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Home My WebLink AboutResolution 1971-011 RESOWTION NO. 71-11 A RESOWTION BY THE CITY COONCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE MAYOR OF NORTH RICHLAlD HILIS TO ACCEPT AID APPROVE THE ATTACHED FRANCHISE WITH THE CITY OF WATAUGA CONCERNDIG THE OPERATION OF THE TARRANT COONTY WATER SUPPLY CORPORATION'S WATER AND SJ!.WER SYSTDI AND FACILITIES. WHEREAS, the City ot North Richland Hills is a member City ot Tarrant County Water Supply Corporation along with Azle, Lakeside, and RichlandHi11s, and; WHEREAS, the City ot North Richland Hills is desirous ot acquiring trom the corporation the water and sewer tacilities within its boundaries and withiD the City ot Watauga, and; WHEREAS, the City ot Watauga has expressed a desire tor the City ot North Richland Hills to own and operate the system within Watauga; BE IT, TJIEREli'ORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOR'l'H RICHLAID HILLS, TEXAS, THAT: The Mayor is hereby authorized to sign the franchise between North Richland Hills and the City ot Watauga, a copy ot which is attached hereto and the City ot Horth Richland Hills will be legally bo1U1d by this franchise and hereby accepts and approves said franchise. PASSED AND APPROVED this 29th day 1971. ATTEST: £: ¿JiL /~ APPROVED AS TO LmALITY AND FORM: ~~~~- -:,,-_....0 . . . .. <\ r, . ) 0':/ ~"( '" , . ORDINANCE 79 GRANTING TO NORTH RICHLAND HILLS A FRANCHISE FOR A PERIOD OF THIRTY FIVE YEARS FOR THE OPERATION OF A WATERWORKS AND SEWER SYSTEM IN THE TOWN OF WATAUGA AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the Tarrant County Water Supply Corporation, which provides water and sewerage service to the Town of Watauga, is ,comprised ( , of the City of North Richland Hills, The Town of Richland Hills, Thê City of A zle and Lakeside Village, all bound together by a j oint and mutual contract which brought the aforesà.id corporation (non-profit) into being; and, WHEREAS, although the Town of Watáuga is not a constituent member or shareholder in the Tarrant County Water Supply Corporation, it is nevertheless vitally concerned and affected by the functions of said, corporation within its municipal boundaries; and, WHEREAS, North Richland Hills is prepared to acquire, on behalf --: () of the Town of Watauga, the existing water and sewer system now operated within the Town of Watauga by Tarrant County Water Supply Corporation; and, WHEREAS, all water and sewer properties of Corporation are ,t:overed by a single Indenture of Ma-tgage and Deed of Trust and Supplements t·.1el..~tOJ to secure t.ne paYlilent ,..'1 Co;.'pt..:'ì.·,:tLon.:;;) G~~~.ji~&.¡~jiIlg ht:.Á1d3 lü l>Lt3 amount of $5,750,000.00; and, VlHEREAS, said Indenture of Mortgage and Deed of Trust, including Supplements, provides that when said bonds in said sum are paid in full (-.J ( the last maturing bonds being due in the year 1995, A. D. ) that title to . ' t'~'" -.- ----.-...--.., until all bonds issued by the NRH and as subsequently refunded orre,~i~~~~ed: ,. ! .I'~'''< have. ~een paid and retired. ';, ,.:;:;,:\\ "" ":;'!I;\{: .';(1.. ", \ '... Section 3. .. ¡ .. ,.."..,....'...·.·..:.:·,1",;...::,":':":"",',~...,,:.·::!:.,."".·':""<.t.·'·"':".1' ,:i,~.:;,1:: -:'¡~~:,'" . .. . . .' .\~'.'> All mams, lines and appliances shall be so constructe~ ast?~~n';:;\:. ,; ". . ~i~I!~n~blY !nterfere wHh llie traffle on streets and ane~::"¡;~~Jf~ii;~i};~,&w~\~)ij!\ .,~::,,;,i:i~%~ tJ~iG\':,:, ..... ":0< ,:l;!?pAJ [, ':i:; , . ::·,j¡¡~i,\~¡i8~¡l~;¡¡í¡¡i~;t!!!.I(;M((&' II::" , r /.:,: . r ' " I", í .' i ::: ,. r :',~' I I I I " 1 '." I ! I·; , ¡f:.o,' " . " . 1,·"- r: ; 'li'" .,' j.! ." :,,:,'\,' '.1' . , :~ I; ::" '. . "\' I ,¡: ,J.!;, . , .......--.:'..__ n ;,' ", ~ ' ( , . '( Î. '¡::!·i,\\;'; ,¡I,.' 'said water ánd sewer Or water or sewer properties, ¡, . ',. , . .:' . as the case may' be" . ¡, ~ ¡ ",and those adjacent thereto shall revert to and be owned by said constituent . . .. member municipal corporations individually; and, " ; .I~· ~ '. WHEREAS, North Richland Hills has agreed with aU other p1Unicip~l I'~:. I . .. , '., j I.:,: ;'\!'.I.'¡, 't' \ ..: .;. , , corporations herein named to fund and pay all â the Corporation's' out:>;:.:!:. t.. . " .' . ' . . . : .' \ : ,_, '" . ~ ~~ "f '.~ :;.1', .: ; .:! '.' , ; '~ .\ , ! ~ sþ1nding bonds, and all other municipal còrporations have agreed that,-< ;¡','\ , : ~:i " '" ' :;', upon such payment of said bonds that North Richland Hills would thère~pon,¡.(';" i' '!be~ome the owner of all properties of Corporation wherever s¡¡~te~;and,\?,t¡¡; . ' ;. ~'::';(;:;';:';' ,;,'~:':r/~'::r\': WHEREAS, it is for the benefit of the Town of Watauga and its :'i'., ",:, ':/;0\.,' , . ',,' - \' ·~.¡-1~<.:;-:: ·.<:.~·::;·':-\:j/¡I:': citizens that North Richland Hills furnish water service to its cHi !;ens:;"! '·:',,;Y.~:,: .'., . ;):~,d!:~J !',/ ',Ò~?::~:,; BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN"(~(¡""''':;''''''{'OI; O A GA EXAS T A . ,. . .~;.; ..:.~;:..!.,..::';, .':;'::.;!!,: F W TAU ,T , H T.: ':. I.'>;,Ç~¡'.Í'I;:,/...I'.,,,.,,,,,,; See Uon 1... ;~,'1.J;\1~t[,!,1;'!:~Y ···.1 . . The Town of Watauga, Texas (hereinafter sometimes called ¡"Town"), 1;, . !.,' .'hereby grants its consent to the use of its present and future streets,alleys, . I ,. .' ·!·:·,;.·'r " highways and public grounds. to the City of North Richland Frills, 'a m~cipal :-' ',,:'~, , , . '.'. ':~~ ~I . : ' i. . . ',', <,". :',' Corporation (hereinafter called "NRH"), within the corporate limits,'o{,:i;' ;,.,: ':,:: ':',. '",.':' '. '. '. .' "",:'; :?;V::'~: : . . , "', Watauga, for the purpose of constructing, maintaining and operating'its':':i' :.' '.'~:.~,~t'·, , I,>i~':>".:\ ~":!:~ '1, ' (and pewer) system, including its mains, pipes, conduits,.and,other ' ~,' 'l"~" ;'; II . . .';! .i..~i.;,~ ' " . 'distributing appliances necessary and proper for the conducting and furnish-·".. I ,:. .': ',;, .'. ,'. " :' :" : ing ,of,water .(and sewer) service iór public and private use to said ToWf1'.;'( :,;" :.",.1 . . ..." Section 2. . . r;' '.1. f;' '? ~ , .' i ' ~ ~ The term hereof shall be for a period of thirty-five (35) years,.::or·: . : ··:t:I:;· ".' : '\'., ,'il' ..-. -....-.----. t, ( ( \ . . .. . ( ~ ~-'"'). " ", system shall be laid not less than eighteen (18) inches under the surface of the street. All said mains and <l:JptJ..:'tenances shall be in3tal.led al1.d main- tained in a good workmanlike manner. Section 4. The NRH agrees to restore any street or other public place which it is necessary to break or open for the ere_ction, construction, extension or maintenance of its system to its former condition in accordance with the requirements of the ordinances ofthe Town. NRH assumes all liability which may be occasioned as a result of the brealdng or opening of any street or public place and the failure to properly restore same, and in this connection the NRH will hold and save the Town of Watáuga harmless from any and all claims, causes of action or damages resulting from, or in connection with, the opening or breaking of any of said streets or public places. Section 5. In lieu of all other fees, licenses and taxes of all kind and character on sai~ water and sewer system, saving and excepting any ad valorem, tax now or at any time hereafter levied by the Tovm of Watauga, NRH shall pay to the Town an amount equal totwo per cent of the gross receipts received by NRH from the sale of water and from sewer service charqes to its domestic and commercial customers within the City limits of said Town; said amount shall be paid on or before January 15 and July 15 of each year covering said amount due during the six-months period prior to the first day , of JailuaJ.'Y and July, respe~tiv81y. .S::tid I-ŒH; ,upon thl'> 1!aymAnt of said moneys, shall file with the Town Secretary a sworn statement showing the gross receipts from the sale of water (and of the sewer service charges) to its ~~~ti_c an<i~ommercial ~ within the City limits of said Tovm for the respective periods of time covered by said payment. As soon after the close of each operating year as may reasonably be done the NRH shall have the books, records and accounts of the Corporation audited by an independent certified public accountant or accounting firm and shall file a copy of such audit with the Town Secretary, and the Town' by its -------------- --_._---~ "0 "..._.__.. _ "-. ..--------.--... --- . . . . (( ~-:-~" ':,í, ~ .. , agents, engineers, accountants and attorneys shall have the right at all reasonable times t.o examine ::mcl inspect the property, books and records of'NRH.", ;11'J . . J -' l ~ I' " ..1 L';~ j.i.:.;.. Section 6. NRH shall not charge rates for water and sewer services in amounts that will be more than that sufficient to pay the cost of operating and main- taining the water (and sewer) system; to pay the interest on the bonds issued by NRH as such comes due; to pay the principal of such bonds as such mature and establish a sinking fund therefor; to set aside the amounts recuired by the indenture of trust, or other instruments securing such bonds, to be placed in the customary reserve funds established by such indenture or other in- struments; to pay the amount to the Town required by Section 5 hereof; and to accommodate the growth of the Town AND TO SERVICE T"".RRITORIP..3 TAKEN IN BY EXTENSIONS OF BOUNDRIES AND ANNFAATIONS. Section 7. 'The Town of Watauga shall have the option to purchase from NRH said water and sewer system at any time, the price based upon engineering studies at the time of purchase or as otherwise agreed upon between the parties, taking into consideration any penalties or added expenses that may occur in said purchase. ( . Section 8. The Franchise herein granted shall never be carried on the books of NRH at a value in excess of One ($1. 00) Dollar, nor shall any value be attached t1:lereto :n excess of said sum for any purpose. S~CTION 9 And at no timo shall th~ customers residing in the TDwn of w~taug~ bo ch~rged ~ r~te on water ~nd sew~go ex- c~eQing the rates ch~rged the customers residing in N~rth Richland Hilla. ',. . .. ì 1 ~ f" -. "-- ---. ....____-....-.- . ____ ,. .~__.r.__······ ____.".. ~ ; -" ( ( ( , .', / /' ~\ . .. .. . . ,~"'1 , NOW COMES the' City of North Richland Hills, a municipal corporation, and accepts all the terms and conditions of the above Ordinance and agrees to abide by and be bound by all the terms and conditions of said Ordinance. ATTEST: <c«. hfJL~ Secretary THE STATE OF TEXAS COUNTY OF TARRANT CITY OF NORTH RICHLAND HILLS, TEXAS By: ,4:; l~[1/ýì1~) Mayor ~ro Tern BEFORE ME, the undersigned authority, Ql this day personally appeared Dick Fararn , who, after being duly sworn by me, deposes and states that he has affixed his signature to the foregoing instrument for the purposes and consideration and in the capacity therein stated." SUBSCRIBED AND SWORN TO before me by the said Dick Fararn this ~ day of April 1971. ¡, '-'.----'-----'--.------ -.--, .--- ----~-.._._-.--~.._...- LO '&d' I _ (}?fl,- 0 ''£c «Á~ Notary Public in and for Tarrant County, Texas U~~r 'ì r -5 /L:;e:_- i 0 LJ ...4"',