HomeMy WebLinkAboutResolution 1969-014
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RESOIDTION NO. 69-14
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WHEREAS, it is a matter of paramount necessity that the City of
North Richland Hills fulfill its governmental duty and obligation to protect
the health, safety and welfare of the citizens of the City of North Richland
Hills by providing safe, sanitary and healthful water for all purposes and
providing means and methods for the safe, sanitary and healthful collection,
transportation, treatment and disposition of sanitary sewerage effluent
generated in the City of North Richland Hills; and
\~S, the City of North Richland Hills has heretofore made and
entered a contract with the Cities of Richland Hills and Azle and the Town
of Lakeside (Hereinafter called Other Cities) and with Tarrant County Water
Supply Corporation under the terms of which contract Tarrant County Water
Supply Corporation became obligated to manage and operate certain water and
sewerage systems as managing-operator and as operating trustee for the City
of North Richland Hills and the Other Cities and to furnish healthful, safe
and adequate water and sanitary sewerage service to the citizens of the City
of North Richland Hills and of the Other Cities; and
WHEREAS, despite frequent demands and requests by officers, repre-
sentatives and agents of the City of North Richland Hills, the said Tarrant
County Water Supply Corporation has consistently failed and refused to furnish
healthful and adequate water and sanitary sewerage service to the citizens of
the City of North Richland Hills and is financially unable to expand and
improve its systems so as to provide for the growth and expansion of the City
of North Richland Hills and the Other Cities, thereby jeopardizing the public
health, safety and general welfare; and
WHEREAS, such contract with Tarrant County Water Supply Corporation
has proven to be detrimental to the health, safety and general welfare of the
citizens of the City of North Richland Hills due to increases in population
and changes in circumstances which could not have been anticipated at the time
the contract was made; and
WHEREAS, the Mayor, the City Council and Officers of any municipal
corporation cannot contract away their governmental duties to provide essential
water and sanitary sewerage service and any form of contract or agreement that
is detrimental to the health, safety and general welfare of the public is
voidable and unenforceable, all of the above recitals being made as legislative
findings by the City Council of the City of North Richland Hills,
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NOW THEREFORE, BE IT RF..sOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHIAND HILLS
(1) That the City of North Richland Hills acquire by purchase,
eminent domain or any other lawful means all of the facilities and portions
of the water and sanitary sewerage systems of the Tarrant County Water Supply
Corporation which are necessary to serve the City of North Richland Hills or
which are located within the boundaries of the City of North Richland Hills;
(2) That the City of North Richland Hills discontinue all franchises,
real or asserted, of Tarrant County Water Supply Corporation to use the public
streets, alleys or public places in the City of North Richland Hills to furnish
water and sanitary sewerage service in said City;
(3) That the officers and representatives of the City of North
Richland Hills be and they are hereby authorized to negotiate 'tlith Tarrant
County Water Supply Corporation the other Cities, and the Trustee and Co-Trustee
named in the Bond Indenture for the purpose of acquiring appropriate
facilities and portions of the water and sanitary sewerage systems of Tarrant
County Water Supply Corporation by agreed purchase, if reasonably possible,
and if they cannot agree as to price and as to which facilities and portions
of the systems are to be acquired, that the attorneys for the City of North
Richland Hills be and they are hereby authorized to institute proceedings in
eminent domain on behalf of the City of North Richland Hills for the purpose
of acquiring such facilities and portions of the systems as are necessary to
provide adequate, safe and healthful water and sewerage service to the citizens
of the City of North Richland Hills or are located within the boundaries of
the City of North Richland Hills. The amount authorized to be paid for the
acquisition of such facilities is $3,335,000.
PASSED AND APPROVED THIS 13th DAY OF October , 19 6q.
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MAYOR
CITY OF NORTH RICHLAND HILLS
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