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HomeMy WebLinkAboutResolution 1969-015 RES 0 L UTI 0 N Aq-l~ WHEREAS, The City of North Richland Hills has filed an injunction proceeding being Cause No. 5657l-C, in the District Court of Tarrant County, Texas, 17th Judicial District, styled the City of North Richland Hills vs. Cub Oil Company, Inc. wherein the City of North Richland Hills was seeking to enjoin the said Cub Oil Company, Inc., from operating a gasoline service station located at 6201 Davis Boulevard; and, WHEREAS, the City of North Richland Hills and Cub Oil Company, Inc., have entered into a compromise agreement, wherein the City of North Richland Hills will grant to Cub Oil Company, Inc., a variance to operate a self-service gasoline station at 6201 Davis Boulevard for so long as the Ordinance No. 87 remains in full force and effect or so long as any successive ordinances of the City of North Richland Hills which would tend to regulate the operation of self- service gasoline stations are declared invalid or unconstitutiona , and Cub Oil Company, Inc., has agreed that it would not locate another self-service gasoline station in the corporate limits of North Richland Hills, so long as a valid ordinance regulating the operation of self-service stations in North Richhnd Hills remains in full force and effect; and, WHEREAS, the City of North Richland Hills will not permit Cub Oil Company, Inc., or any other person, persons, firm, partnership, association, corporation, or any other oil companies to locate or operate a self-service gasoline station within the corporate limits of North Richland Hills, Texas; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS, that since the premises described ~", as 6201 Davis Boulevard was occupied and had a prior use as a self-service gasoline station prior to the enactment of Ordinance No. 87 of the City of North Richland Hills, it is recognized that Ordinance No. 87 does not apply to any self- service gasoline station at that location and accordingly, the City of North Richland Hills shall permit, after a variance has been granted by the zoning board of adjustment of North Richland Hills, Texas, Cub Oil Company, Inc., the right to operate a self-service gasoline station at 6201 Davis Boulevard in North Richland Hills, Texas, and, THE CITY COUNCIL OF NORTH RICHLAND HILLS FURTHER RESOLVES that it will not permit Cub Oil Company, Inc., or any person, persons, partnerships, firms, corporations, or any other oil companies to locate or operate a self-service gasoline station within the corporate limits of North Richland Hills, Texas, and it is expressly understood that this resolution is based upon the covenant of Cub Oil Company, Inc., that it will not seek to place another self-service gasoline station within the corporate limits of North Richland Hills, Texas, so long as the City of North Richland Hills has a valid ordinance on the books which would prohibit self-service gasoline stations. IT IS HEREBY ORDERED that the City Manager of the City of North Richland Hills, Texas, shall execute a settlement agree- ment which would effectuate the terms of this resolution and settle Cause No.5657l-C, in the District Court of Tarrant County, Texas, 17th Judicial District. APPROVED AND ADOPTED by the City Council of North Richland Hills on the ?l,th day of N(wp.mhe~ , A.D., 1969. ()~~ Mayor ... . ¿vY'k - 2 -