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HomeMy WebLinkAboutOrdinance 0016 o /l 0 oj I ue-tF' #- I (, t , BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: THAT, Section 1. The City of North Richland HilJs, Texas, hereinafter caJled City, hereby grants its consent to the use of its present and future streets, alleys, highways and publ ic grounds to the Tarrant Utility Company, a Texas corporation, hereinafter caJ1ed Company, within the corporate limits of North Richland Hills for the purpose of constructing, maintaining and operating its water and sewer system including its mains, pipes, conduits, and other distributing appliances necessary and proper for the conducting and furnishing of water and sewer service for publ ic and private use to said City and its inhabitants. Section 2. The term of this grant shall be for a period òf thirty (30) years. Section 3. All ma ins, ~fe.d ~. lines and app 1 i ances sha 11 be so construw as to not unreasonably interfere with the traffic on streets and alleys and system shall be laid not less than 18 inches under the surface of the street. Al J said mains and appurtenances shall be installed and maintained in a good workmanlike manner. Sect ion 4. The company agrees to restore any street or other publ ic place which it is necessary to break or open for the erection, con- struction, extension or maintenance of its system to its former con- dition in accordance with the requirements of the ordinances of City. Company assumes aJJ liability which may be occasioned as a resuJt of the breaking or opening of any street or pubJ ic place and the failure to properly restore same, and in this connection the said company will hold and save the City of North Richland Hills 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 publ ic places. Section 5. In 1 ieu of all other fees, 1 icenses and taxes of all kind and character on said water and sewer system, saving and except- ing any ad valorem tax now or at any time hereafter levied by the City of North Richland Hill s, the Company sha 1 1 pay to the C i t y an amount equal to two percent of the gross receipts received by the Company from the sale of water and from sewer service charges to its domest ic and commercial customers within the City 1 imits of said City, 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 January and July, respectively. The Company, upon the payment of said moneys, shall file, with the City Secretary, a sworn statement showing the gross receipts from the sale of water and of the sewer service charges to its domestic and commercial users within the City 1 imits of said City for the respect ive periods of time covered by said payment. The City may, if it sees fit, have the books and records of the Company reflecting said income examined by a competent person authorized by the City Council to ascertain the correctness of the sworn report provided for herein. Section 6. The franchise herein granted shall never be carried on the books of Company at a value in excess of One {$l .OO} Dollar, nor shall any value be attached thereto in excess of said sum for any purpose. -2- Section 7. This ordinance shall become effective upon its acceptance by the Tarrant Ut i 1 ity Company. . ~ PASSED AND APPROVED th s~- day of fJ¡J& , 1955. NOW COMES the Tarrant Util ity <--~.,§ .~- Company, a C~~j::, and (J 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 ordinances. ATTEST: Ú.- ~,r: . :æ UV~PANY, President A Corporation THE STATE OF TEXAS t COUNTY OF TARRANT t On this day personally appeared before me,Obie 1'. Leonard, Jr. , 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. Subscr i bed and sworn to before me by the sa i d ~ f. ~ ~ÂI. this day of ~J;a,.J 1/ , 1955. ' if"F ~-7f~f Notary ~kict:~a~rant County, IJ Texas