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HomeMy WebLinkAboutOrdinance 0286 r-~ , . . e -~, ORDINANCE NO. 2E>f, "AN ORDINANCE by the City Council of the City of North Richland Hills, Texas, ordering an election to be held in said City on the 15th day of November , 1969, 'for the purpose of submitting to the qualified voters of the City of North Richland Hills, for adoption or rejection, proposed amendment to the existing City Charter, designating the place at which said election is to be held, appointing the officers of said election, enacting provisions otherwise incident to such ordinance, and declaring an emergency." WHEREAS, the City Council of the City of North Richland Hills, Texas, has, on its own motion, determined to submit to the qualified voters of said City for their adoption or rejection thereof certain proposed amendment to the City Charter of such City pursuant to the provisions of Article 1170 R.C.S. of Texas, 1925, as amended by Chapter 500 Acts of the Regular Session of the 57th Legislature of Texas in 1961; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1: That a special election be held in the City of North Richland Hills, Texas, on the 15t.h day of November , 1969, for the purpose of submitting to the qualified voters of said City, for adoption or rejection, the following proposed amendment to the existing City Charter of the City of North Richland Hills, Texas: AMENDMENT To amend Article X, Section 1 of the present Charter of the City of North Richland Hills, so that upon ~ ~ .~ . adoption thereof at the aforesaid election, same shall read and provide as follows: SECTION 1. ACQUISITION OF PROPERTY. (1) The City shall have the power and authority to acquire by purchase, gift, devise, deed, condemnation, or otherwise, any character of property, within or without its municipal boundaries, including any charitable or trust funds. (2) Specifically, but without limitation of the foregoing, the City shall have full power and authority to acquire through the exercise of eminent domain, or by purchase, or otherwise, and maintain and operate, any part or all of any 4IÞ water works system, sewerage system, or other public utility used in serving citizens of the City. Such power and authority shall include that specified in Article 1175, Vernon's Annotated Texas Statutes, Subdivisions 11, 13, 15, and any other Subdivisions thereof, as now existing or as hereafter amended, and any common law or other statutory law applicable thereto, and such power and authority shall not be limited by any such specific statutory provisionsy Such power and authority shall include the right to acquire by eminent domain or purchase from any person, firm, or corporation any part or all of the physical properties, easements, franchises, and other tangible and intangible properties and rights which may be in use as an operating utility business. 4IÞ Such power and authority shall include the right to acquire by eminent domain or purchase an undivided interest in any ~ r . . . ~ , t1, ~ , ',; easements or facilities which may be in use to serve any other community and shall also include the right to acquire by eminent domain or purchase any properties located outside of the corporate boundaries of the City if needed by the City in operation of such utility system. (3) If the City fails to agree with the owners of such utility company as to the value and damages for acquisition of such utility system, the City shall then file a statement with the Judge of the County Court-at-Law of Tarrant County, Texas, describing the physical properties, easements, franchises, and other tangible and intangible properties and rights sought to be condemned, and shall state the purpose for which it is intended to be used, the names of the owners, and that the City and the owners have been unable to agree upon the value of such property and rights. In such statement said Judge of the County Court-at-Law of Tarrant County, Texas shall be requested to appoint three commissioners who are disinterested persons and who know the values of such types of utilities as going concerns as well as values of the physical properties, easements, franchises, and tangible and intangible properties and rights involved in such condemnation. Such commissioners shall be instructed by said Judge to consider all relevant factors and evidence as to the value of the physical properties being condemned and also the easements, franchises, and other tangible and intangible properties and rights so as to determine the fair value of such utility as an operating system and to ~ r ~ , . . determine the damages which will be sustained by such condemnee through such taking, and the relevant factors and evidence to be considered by said commissioners shall not be limited to the value of the physical properties and easements. (4) All of the books and records of said utility company shall be made available for examination and study by said commissioners, and said commissioners shall have the power to compel the attendance of witnesses and production of books and records in the same manner as the Judge of the County Court-at-Law of Tarrant County, Texas. (5) The City shall not take possession of the property being condemned, or any part thereof, until after entry of a final judgment and expiration of the time for appeal or motion for rehearing. (6) Except as otherwise specified herein, the procedure to be followed in condemnation of any part or all of the properties and rights of a utility company shall follow the statutory provisions of Articles 3264-3271, both inclusive, Vernon's Annotated Texas Statutes, and the common law applicable to eminent domain. Section 2: That said election shall be held in each of the election precincts within said City, and the polling places and presiding officers for each of said precincts shall be, respectively, as follows, to-wit: . ~ ~ ,.- . . . L ~, Precinct Polling Place Presiding Officers No. 1 City Hall Ann ...Smi tl-J Preslding Judge S<'1intSmit.n Alternate Presiding Judge Glenn GootlYJ.i[':'ht Clerk - Pi llie H!:rfib3.Þ~r Clerk Scherr:] Garvin Clerk Clerk No. 2 Smithfield Fire Station #1 Mrs. J. ~. He~dtt Presiding Judge Vernon Sampley Alternate Presiding Judge Mrs. Faye Br:::>dley Clerk 1-1rs. LiJ.Lie B. May Clerk Mrs. Dean Baker Clerk Clerk There shall be 5 clerks for each election precinct, to be appointed by the Presiding Judge for each such precinct. Section 3: ABSENTEE VOTING shall be conducted at the City Secretary's Office in the City Hall, in accordance with the provisions of Chapter 424, Acts of the 58th Legisla- ture, Regular Session, 1963. ~ r ~, · Section 4: That said election shall be held under the provisions of Chapter 13, Title 28, Revised Civil Statutes 1925, and all persons qualified to vote in said City under the laws of the State of Texas regulating general elections shall be entitled to vote. Section 5: That the form of ballots to be used in said election shall be as follows: OFFICIAL BALLOT (Charter Amendment Election November ~, 1969) AMENDMENT Do you vote to amend the present City Charter of the City of North Richland Hills by amending and changing Article X, Section 1 thereof, so as to hereafter read and · provide as follows: ARTICLE X OWNERSHIP OF REAL OR PERSONAL PROPERTY SECTION 1. Acquisition of Property (1) The City shall have the power and authority to acquire by purchase, gift, devise, deed, condemnation, or otherwise, any character of property, within or without its municipal boundaries, including any charitable or trust funds. · (2) Specifically, but without limitation of the foregoing, the City shall have full power and authority to acquire through the exercise of eminent domain, or by purchase, or otherwise, and maintain and operate, any part or all of any ~ ~. . water works system, sewerage system, or other public utility used in serving citizens of the City. Such power and author- ity shall include that specified in Article 1175, Vernon's Annotated Texas Statutes, Subdivisions 11, 13, 15, and any other Subdivisions thereof, as now existing or as hereafter amended, and any common law or other statutory law applicable thereto, and such power and authority shall not be limited . by any such specific statutory provisions. Such power and authority shall include the right to acquire by eminent domain or purchase from any person, firm, or corporation any part or all of the physical properties, easements, franchises, and other tangible and intangible properties and rights which may be in use as an operating utility business. Such power and authority shall include the right to acquire by eminent domain or purchase an undivided interest in any easements or facilities which may be in use to serve any other community and shall also include the right to acquire by eminent domain or purchase any properties located outside of the corporate boundaries of the City if needed by the City in operation of such utility system. (3) If the City fails to agree with the owners of such utility company as to the value and damages for acquisi- tion of such utility system, the City shall then file a statement with the Judge of the County Court-at-Law of Tarrant County, Texas, describing the physical properties, easements, franchises, and other tangible and intangible properties and rights sought to be condemned, and shall state . t--- ~ · · · ~ .~ the purpose for which it is intended to be used, the names of the owners, and that the City and the owners have been unable to agree upon the value of such property and rights. In such statement said Judge of the County Court-at-Law of Tarrant County, Texas shall be requested to appoint three commissioners who are disinterested persons and who know the values of such types of utilities as going concerns as well as values of the physical properties, easements, franchises, and tangible and intangible properties and rights involved in such condemnation. Such commissioners shall be instructed by said Judge to consider all relevant factors and evidence as to the value of the physical properties being condemned and also the easements, franchises, and other tangible and intangible properties and rights so as to determine the fair value of such utility as an operating system and to determine the damages which will be sustained by such condemnee through such taking, and the relevant factors and evidence to be considered by said commissioners shall not be limited to the value of the physical properties and easements. (4) All of the books and records of said utility company shall be made available for examination and study by said commissioners, and said commissioners shall have the power to compel the attendance of witnesses and production of books and records in the same manner as the Judge of the County Court-at-Law of Tarrant County, Texas. (5) The City shall not take possession of the property being condemned, or any part thereof, until after entry of a ~ . . . ~ ~ final judgment and expiration of the time for appeal or motion for rehearing. (6) Except as otherwise specified herein, the procedure to be followed in condemnation of any part or all of the properties and rights of a utility company shall follow the statutory provisions of Articles 3264-3271, both inclu~ive, Vernon's Annotated Texas Statutes, and the common law applicable to eminent domain. ANSWER: Yes. No. Section 6: All voters desiring the adoption of the proposed amendment shall vote: "YES" and those desiring the rejection of the proposed amendment shall vote: "NO" Section 7: That notice of the election hereby ordered and called shall be given by publication on the same day of two successive weeks in a newspaper having general circulation within said City, the date of the first publication to be at least fourteen (14) days prior to the date set herein for such election. It is hereby found and determined that there is no newspaper of general circulation which is published within said City of North Richland Hills; and it is hereby found and determined that the Mid-Cities Daily News published in Hurst, Texas, is a newspaper having general circulation within the City of North Richland Hills, Texas ..J . . . ~ Section 8: This ordinance shall take effect and be in force from and after its passage, and it is so ordained. PASSED AND APPROVED this the 13t.h day of October, 1969. MAYO City .0-.,\ ;¡.R.iP of North Richland Hills, '.; , ATTl_~:, -) /' / " ø . I //.-t:. ",. '-J L/ / /!..-¿ ~'_¿j ,,/') ¿" 2' L-:::./ C)..,--- .' ~'lV J Ci Secret ry, -.wa_;yn R. Hustnn City of No th Richland Hills, Texas APPRO'\.IED AS TO FORc1.1 AND LEDALITY: fl~·~ CI'fY'-ATTORNEY, DAnnis Horro1'l' CITY OF' NORTH RICHLJ\NT) HILL.S, "'EX.AS ~. Texas ~ · · · ~ ~ CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS x COUNTY OF TARRANT x CITY OF NORTH RICHLAND HILLS I, the undersigned, City Secretary of the City of North Richland Hills, Texas, DO HEREBY CERTIFY that the above and foregoing copies of (a) Notice of Charter Amendment Election (which notice contains a true and correct copy of ordinance calling said election and minutes pertaining to its adoption on the ?I:+'h day of ~T')veTr:bt"·'Y' _, 1969); (b) Affidavit of PUblisher of Mid-Cities Daily News showing publication of notice of Charter Amendment Election; (c) Resolution canvassing returns and declaring result of Charter Amendment Election are true and correct copies of the originals now on file and of record in my office in the City Hall in the City of North Richland Hills, Texas. I FURTHER CERTIFY that the ordinance of the City Council calling the election for submission of the proposed amendment to the Charter of theCity of North Richland Hills, Texas, and the resolution of the City Council canvassing returns and declaring result of the election are of record in the Minutes of said City Council. WITNESS MY HAND AND SEAL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THIS the 3ill day Of~~:~_ ¡);L~ City secrØtary,~ty of North Richland Hills, Texas ~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF 71'> R R!\lJ T : Before me, the undersigned authority on this day personally appeare«t1 ""<.>nr\'I'> T."",.!; Q known to me to be a credible person. who first being sworn, deposed and upon her oath said: Th t h 3oo.k:keeper a s e IS mè Nid Ci ties of the Daily News , a newspaper which has been regularly and continuously published and of general circulatiofl -in the City/Town of T-r"p c< t, , for a period of more than one year next preceding the first publication of the attached Legal 'Notice and that he caused said notice to be 1']/26/69 11/2/69 published in said newspaper on the following date/so That the attached is a true and correct copy of said notice as pub- lished on said date/s in said r:id~itie8 Daily Nsv;s [& --/ ¿(L-~1.,/ . /7 ~ A.. A _ ,?'\ .fV't/- -:,J Sworn to and subscribed before me, this the.J..¡¡"tday of n,::." T 196..2.... ~. ~ Public, Tarran t County, Texas ATTACH LEGAL COpy HERE r , r: ,'" ORDINANCE No:. '..: "AN ORDINANC&: by tbe~ Councl of the CIty fi Nadti RkbIaìId BiDs. 1'IÌIII(.~ .. . e1ecttIIDm ....·ID , IIid etty.·OD thea·clayOf. November. _, ... the.- . pose of dmittiDc to _qua:. ifted. ... fitbeàtyôf Ntrth 1Uèbl-1UJlj.· far adaption . or rejeèUOb. .... pró- poeed ameIIdmeat to the.- ill CitJ QIarter. --. , .. the pIIœ It whiebllld election Is to be beld.1ppOint- ill the off*' of .... .,ete.è- , tiDn. eaaetmI.., 'isIGbS'otb- prov , enriIe iDcldèrIt to .. .. nance, mI decllll'ing an emêr- leney·" . . ' wømEAS. the City CciuneIl fi the City of North IUcblml HOts. Texas, bU~ Oft its own motiIn. determined to sabmlt to the quIllied voters of sâicI cty for their adoptiOn or re. jeêtion tbereof œrtaiD· pr0- posed. amendment to the City Charter of ,sucb City ....t to the prorisions of Article , 11'10 R.C.S. of Texas, 1t25. as ameøled by Cbaptet .; Ads af the Regular SéssiDn of die 51th· LealsJature ofTeøs in 1.; therefore . BE IT ORDAINED BY THE· CITY COUNCIL or .. 11IE CITY OF NORTH RICHLAND HI1J.S: . Section 1: That a. BpeCiaI election be held in the OIJ of North Riehland HiOI, Tells. On the 15th day of November. 11119, for the 'purpøøe of sub- nûttinS W.tbe quaiifaedvoters of said City, for adoptioft ør rejection. the rono.iDI. pI'O' posed amendment to the exist- ing City Chatteì' ci the City of North Ricb1and HIlls, T~ AMENDMENT To amend Article X. Section 1. of the presenta.arter of the City ai' NCI'th RiCbIed· HIDJ, . taat upon 8dcIption tIIereof at the aforesaid election, same iJhaII read mI provide ufol- lows:· . ETION1.ACQUISITION OF PRPPERTY. 11),'" <*1_.....- ..... ind.' ___'to'le- ...... quft. ..~'~... ... deed, ....".,...¡ JII' ~ .., ..... of ;=:;.~~ ~"'" ehIrtÞIìIe'If". , !4øl nDdee . 01, utÎUt\eI aÎ I~ conc:erns as weD llyalues of .the physi- cal '. ~ . euèments. ·fr~. 8Dd tqible and , iDtaßIib1e. properties and lights itvoived in such con- demÞatlon. Such commission- ers -øn be instrUCted by said Judie to eóDsider an relevant faettrS _ evidencé as to the vahle of the physical ¡iroper- ties being eø1demned and also the euements. franchises. mI oI1er tangible and intangi- ble properties and ri¡hts so as todetermiDe the fair value of . ~ Qtilty âs an operating .,.. and to determine the' damaøes di:h will be S\JS- tained by such condemnee throUIbsucb taking, and the relevant 'factors and . evidence to be eclDSidered by said com- íD~ shallllOt be limited tD the value of the physical .~ mI easements. (4) AI of the books and re- cords Of said. utility company sball be made available fOr ..-tion mI study by said eommisSìmerS. and said com- missionerS sball have the pow- er to compel the attendanCe of wiIÐeSM and production of books 8bd records in the same _u the Judie of the 0.. Oøt-at-Law of Tar- '* Cciunty, Teus. (5) The cty shall DOt take ,,_!lrlnll of the propertý IIÛII COIidemDed. or any part tbereaf. UDtiI after entry of a final Judlement 8Dd eIpira- tiDn fi the time for a¡,peal or . motiDn .for rebeIrinI· ; (.) BIœpt u otberwiIe ! Ipdied bereiD, the ~ ... to M followed in eondem- .. df allY part or åll of the ¡ropertieI aDd rightS of a uti1i- ty eompany iJhaII foUow the ItItU\'AII'Y ~of Arti- del 3IM-Ill1, both iDclusive. V_'s AnDotated Telas StàtuteI, and the common law ~1e to emiDeDt domain. -~ 2: 'Ibat said election sball be held in each of the electioD precincts within said CIy, 8Dd the pollInø places _ ~ officers for each åI aid ~shall be. res- pectmlJ. u follows, to-wit: PredœtI. PoUin¡ PlaceS. ".PreIidin¡ Officers: No.'.l. City Hall. Ann Smith, ~J_; Saint Smith; Alte'DIte PresIdiaI· Judge; G_ QoocIniøbt, Clerk; B~ and 'other tanCible and iJùDIi- ble properties 8Dd rilbts which may be in use as an op- eratiDI utility buSinesS. Such power and authority sbal1 In- elude the right to acquire by eminent domain or purchase an undivided interest in any easements or f$CUitits wbich may be in use to serve any other mmmunity and sball also include the right to ac- quire by eminent domain or purchase any properties locat- ed OIitside of the corporate boundaries ai the City if need- ed by the City In operation of sucbutUity system. " (3) If the City faDs to agree with the owners of sucb utilitt company as to the value and damages for . acquisitionci . such utility sýstem, the City shall then file a statement with the Judge of the cøiy CGurt - at - Law of Tamnt COunty. Texas,· describing the physical properties. ease- mentB, francbiIeS. IDII .. .......u.Lo and IntIItIPIIIe ;:;;üe. and rtøbtI IIJU&bt to be CØIIIIemned. aDd sb8U state the ~purpose for wbieh it is inteiIIed to be usedt the D8IIltS of the 0wn- ers, åDd that the City aDd the owners have been uuab1e to agree upon the value of such property and rIbts. In such statement sail Judge of the CcMItty CoUrt-at-Law of Tar- rant County. Teus sball ~ requested to appoint three COIIII"I-1onefS wIlD are dIsin- terèSted perscø. ând who know the values of such types Œ utilities. u ping cœceras . as well as vables of the physi- cal properties. eaøements. franchises. and tangible and intaIIgible prOperties and rights involved in such con- demD8tion. Such œmmissioÐ- erssballbeinstrUCtedbysaid Judge to CCíDSider an relevant factors and evidenCe as to the value of 1he physical proper- ties bein¡ condelmaed and also the easements. franchiseS. and other tanClbleand intangi- ble propEl'tiesand rlgbts so IS to determine the fair value of such utility as an opera_ system and to cIeterrnine the damages wb£b will be sus- tained by. such . conctemnee tbrœgh such takinS. and the relevant factors and evidenCe to be considered by said COllI- . ] tw. tbè 1Stb Jay. fi Oetøber, . ø.. + J.ll ØII1IbIrd MAYOR PRO-TEM Qtyof N~·RidIlaDd .. Texas AnEST: Evelln R. HustcII CIty Secretary, ctyof North Rkbland HiDs, Texas APPROVED AS TO FŒM AND LEGALITY: + DsmiB MorroW CITY AnoRNEY, ·ClTY OF NORTH RICHLAND HILLS. TEXAS M.C. Legal No. 5011. Publi8bed 1~26, 11-2.. í \ \'