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HomeMy WebLinkAboutOrdinance 0056 · " , - e " e ORDINANCE NO. 56 THE STATE OF TEXAS COUNTY OF TAP.RANT CITY OF NORTH BICELAND HILLS . On the 26th day of October, 1959, the City Council of the City of North Richland Rills, Texas, convened in regular meeting) at the regular meeting place) with the following members present; to-wit: B ill Perry) Mayor Clyde Zellers) Wayne Franklin, Paul Kutilek, Aldermen, Harden Rowe, stanley Graner) Mickey Osborne, City Secretary and with the following absent: None, constituting a quorum, at which time the following proceedings were had: Alderman Clyde Zellers introduced an ordinance and made a motion that it be passed. The motion was seconded by Alderman stan Grs.ner. The motion) carrying with ~t the passage of the ordinance, prevailed by the follDwing vote: AYES: Aldermen Zellers, Kutilek, and Graner. NOES: Franklin, Rowe The Ordinance is as follows: AN ORDINANCE GRANTm('!; TO TARRAr.TT COUNTY WATER SUPPLY CORPORATION A FRANCHISE FOR A PERIOD OF TE:IP.TY FIVE YEARS FOR TIŒ OPERATION OF A WATERWORKS AND SE"tlE:.~ SYSTEM I¡¡ TEE CITY OF NORTH RICHL.l\ND HILLS, A1"D ORDAIHINi1 OTHER MATTERS RELATlr{G TO TEE SUBlTECT. ~nIEREAS) Tarrant County Water Supply Corporation was created pursuant to the provisions of Article 1434a, as amended, of the Revised Civil Statutes of Tex3s, 1925; and WHEREAS, Tarrant County Water Supply Corporation is prepared to ac- quire, on behalf of the City of North Richland Hills, the existing Water and Sewer System now operated within the City of North Richland Hills by ~arrant utility Company; and WHEREAS, Tarrant County Water Supply Corporation will obtain funds for the acquis:!.tion of such properties by the issue.nce of its bonds secured by a mortgage on such properties and payable from the revenues to . . -- e . e be earned from such properties; WHEREAS, the City of North Richland Hills is to become the owner of all of the properties of Tarrant County Water Supply Corporation that are located within the city limits of the City of North Richland Hills at such time as the indebtedness incurred by the Tarrant County Water Sup- ply Corporation is paid in full, all as more fully set out in a Resolution adopted concurrent with the adoption hereof and as further set out in Sec- tion 7 of the following ordinance; and WHEREAS, Tarrant County Water Supply Corporation and the purchasers and subsequent holders of its bonds must be assured that such Corporation will have the right to operate and maintain such properties located in the City of North Richland Hills for a length of time at least sufficient for the payment of the Corporation's bonds and the interest thereon; and WHEREAS, it is for the benefit of the City of North Richland Hills and its citizens that such Corporation furnish water service to its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HI LIS , TEXAS: THAT, Section 1. The City of North Richland Hills, Texas, (here- inafter sometimes called ';Ci ty"), hereby grants its consent to the use of its present and future streets, alleys, highways and public grounds to the Tarrant County Water Supply Corporation, a non-profit Texas Corporation (hereinafter called "Non-profit Corporation') 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 public and private use to said City and its inhabitants. Section 2. The term hereof shall be for a period of 35 years, or until all bonds issued by the Non-profit Corporation and as subseqnently refunded or refinanced have been paid and retired. Section 3. All mains, lines and appliances shall be so con- structed as to not unreasonably interfere with the traffic on streets and alleys and such system shall be laid not less than 18 inches under the ~ - e . e . , " surface of the street. All said mains and appurtenances shall be installed and maintained in good workmanlike manner. Section 4. The Non-profit Corporation agrees to restore any street or other public place which it is necessary to break or open for the erection, construction, extension or maintenance of its system to its former condition in accordance with the requirements of the ordinances of City. The Non-profit Corporation assumes all liability which may be occasioned as a result of the breaking or opening of any street or public place and failure to properly restore same, and in this connection the said non-profit Corporation 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 public places. Section 5. In lieu of all other fees, licenses 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 Rlchland Hills, the Non-profit Corporation shall pay to the City an amount equal to two per cent of the gross receipts received by the Non- profit Corporation from the sale of water and from sewer service charges to its domestic and commercial customers within the City limits 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. Said Non-profit Corporation, 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 do~estic and commercial users within the City limits of said City for the respective periods of time covered by said pay- ment. As soon after the close of each operating year as may reason- ably be done the Non-profit Corporation 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 City Secretary, and the City by its agents, engineers, accountants and attorneys shall have the right at all reasonable times to examine and in- spect the property, books and records of the Non-profit Corporation. J ·. - e . e Section 6. The Non-profit Corporation 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 maintaining the water (and sewer) system; to pay the interest on the bonds issued by the Non-profit Corporation 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 re- quired 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 instruments; to pay the amount to the City required by Section 5 hereof; and to expend such sums in extending the water (and sewer) system as will accommodate the growth of the City. Section 7. It is recognized that the Non-profit C~rporation will incur indebtedness in the acquisition, construction and, from time to time, in the extension of the water (and sewer) system. At such time as all indebtedness incurred by the Non-profit Corporation has been paid in full, all properties of the Non-profit Corporation, real, personal, mixed and of every character whatsoever, located within the corporate limits of the City of North Richland Hills, shall become the property of the City of North Richland Hills, and all other assets of the Non-profit Corporation of every kind, specifically including, but not limited to, cash, invested funds or the evidences thereof, notes, accounts, choses in action, and all physical properties, real, personal, or mixed, shall be prorated to the City of North Richland Hills and the other cities and towns which have transacted business with the Non-profit Corporation, based on an equitable formula to be determined by competent engineers, which formula shall primarily consider and be in direct proportion to the amount of business so transacted and the number of water and sewer taps within the limits of each such city and town. Section 8. The franchise herein granted shall never be carried on the books of the Non-profit Corporation at a value in excess of One ($1.00) Dollar nor shall any value be attached thereto in excess of said sum for any purpose. Section 9. This ordinance shall become effective upon its acceptance by the Tarrant County Water Supply Corporation. ·' - e . e PASSED AND APPROVED this 26th day of October} 1959} /s/ Paul Kutilek Mayor Pro-Tern ATTEST: /s/ Mickey Osborne City Secretary. (SEAL) NOW COMES the Tarrant County Water Supply Corporatj.on} a non-profit 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. TARRANT COUNTY WATER SUPPLY CORPORATION By Is/ James T. Norman President ATTEST: /s/ J. M. Gree~ough Secretar;y. STATE OF TEXAS COUNTY OF TARRl\NT BEFORE ME} a Notary Public In and For Tarrant COQntYí Texas, on this day personally appeared James T. ~brman} known to me to be the person whose L3~( is subscribed to the foregoing instrument, a~d acknowledged to me that he execute( the same for tr.e purposes and c:::>:',s:;'der~tion t.hrein expressed, and as the act and deed of the Tarrant County Water Supply Corporation} in the capacity therein set forth, GIVEN UNDER MY HAND AND SEAL OF OFFICE this , A.D. 1960. 26 DAY OF ~~bru9ry /s/ Virginia Foward Notary Public In and For Tarrant County} Texas (SEAL) J .. - e ~ e ~ATE OF TEXAS COUNTY OF TARRMir I, the underetgned, City Secretary 'Jf the City of North Richland Hills, Texas, do hereby certify tha~ the above apd foregoing is a true, full and correct copy of an ordinance adopted by the City Counc~l of the City of North Richland Hills, T~xas) o!! the 26th day of October, 195); granting to Tarrant County Water Supply Corporation a franchise for a period of thirty-fiva years for the opera- tion of a waterworks and sewer system in the City of North Richland Hills. I further certify that said ordinance was not signed by the Mayor, Bill Perry, but that the same 1....8.8 returned to the City Council with hts objec- tions thereto; that the City Council, at a re[5ular meeting thereof held on the 28th day of October, 1959, took said ordinance together with the ~ayorjs objec- tions thereto up for reconsideration and after reconsidering the same together with the Mayor's objections thereto, re-adopted said ordinance, and the action of the City Council in re-adopting the said ordinance has been duly recorded in the minutes of said City Council. GIVEN AND EXECUTED UNDER MY HAND AND SEAL OF SAID CIT!, This 28th day of October, 1959. /s/ Mickey Osborne City Secretary, c:Ci:.y of North Richland Hills, Texas .,' ~ e ~ e .. . ' STATE OF TEXAS COtIDJ~y OF TARRANT I, the undersigned City Secretary of City of North Richland Hills, Texas, do hereby certify that the foregoing is a true, full, and correct copy of an ordinance ~assed by the City Council of the City of -, . ,'" ~/ North Richland Hills, Texas on the ..a:2th day of October , 1959, granting to Tarrant County Water Supply Corporation, a non-profit corpora- tion, water and sewer franchise, said ordinance being duly of record in the minutes of said City Council. Executed under my hand and seal of said City, this the :3 day of L·7 ;ý-) ,/..v!:'c /(. , 1960. ) , - d({ae;r~¿~jit¡!/~fr~I1'Rièk.nd Hills, Texa s (SEAL)