HomeMy WebLinkAboutResolution 3175-03-2005A Resolution
NO 3175 03- ao~
A RESOLUTION TO AUTHORIZE FILING A LAWSUIT AGAINST NORTH
WESTERN EXCAVATION & DIRT LANDFILL L.L P , ET AL PURSUANT TO
CHAPTER 54 OF THE TEXAS LOCAL GOVERNMENT CODE
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances for the preservation of public safety relating to materials or
methods used to construct a building or other structure or improvement including the
foundation structural elements electrical wiring or apparatus plumbing fixtures
entrances or exits
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to the preservation of public health
WHEREAS, the City of Fort Worth (the City') through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances for zoning that provides for the use of land or classifies a parcel
of land according to the municipality s district classification scheme
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances establishing criteria for land subdivision or construction of
buildings including provisions relating to street width and design, lot size building width
or elevation setback requirements or utility service specifications or requirements
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances implementing civil penalties under this subchapter for conduct
classified by statute as a Class C misdemeanor
WHEREAS, the City of Fort Worth (the City") through its Crty Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to conditions caused by accumulation of refuse
vegetation or other matter that creates breeding and living places for insects and rodents
WHEREAS, North Western Excavation of Texas also known as North Western
Excavation & Dirt Landfill L L P are contractors for the work site located at 1016 Oak
Grove Road and Charles D Hodges and Jesse B Aguirre are general partners of North
Western Excavation & Dirt Landfill L L P and
WHEREAS, North Western Excavation of Texas also known as North Western
Excavation & Dirt Landfill L L P is managing and directing the accumulation of debris
discarded building material asphalt cut brush and trees litter and solid waste in
violation of the code of the City of Fort Worth
WHEREAS, Potter Contractors Incorporated also known as Potter Incorporated
Demolition and Excavation Container Services has illegally deposited discarded building
material at 1016 Oak Grove Road, and D K Potter is the President of said business and
WHEREAS, Texas Conference Association of Seventh Day Adventist is the owner
of property located at 1016 Oak Grove Road and is failing to maintain the property free
of litter to violation of the code of the City of Fort Worth
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT
i The City Attorney is authorized and directed to effect all necessary legal action to
enforce its ordinances pursuant to Chapter 54 of the Texas Local Government
Code and specifically to file suit against North Western Excavation of Texas also
known as North Western Excavation & Dirt Landfill L L P Charles D Hodges
Jesse B Aguirre Potter Contractors Incorporated also known as Potter
Incorporated Demolition and Excavation Container Services D K Potter Texas
Conference Association of Seventh Day Adventist, and any successor owner of
the property and/or any as of yet unknown responsible parties
2 The City is further authorized and directed to take all necessary legal action to
enforce the provisions of the City Code and is authorized to file suit and seek
injunctive and declaratory relief and civil penalties where authorized by state
statute and City Code
APPROVED
CITY COUNCIL
MAR - 8 2005
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City Secretary of the
City of Fort Worth, Texas
ADOPTED this ~ day of March, 2005