HomeMy WebLinkAboutRES 960611-G - Injunction Heartland HomesRESOLUTION N % ,�' .
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WHEREAS, the City has instituted proceedings against Heartland Mobile Homes,
Inc., and Jackson Thomas d\b\a Heartland Homes of Georgetown, Texas ("Heartland"),
in Cause No. 96-188-C277 in the District Court of Williamson County, Texas;
WHEREAS, the City has secured a temporary injunction regarding the occupancy
of the premises and the operation of the mobile home sales business in violation of various
City ordinances by Heartland at 4801 S. 1H35, Georgetown, Williamson County, Texas;
WHEREAS, the City Council of the City of Georgetown, Texas, upon consideration
of the matter, has determined that violations of Section 26.121 of the Texas Water Code
have occurred related to the development of the Heartland, specifically allowing illegal
discharges into the waters of the State of Texas;
WHEREAS, Section 26.124(x) of the Texas Water Code allows the City to institute
proceedings for injunctive relief and/or civil penalties for violations of the provisions of the
Texas Water Code;
WHEREAS, the City Council has further determined that it is in public interest for
the City to pursue injunctive relief and civil penalties against Heartland, and
WHEREAS, the City Council has found that this action implements Environmental
and Resource Conservation Policy 1 of the Century Plan -- Policy Plan Element, which
states: "The City will take the steps necessary to protect the physical attributes that make
Georgetown attractive;" and this action is not found to be inconsistent or in conflict with
any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter
of the Policy Plan;
Heartland Homes/TNRCC Enforcement Resolution No.
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SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim.
SECTION 2. The City Council hereby authorizes the City Attorney to institute
proceedings for injunctive relief and civil penalties on behalf of the City against Heartland
Mobile Homes, Inc., and Jackson Thomas d\b\a Heartland Homes of Georgetown, Texas,
by amending the pending injunctive action in Cause No. 96-188-C277. The City Attorney
is further authorized to declare the Texas Natural Resource Conservation Commission a
necessary and indispensable party.
SECTION 3. This resolution shall be effective immediately upon adoption.
RESOLVED this 11th day of June, 1996.
ATTEST: THE CITY OF GEORGETOYVN:
Alz
Sandra D. Lee LEO WOOD
City Secretary Mayor
AP ROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Heartland Homes/ TNRCC Enforcement Resolution No.
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