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HomeMy Public PortalAboutOrdinance No. 1018-05 06-14-2005 • ORDINANCE NO. 1018-OS AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS DEDICATING ALL PROCEEDS FROM THE CITY'S GAS LEASE FOR THE PURPOSE OF STREET, DRAINAGE AND SEWER IMPROVEMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City is scheduled to receive a bonus payment of approximately $353,000 from Four Sevens Oil Company in Fiscal Year 2004-05, and an undetermined amount of royalty payments in the succeeding years based upon a gas lease agreement leasing certain properties owned by the City for gas production; and WHEREAS, the City Council has determined that the City's streets and drainage and sewer facilities are in need of substantial improvements, and that the funding available to make such improvements is inadequate, and is expected to continue in the future; and • WHEREAS, the City Council has determined that streets and drainage and sewer facilities are essential services which the citizens of the City expect the City to provide and maintain; and WHEREAS, the City Council wishes to designate that the proceeds from said gas lease, including the bonus payment and any royalty payments are to be used for the purpose of street, water, sewer and drainage improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. The bonus payment of approximately $353,000 expected from Four Sevens Oil Company in Fiscal Year 2004-OS based upon a gas lease agreement between the City and Four Sevens Oil Company leasing certain properties owned by the City to Four Sevens Oil Company for gas drilling and production purposes, and any royalty payments paid under said lease agreement in the succeeding years, are hereby dedicated to the purpose of street, water, sewer and drainage improvements. SECTION 2. • PROVISIONS CUMULATIVE • This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required bylaw. • SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS ~ DAY OF ~ , 2005. ~ T E HONORABLE NELDA STRODER, MAYOR ~ ~ ° " 3. • a Re°• ~ i . Y = ATTEST: ° I SUTTE TRMC, CITY SECRETARY e'f~~~~c~~~'~ ~ • ORDINANCE DEDICATING GAS LEASE PROCEEDS TO STREET, DRAINAGE AND SEWER IMPROVEMENTS Page 2 C:\DOCUMENTS AND SETTINGS\KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\DED[CAT[ON OF GAS LEASE PROCEEDS TO STREET DRAINANGE AND SEWER IMPROVEMENTS.WPD EFFECTIVE: / 'S~ 2GC~ • APPROVED T FOR ND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE DEDICATING GAS LEASE PROCEEDS TO STREET, DRAINAGE AND SEWER IMPROVEMENTS Page 3 C:AD000MENTS AND SETTINGS~KSUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKSA\DEDICAT[ON OF CAS LEASE PROCEEDS TO STREET DRAINANGE AND SEWER IMPROVEMENTS.WPD