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HomeMy Public PortalAboutOrdinance No. 1149-09 08-11-2009 ORDINANCE NO. 1149-09 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE EXISTING ORDINANCE DEDICATING PROCEEDS FROM THE CITY'S GAS LEASE FOR THE PURPOSE OF STREET, DRAINAGE, AND SEWER IMPROVEMENTS TO PERMIT AONE-TIME USE OF SUCH FUNDS FOR REPAIRS, MODIFICATIONS, AND IMPROVEMENTS TO CITY BUILDING AND STRUCTURES; 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 has received bonus payments and other payments from a gas lease agreement leasing certain properties owned by the City for gas production; and WHEREAS, the City Council had previously determined that streets and drainage and sewer facilities are essential services which the citizens ofthe City expect the City to provide and maintain, and 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 to be inadequate in the future; and WHEREAS, the City Council had therefore designated the proceeds from said gas lease, including the bonus payment and any royalty payments to be used for the purpose of street, water, sewer and drainage improvements; WHEREAS, the City Council has now determined that, although the goals and policies of the previous ordinance remain valid, the City also currently needs to make improvements, repairs and other modifications to public buildings, and the expenditure of should be added to the list of acceptable uses for the proceeds from said gas lease, including bonus payments and any royalty payments, up to a maximum of $75,000.00; and WHEREAS, the City Council therefore now wishes to designate such use as a one-time permitted additional use for the proceeds from said gas lease, including bonus payments and royalty payments; in addition to street, water, sewer and drainage improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: ti SECTION 1. ONE TIME USE OF GAS REVENUES Bonus payments, any royalty payments, and other income paid to the City paid under the gas and mineral leases entered into by the City are hereby dedicated to the purposes of street, water, sanitary sewer, drainage and public building improvements, repairs and modifications, provided, however, that improvements, repairs and other modifications to public buildings is an additional acceptable one-time use for the proceeds from said gas lease, including bonus payments and any royalty payments, up to a maximum of $75,000.00. 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 in direct 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 by law. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. ORDINANCE DEDICATING GAS LEASE PROCEEDS TO STREET, DRAINAGE AND SEWER IMPROVEMENTS Page 2 W:\Richland Hills\Ordinance\Dedication of gas lease proceeds to street, drainange, sewer and public building improvements.tgs.8.7.09.wpd PASSED AND APPROVED ON THIS 11 DAY OF August , 2009. 1 T HONORABLE DAVID L. GAN, MAYOR ATTEST: ~~.~e-~ INDA CANTU, TRMC, CITY SECRETARY \\\~~~~t~~UUni~rp~~~~/// ~ r~ ~ EFFECTIVE: x.00°1 ~o~ ~ a. .F- ~ ~ x= APPROVED AS TO FORM AND LEGALITY: ' ~ ~''~~nnunlm~t~ TIM G RALLA, C Y TORNEY ORDINANCE DEDICATING GAS LEASE PROCEEDS TO STREET, DRAINAGE AND SEWER IMPROVEMENTS Page 3 W:\Richland Hills\Ordinance\Dedication of gas lease proceeds to street, drainange, sewer and public building improvements.tgs.8.7.09.wpd