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:
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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
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PASSED AND APPROVED ON THIS 11 DAY OF August , 2009.
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T HONORABLE DAVID L. GAN, MAYOR
ATTEST:
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INDA CANTU, TRMC, CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY: ' ~
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TIM G RALLA, C Y TORNEY
ORDINANCE DEDICATING GAS LEASE PROCEEDS TO STREET, DRAINAGE AND SEWER IMPROVEMENTS Page 3
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