HomeMy Public PortalAboutOrdinance No. 1168-10 04-27-2010 1168-10
CITY OF RICHLAND HILLS ORDINANCE NO.
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 ONE-HALF OF THE COSTS OF ABATEMENT
OF THE METROPLEX BAPTIST CHURCH, A SUBSTANDARD
STRUCTURE LOCATED AT 7060 BOULEVARD 26; 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 of the 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; and
WHEREAS, the City Council had previously recognized and authorized at least one
additional one-time use for such proceeds; and
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 abate a substandard structure
located at 7060 Boulevard 26, specifically, the Metroplex Baptist Church building; and
WHEREAS, the City Council therefore now wishes to designate such use as aone-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;
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
i 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 remain dedicated to the purposes of street, water, sanitary
sewer, drainage and public building improvements, repairs and modifications, provided, however,
that one-half (%x) of the costs of abatement of the substandard structure located at 7060 Boulevard
26, specifically, the Metroplex Baptist Church building is hereby recognized as an additional
acceptable one-time use for the proceeds from said gas lease, in addition to any other one-time uses
previously authorized by the City Council.
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
i 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
~I 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.
ORDINANCE CREATING ONE-TIME ADDTTIONAL USE FOR GAS LEASE PROCEEDS Page 2
W:\Richland Hills\Ordinance\Gas lease proceeds use authorization for abatement of Metroplex Baptist Church.tgs.4.30.10.final.wpd
i
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.
PASSED AND APPROVED ON THIS ~ DAY OF 2010.
ONORABLE DAVID L. GAN, MAYOR
ATTEST:
. ~ ,,,.~~~'~~~~~~~N~ yid'%,,,
~ !J,
INDA CANTU, TRMC, CITY SECRETARY ' ~
R+ _
• ~ x.
a=
EFFECTIVE: d~ ~ I ~ y~
~nnnn~
AP OVE TO FORM EGALITY:
TIM G. SRALLA, CITY A ORNEY
ORDINANCE CREATING ONE-TII1~E ADDIITONAL USE FOR GAS LEASE PROCEEDS Page 3
W:\Richland Hills\Ordinance\Gas lease proceeds use authorization for abatement of Metroplex Baptist Church.tgs.4.30.10.final.wpd