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HomeMy WebLinkAboutOrd 283 Repealing Ordinance 149 granting a franchise to the Lake Turner MUDsORDINANCE REPEALING ORDINANCE NO. 149 ORDINANCE NO. 283 STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS: AN ORDINANCE REPEALING ORDINANCE NO. 149 PREVIOUSLY ADOPTED BY THE TOWN OF WESTLAKE, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, the Town of Westlake, Texas, is a Type A general -law municipality located in Tarrant and Denton Counties, Texas; and WHEREAS, on March 10, 1986, the Town of Westake adopted Ordinance No. 149 granting to Lake Turner Water Supply Corporation, a Texas non-profit corporation (the "Corporation"), a franchise to construct, maintain, use and operate certain water supply facilities located on certain land (the "Land") described in Ordinance No. 149; and WHEREAS, the Land is no longer located within the corporate limits of the Town of Westlake; and WHEREAS, the Town of Westlake has determined that municipal services will be available to fully serve the Land; WHEREAS, the Town of Westlake desires to repeal Ordinance No. 149 and to terminate the franchise granted to the Corporation and the related agreement with the Corporation reflected therein; and WHEREAS, notice of the proposed adoption of this ordinance was duly provided in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code; and WHEREAS, the Mayor and governing body of the Town of Westlake have determined that it is in the best interest of the Town of Westlake to repeal Ordinance No. 149. REPEAL OF ORDINANCE Page 1 07510.0019:0254311.01 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The Town of Westlake does hereby repeal Ordinance No. 149 and does hereby terminate any and all franchises granted therein to Lake Turner Water Supply Corporation to construct, maintain, use and operate on the Land any and all water supply facilities or other facilities for which non-profit water supply corporations may be incorporated; and the Town of Westlake does hereby terminate all agreements with the Corporation reflected in Ordinance No. 149 and does hereby release any interest the Town of Westlake have have in title to any and all such facilities. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the Board of Aldermen 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 unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unenforceability 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 Board of Aldermen without the incorporation in this ordinance of any such unenforceable phrase, clause, sentence, paragraph or section. SECTION 4. The Town Secretary of the Town of Westlake is hereby directed to immediately file this ordinance in the records of the Town of Westlake when it is duly executed by the Mayor or Mayor Pro -Tem. In the event the Town Secretary should fail or refuse to perform the duties required by this ordinance, the Board of Aldermen authorize either the Mayor or Mayor Pro -Tem to perform such duties. REPEAL OF ORDINANCE Page 2 07510.0019:0254311.01 SECTION 5. This ordinance shall be unconditionally and irrevocably effective and in full force and effect when it is passed and approved by the Board of Aldermen. This ORDINANCE REPEALING ORDINANCE NO. 149 is passed and approved this 2nd day of May, 1997, at 7 S IP M. ATTEST: kinger Crosswy, Recretary Date: May 2, 1997 APPROVED AS TO FORM AN EGALITY: Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: � MAYOR IAII Carroll Huntress, MAYOR PRO -TEM REPEAL OF ORDINANCE Page 3 07510.0019:0254311.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 1997, by t Mayor of the Town of Westlake Y'VUI- tv Notary Public in and for My Commission Expires: -%t I<`I THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas ................. ... ..,_, � r r \ This instrument was acknowledged before me on the 2nd day of May, 1997, by ,Mayor Pro -Tem of the Town of Westlake. Notary Public in and for My Commission Expires: C ' the State of Texas REPEAL OF ORDINANCE Page 4 07510.0019:0254311.01