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
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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
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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:
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MAYOR
IAII
Carroll Huntress, MAYOR PRO -TEM
REPEAL OF ORDINANCE
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THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
This instrument was acknowledged before me on the 2nd day of May, 1997, by
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Mayor of the Town of Westlake
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Notary Public in and for
My Commission Expires:
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THE STATE OF TEXAS
COUNTIES OF TARRANT
AND DENTON
the State of Texas
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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:
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the State of Texas
REPEAL OF ORDINANCE
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