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Home My WebLink AboutOrd 287 Voiding Ordinances 272 thru 282 and 285 thru 286 and Resolutions 97-05 thru 97-27 and 97-29 thru 97-30.ORDINANCE 287 AN ORDINANCE REPEALING AND DECLARING NULL AND VOID AND IN THE ALTERNATIVE RATIFY THE DISAPPROVAL OF CERTAIN ORDINANCES AND RESOLUTIONS PURPORTEDLY ADOPTED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE CONCERNING DISANNEXATION OF CERTAIN TRACTS OF LAND, RELEASE OF EXTRATERRITORIAL JURISDICTION AND AGREEMENTS FOR TRANSFER OF TERRITORY TO THE EXTRATERRITORIAL JURISDICTION OF OTHER MUNICIPALITIES; INCLUDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 51.001 of the Texas Local Government Code provides that a governing body may adopt ordinances and resolutions that "is for the good government, peace, and order of the municipality" and that the actions of Huntress, Dudley, Oien, Moore and White were not for the good government, peace, and order of the Town of Westlake; and WHEREAS, Section 51.012 of the Texas Local Government Code states that a municipality may adopt an ordinance or resolution that is necessary "for the government, interest, welfare, or good order of the municipality as a body politic" and that the ordinances and resolutions purportedly adopted by Aldermen Huntress, Dudley, Oien, and Moore and signed by White were not adopted for the government, interest, welfare, or good order of the municipality as a body politic: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the following ordinances and resolutions are hereby repealed and are declared illegal and null and void because they were not adopted for the good government, peace, interest, welfare, or good order of the Town of Westlake as a body politic, and further and in the alternative, that the previous actions of the Board of Aldermen disapproving the following ordinances and resolutions are hereby ratified. a) Ordinance No. 272 "Ordinance and Order Disannexing Land," which ordinance disannexed a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. b) Resolution No. 97-5 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. c) Resolution No. 97-6 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Ordinance 287 Page 2 Forth Worth) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. d) Resolution No. 97-7 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) a portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. e) Ordinance No. 273 "Ordinance and Order Disannexing Land," which ordinance disannexed a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. 0 Resolution No. 97-8 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. g) Resolution No. 97-9 "Joint Resolution and Agreement - release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the town (into the extraterritorial jurisdiction of the City of Roanoke) a second portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. h) Ordinance No. 274 "Ordinance and Order disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Charles and Linda Slocum. i) Resolution No. 97-10 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Charles and Linda Slocum. D Resolution No. 97-11 "Joint resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 22 acres of land owned by Charles and Linda Slocum. k) Ordinance No. 275 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by Wayne Hoover. 1) Resolution No. 97-12 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by Wayne Hoover. Ordinance 287 Page 3 m) Resolution No. 97-13 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 19 acres of land owned by Wayne Hoover. n) Ordinance No. 276 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. o) Resolution No. 97-14 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell. p) Resolution No. 97-15 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 26 acres of land owned by Robert and Linda Gunnels and Melvin and Linda Farrell q) Ordinance No. 277 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 19 acres of land owned by HCA Columbia Hospital Corporation. r) Resolution No. 97-16 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 19 acres of land owned by HCA Columbia Hospital Corporation. s) Resolution No. 97-17 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Roanoke) approximately 19 acres of land owned by HCA Columbia Hospital Corporation. t) Ordinance No. 278 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. u) Resolution No. 97-18 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. v) Resolution No. 97-19 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the Ordinance 287 Page 4 extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 20 acres of land owned by Owen Carpenter and Jerry and Judy Moore. w) Ordinance No. 279 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 115 acres of land owned by Howard and Sherry Dudley. x) Resolution No. 97-20 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 115 acres of land owned by Howard and Sherry Dudley. y) Resolution No. 97-21 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 115 acres of land owned by Howard and Sherry Dudley. z) Ordinance No. 280 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 40 acres of land owned by Alvin and Carol Oien. aa) Resolution No. 97-22 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 40 acres of land owned by Alvin and Carol Oien. bb) Resolution No. 97-23 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 40 acres of land owned by Alvin and Carol Oien. cc) Ordinance No. 281 "Ordinance and Order Disannexing Land," which ordinance disannexed a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. dd) Resolution No. 97-24 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. ee) Resolution No. 97-25 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) a third portion of the approximately 2,660 acre tract commonly known as the Circle T Ranch. Ordinance 287 Page 5 ff) Ordinance No. 282 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 22 acres of land owned by Dale and Wanda White. gg) Resolution No. 97-26 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 22 acres of land owned by Dale and Wanda White. hh) Resolution No. 97-27 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Fort Worth) approximately 22 acres of land owned by Dale and Wanda White. ii) Ordinance No. 285 "Ordinance and Order Disannexing Land," which ordinance disannexed approximately 480 acres of land commonly known as Solana. jj) Resolution No. 97-29 "Resolution Unconditionally Releasing Extraterritorial Jurisdiction," which resolution released from the extraterritorial jurisdiction of the Town approximately 480 acres of land commonly known as Solana. kk) Resolution No. 97-30 "Joint Resolution and Agreement - Release and Acceptance of Extraterritorial Jurisdiction," which resolution and agreement released from the extraterritorial jurisdiction of the Town (into the extraterritorial jurisdiction of the City of Southlake) approximately 480 acres of land commonly known as Solana. 11) Ordinance No. 286 "Ordinance to Ratify and Reconsider Certain Ordinances and Resolutions," which ordinance attempted to ratify and reconsider Ordinance No.'s 272 thru 283 and Resolution No.'s 97-5 thru 97-28. SECTION 2: If any phrase, clause, sentence, paragraph or section of this ordinance shall be deemed void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the Board would have enacted the same without any void, ineffective, or unconstitutional phrase, clause, sentence, paragraph of section. SECTION 3: That this ordinance shall become effective from and after the date of passage. PASSED AND APPROVED THIS 12TH DAY OF MAY, 1997. Ordinance 287 Page 6 Scott Bradley, Mayor ATTEST: A.- 0 � �CL4,-efA -- Inger sswy, Town Secr t ry APPROVED AS TO LEGAL FORM: i Paul C. Is T ttorney