HomeMy WebLinkAboutOrd 288 Voiding Ordinance 283ORDINANCE NO. 288
AN ORDINANCE REPEALING AND DECLARING NULL AND VOID AND IN THE
ALTERNATIVE RATIFYING THE DISAPPROVAL OF A CERTAIN ORDINANCE
PURPORTEDLY ADOPTED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE CONCERNING THE REPEAL OF THE GRANT OF A FRANCHISE TO
THE LAKE TURNER WATER SUPPLY CORPORATION; 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 action of Huntress, Dudley, Oien, Moore and
White was not for the good government, peace, and order of the Town of Westlake when it
purportedly adopted an ordinance repealing the grant of a franchise of the Lake Turner Water
Supply Corporation; 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 good government,
interest, welfare, or good order of the municipality as a body politic" and that the ordinance
purportedly adopted by Aldermen Huntress, Dudley, Oien, and Moore and signed by White
was 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SECTION 1: That the following ordinance is hereby repealed and is declared null
and void because it was 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 action of the Board of Aldermen disapproving the following ordinance is hereby
ratified:
Ordinance No. 283 "Ordinance Repealing Ordinance No. 149" which ordinance
repealed the grant of a franchise to the Lake Turner Water Supply Corporation and
terminated such franchise.
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 or section.
Ordinance 288
Page 2
SECTION 3: That this ordinance shall become effective from and after the date of its
passage.
PASSED AND APPROVED THIS 12T" DAY OF MAY, 1997.
Scott Bradl , Mayor
ATTEST:
Ginger Crosswy, Town Secretary
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney