HomeMy WebLinkAboutOrd 289 Voiding Ordinance 284ORDINANCE NO. 289
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 ADOPTION OF A NEW OFFICIAL MAP OF THE
TOWN OF WESTLAKE; REAFFIRMING THAT THE OFFICIAL MAP CONTAINED
IN ORDINANCE NO. 253 IS THE OFFICIAL MAP OF THE TOWN OF WESTLAKE;
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 with regard to a new official map 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 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;
WHEREAS, Carroll Huntress, Howard Dudley, Al Oien and Jerry Moore were not the
duly constituted Board of Aldermen at the time that they attempted to adopt Ordinance No.
284;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION L• (a) That the following ordinance is hereby repealed and is declared null and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 nor was it adopted at a time when Carroll
Huntress, Howard Dudley, Al Oien and Jerry Moore were duly constituted Aldermen of the
Town of Westlake; and further, and in the alternative, that the previous action of the newly
constituted Board of Aldermen disapproving the following ordinance is hereby ratified:
��q `iv
Ordinance No.19f4- adopting a new Official Map of the Town of Westlake reflecting
the effect of the above-mentioned disannexation ordinances and orders.
Ordinance 289
Page 2
(b) That the map attached to Ordinance No. 253 adopted by the Board of Aldermen is
hereby reaffirmed as the Official Map of the Town of Westlake, Texas reflecting the
incorporated area of the Town.
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.
SECTION 3: That this ordinance shall become effective from and after the date of its
passage.
PASSED AND APPROVED THIS 12' DAY OF MAY, 1997.
Scott Mayor
ATTEST:
Ginger Crosswy, Town Secretary
APPROVED AS TO FORM:
Paul C, Isham, Town Attorney