HomeMy WebLinkAboutOrdinance 2137
ORDINANCE NO. 2137
AN ORDINANCE RATIFYING
ORDINANCE NO. 1727; AND
DECLARING AN EFFECTIVE DATE
WHEREAS, Ordinance No. 1727 establishing a drainage system under Chapter
402 of the Local Government Code was passed on May 13, 1991; and
WHEREAS, the passage of said ordinance and all ordinances in the state
establishing drainage systems under said Chapter 402, which had been passed before
June 16, 1991, were validated by the State Legislature in June, 1991; and
WHEREAS, in order to have a record of such validation within the ordinance
records of this City, the Council finds that it is necessary and desirable to pass this
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, that:
1.
The passage of Ordinance No. 1727 on May 13, 1991, be, and is hereby in all
things ratified.
2.
The effective date of Ordinance No. 1727 is ratified and shall be deemed to be May
13,1991.
PASSED and APPROVED this 26th day of August, 1996.
APPROVED:
ATTEST:
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Patricia Hutson, City Secretary
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or the City
CITY OF NORTH RICHLAND HILLS
MEMO
TO:
Mayor and Council
FROM:
City Attorney
SUBJECT: Ordinance 1727 (Drainage System)
DATE:
August 12, 1996
On May 13, 1991 Ordinance 1727 was passed, establishing a Drainage System under the
Chapter 402 of the Local Government Code. This passed by a 4-3 vote and the approval
by the Mayor was withdrawn on June 11, 1991 because the Ordinance did not pass by a
three-fourths vote. The legislature passed a validation statute effective June 16, 1991
which validates the ordinance despite the failure to get a three-fourths vote.
Based upon the validation act, the city council passed the Drainage System Utility fee (Ord.
1741) in September, 1991. This passed by a vote of 7-0.
If a person knows all of the above about the validation statute, there is no confusion. But
since we have been collecting the drainage fee for nearly five years and since our re rds
(without resorting to a research of state law) indicate a problem, I suggest we cle p the
matter. This can be done by a ratification of Ordina e o. 1727.
Rex M(Entire, City Attorney
RM/ld