HomeMy WebLinkAboutOrdinance No. 490
e
e
. .
. .
CITY OF THE COLONY, TEXAS
ORDINANCE NO. -{C/O
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS CANVASS ING THE TOTAL NUMBER OF VOTES
RECEIVED IN EACH PRECINCT IN THE AUGUST 8,
1987 ELECTION CONCERNING THE CONSOLIDATION
OF THE CITY OF THE COLONY AND THE CITY OF
EASTVALE, TEXAS; PROVIDING FOR THE
CONTINUATION OF AND ADOPTING THE
COMPREHENSIVE ZONING EXISTING WITHIN THE
CITY OF EASTVALE, TEXAS AS THE SAME EXISTS
ON THE DATE OF CONSUMMATION OF THE
CONSOLIDATION OF THE CITY OF THE COLONY WITH
THE CITY OF EASTVALE; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the
sometimes referred
Eastvale, Texas
"Eastvale") are
incorporated under
City of the Colony, Texas (hereinafter
to as "The Colony") and the City of
(hereinafter sometimes referred to as
adjoining and contiguous cities duly
the laws of the State of Texas; and
WHEREAS, Chapter 15 of Title 28, Texas Revised Civil
Statutes Annotated (Vernon), as amended, provides for the
consolidation under one government of adjoining and contiguous
cities incorporated under the laws of the State of Texas; and
WHEREAS, pursuant to such author i ty,
Eastvale, having met all statutory requirements
same, conducted an election on April 4, 1987
consolidation of Eastvale and The Colony; and
WHEREAS, the returns of the said Eastvale election were
canvassed on April 7, 1987, where it was finally determined
that there were cast 75 votes for the consolidation and 71
votes against the consolidation, a majority of the votes having
therefore been cast in favor of consolidation; and
the City of
in calling the
concerning the
WHEREAS, following the Eastvale consolidation election
and according to and within the periods of time provided by
law, the City of the Colony called and conducted an election to
consider consolidation of The Colony with the City of Eastvale
on August 8, 1987; and
WHEREAS, article 976a provides that, where there exists
comprehensive zoning within a smaller city, prior to
incorporation into a larger city, an ordinance must be passed
and approved adopting the comprehensive zoning as existed prior
to the date of incorporation of the smaller city into the
larger city; and
WHEREAS, the City of Eastvale currently has in force and
effect such comprehensive zoning; and
WHEREAS, the consolidation of The Colony and Eastvale is
not consummated according to law until: (1) the Mayor of each
such City certifies to the Secretary of State an authenticated
copy under the seal of such City of the returns of each
election showing the approval of the qualified voters of the
consol idation of the two Cities; (2) the Secretary of State
files and records such certified authenticated copies in a
separate book kept in the Secretary of State's office for such
purpose; and (3) the returns of the election in each City are
recorded at length in the record books of the respective City;
and
o 0 'l 3 j
e
e
.
WHEREAS, the City Council of the City of The Colony
hereby declares that it does adopt the comprehensive zoning of
the City of Eastvale, Texas as the same exists on the date of
consummation of the consolidation of The Colony and Eastvale;
and
WHEREAS, the City Council hereby finds that the adoption
of this ordinance is in the best interests and welfare of the
citizens of the City and the citizens of the City of Eastvale.
NOW, THEREFORE, be it adopted by the City Council of the
City of The Colony, Texas:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sect ion 2. That the City Counc i 1 of the City of The
Colony, Texas hereby adopts in its entirety the Comprehens i ve
Plan, Comprehensive Zoning Ordinance and Zoning Map of the City
of Eastvale, Texas and all other ordinances, resolutions, rules
or regulations of the City of Eastvale relating to zoning, and
such ordinances, resolutions, plans, rules or regulations shall
survive the date of consummation of the consolidation of the
Ci ty of The Colony and the City of Eastvale and be in full
force and effect wi thin the City of The Colony from and after
such date.
Section 3. That the Mayor of the City of The Colony,
having met with the City Council of the City of The Colony,
sitting as the canvassing board to canvass the election to
consider the consolidation between the City of The Colony and
the City of Eastvale, held on August 8, 1987, within the City
of The Colony, Texas, does hereby certify that the figures on
the tally sheets correspond with the figures on the precinct
returns, a summary of the said precinct returns being attached
hereto as Exhibit "A".
Section 4. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of thi s ordinance; and the City Counc i I hereby dec I ares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 5. The fact that the present ordinances and
regulations of the City of The Colony, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and
general welfare of the inhabitants of the City of The Colony,
Texas, creates an emergency for the immediate preservation of
the public business, property, health, safety and general
welfare of the public which requires that this Ordinance shall
become effective from and after the date of its passage, and it
is accordingly so ordained.
PASSED AND APPROVED by the City Counc i I of the City of
The Colony, Texas, this the It)~day of /JUc;V:ST ,1987.
OvY' ~~/
Mayor, City 0 Colony,
Texas
0093j
-2-
e
. .
ATTEST:
. ~ .
fJa:60 ~
City Secretary,
City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
<==-) ~Q
City Attorney,
City of The Colony, Texas
00'3 3 j
e
.
-3-
e
e
..
Prescrlberl by Secretary of State
Sectiun 67.004(b)(2), V.T.C.A., Election Code
1/86
SUMMARY OF PRECINCT RETURNS
I, the undp.rsi~nf'd, the presiding officer of the canvassing authority for Co N "So <:) LIt) AT \ 0 N
Election, held 011 the ~ '.t{ day of AU(TU ";':::,1, 19:il, bE NID N County, Texas, do
herehy certify that the following is a total of all votes received by each candidate and votes re-
ceived "for" anc! "np;ainst" each measure as shown by the precinct returns.
-imn>, ,. r Off ic ~ f
-NtimQ-QL-Can~icl8tc
~D "I ~OL \ bf\ T \ Dt--.(
f-- OR. A G- f\ I \~'%T
Total Votes Received
-.)F Propol'l.ti9R
~l"",-Ec.IN~T #-
""
d'S
dl'i i-\-~ ~. (p ::L
j~5 c~ !:) / 9 0
.
Icr7 (;(.p ;) 53
';<d,O 107 ~g'7
/ '11' 57 ;:) ,~ &,
c9,q q 3ft
/d- 0 &,
c:lB
c2~
dD
dN
A E~E'N TE E
DATED. this
/olt, of ~. 191+
CL c:Z. q/
/ 471"
Pre~jdip.~ Officer
FXHI!j/T A 'I