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Home My Public Portal AboutOrdinance No. 956-03 04-08-2003 ORDINANCE NO. 956-03 F ICHLAND HILLS TEXAS AN ORDINANCE OF THE CITY O R , AMENDING CHAPTER 90 OF THE CITY CODE, THE COMPREHENSIVE ZONING ORDINANCE, SPECIFICALLY, AMENDING SECTION 90-85 TO ALLOW THE CITY COUNCIL TO CONSTRUE THE FAILURE OF THE PLANNING AND ZONING COMMISSION TO ACT ON AN APPLICATION BY A PROPERTY OWNER OR A REQUEST FOR ZONING AMENDMENT BY COUNCIL AS A NEGATIVE RECOMMENDATION FINAL REPORT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 211 of the Texas Local Government Code provides a home rule city may exercise the powers of zoning to promote the public health, safety, morals, and general welfare, and protect and preserve areas of historical, cultural, or architectural importance and significance; . and WHEREAS, Section 211.007 of the Texas Local Government Code provides that to exercise the powers of zoning as authorized in Chapter 211, the City Council shall appoint a zoning commission, and further provides that the City Council may not hold a public hearing on a proposed zoning regulation until it receives the final report of the zoning commission, and WHEREAS, the City has previously enacted a comprehensive zoning ordinance which is codified as Chapter 90 of the Richland Hills City Code in order to regulate zoning as authorized by Chapter 211 of the Texas Local Government Code, and has created and appointed the Richland Hills Planning and Zoning Commission to comply with Section 211.007; and WHEREAS, Section 90-85 of the City Code provides that if the Planning and Zoning Commission determines that it is unable to act on a final report, it shall be deemed to have recommended negatively on a proposed zoning regulation under consideration, but Chapter 90 fails to address the effect if the Planning and Zoning Commission failes to act on a final report, and also fails to make a determination that it is unable to act on a final report; but doesn`t address the situation when the Planning and Zoning Commission neither acts nor determines that it is unable to act; and WHEREAS, the City Council wishes to resolve this existing ambiguity; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT TO SECTION 90-85 The last sentence of Section 90-85 of Article III of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following language: If, on any application of a property owner for an amendment to a zoning regulation, zoning boundary change, or any other matter governed by Chapter 211 of the Texas Local Government Code, as amended, affecting the property owner`s property, and on any proposal for an amendment to a zoning regulation, zoning boundary change, or any other matter governed by Chapter 211 of the Texas Local Government Code, as amended, initiated by the City Council, if the City Council requests that the Planning and Zoning Commission issue a final report by a date certain not less than 45 days from the date of such request, and the Planning and Zoning Commission fails to do so by such time, the Planning and Zoning Commission shall be deemed to have recommended negatively on such proposal. SECTION 2. • PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PUBLICATION • ORDINANCE AMENDING SECTION 90-85 REGARDING A FAILURE OF THE P7Z TO ACT Page 2 C:\DOCUMENTS AND SETTINGS\KIM SLITTER\LOCAL SETTINGS\'TEMPORARY INTERNET FILES\OLKlOE\AMENDMENT OF SECTION 90-85 TO ALLOW THE CITY COUNCIL TO CONSTRUE THE PZ'S FAILURE TO ACT (FINAL VERSION) . WPD The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance twice in the official city newspaper as authorized by Section 52.013 of the Local Government Code. SECTION 5. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 6. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS ~ DAY OF \ , 2003. ~ ~ e ~ r ~ ~ ~'iP' pry :G: , ^A ~ . :.I~ ~ ~ T E HONORABLE NELDA STRODER, MAYOR .tom r, ATTEST: ~ I~~ R, • ` ~ ~ i : i 8 i i \ \ ,CITY SECRETARY Siltter- EFFECTIVE: March 1, 2005 • ORDINANCE AMENDING SECTION 90-85 REGARDING A FAILURE OF THE P7Z TO ACT Page 3 C:\DOCUMENTS AND SETTINGS\KIM SLITTER\LOCAL SETTINGS\TEMPORARY INTERNET FQ,ES\OLKI OE\AMENDMENT OFSECTION 90-85 TO ALLOW THE CITY COUNCIL TO CONSTRUE THE PZ'S FAILURE TO ACT (FINAL VERSION) .WPD • APP OVED TO ORM AND LEGALITY: TIM G. ~ZALLA, CITY A TORNEY ORDINANCE AMENDING SECTION 90-85 REGARDING A FAILURE OF THE P7Z TO ACT Page 4 C:\DOCUMENTS AND SETTINGS\KIM BUTTER\LOCALSETTINGS\TEMPORARY QVTERNET FILES\OLKIOEWMENDMENTOF SECTION 90-85 TO ALLOW THE CITY COUNCIL TO CONSTRUE THE PZ'S FAILURE TO ACT (FINAL VERSION) .WPD INVOICE ~rz~;~w Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252530531 FORT WORTH, TX 76102 (817) s9o-776t Invoice Date: 3/1/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25253053 RICHLAND HILLS, TX 761 18-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn BARBARA . WRiCHT Publication Date: 3/1/05 Descri'~t'1>~pl~ Location Col Depth Linage MU Rate Amount CITY OF RICHLAND HILLS The fol I3580 1 80 80 LINE $0.53 $42.40 CITY OF R~HLAND MiiL The fd1!dwing ordi- nance Was - .gop;ad Net Amount: $42.40 by thg Richland r.L Ctty Council on April 8, 2003 (caption and pena clause only): ORD NANCE NO. 956-03 AN ORDINANCE OF THE CITY OF TEXAS NAMENDING~ .CHAPTER- 90 OF THE CITY CODE, THE COMPREHEN- SIVE ZONING OR- CALLYCEAMENDING SECTIbN 90-85 TO ALLOW THE CITY COUNCIL TO CON- STRUE THE FAILI- PLANNINFG AND fy'•. ZONING COMMIS- CHRISTY L. HOLLAND SIGN TO ACT ON A MV COMMI®81AN EXPIAEB PROPOSAL AS A 1 q~ NEGATIVE RECOM- MENDATION FINAL "7 REPORT; PROVID- ING THAT THIS THE STATE gE CUMULATIVE OF County of T pROVIDRING ANSEV- ERABILITY CLAUSE; PROVIDING A.PEN- Before me, < ALTY FOR vioLA- ~r said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator T1ON; PROVIDING for the Star- FoR PUBLICATION [he Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the atta LAWRANDI PROVIDY rtisement was published in the above n ed paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390 DATE N EFFECTIVE OR CORPONr~ATION WHO VIOLATES, DISOBEYS OMITS, Signed NEGLECTSt OR RE- FUSES TO COMPLY SUBSCRIBEI sisTS° THE ° EN- :FORE ME, THIS Thursday, March 0 . FORCEMENT OF ~ ANY OF THE PRO- ~ ORDINANCEFSHALL Notary Public ~ ~ ' lC- BE FINED NO MORE THAN T (W(O THOU- EACH DAY2Yi0iAT P, VIOLATION IS PER- MITTED TO EXIST Thank Yc AH SEPARATET OF .Yment FENSE. - APPROVED: ATTEST: - - - - ° - - - - - - - - - /S/ /S/ NELDA S. SYRODER, MAYOR KIM SUT- TAR~ CITY SECRE- A complete copy of this ordinance is available Remit To for review in the cuy Customer ID: CIU08 CetyrHa11~3200 D ana ~ ~ DNve, Richland Hills, ~ 1 Customer Name: CITY OF RICHLAND HILLS Texas. . FORT WORTH, TX 76101-2051 Invoice Number: 252530531 Invoice Amount: $42.40 PO Number: ~ 1 Amount Enclosed: