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Home My Public Portal AboutOrdinance No. 0981-04 03-23-2004 s, • ORDINANCE N0.981-04 AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE OF THE CITY OF RICHLAND HILLS, AS AMENDED, BY ADDING REGULATIONS APPLICABLE TO ELECTRONIC MESSAGE CENTERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a Home Rule Municipality located in Tarrant County, created and operating pursuant to and in accordance with Article XI, Section 5 of the Texas Constitution, the Local Government Code and prior statutes, and other enabling legislation of the State of Texas; and WHEREAS, the City Council of the City of Richland Hills deems it necessary to adopt this ordinance amending the sign regulations of the City to allow electronic message centers and to establish standards and regulations regarding such signs ;and WHEREAS, Section 216.901 of Chapter 216 of the Local Government Code and the inherent powers ofself-government granted in the Texas Constitution authorize a municipality to • regulate the number, size, placement, and time permitted for such signs; and WHEREAS, it is the intention of the City Council of the City of Richland Hills to establish standards for the number, size and placement of electronic message centers; and WHEREAS, the City Council of the City of Richland Hills has previously adopted Chapter 62 of the Richland Hills City Code, which regulates signs generally; and WHEREAS, the City Council of the City of Richland Hills now desires to amend existing provisions and provide additional provisions relating to the above-referenced types of signs, thereby amending said Chapter 62 of the Richland Hills City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. "ELECTRONIC MESSAGE CENTER" DEFINED Section 62-1 of Article I of Chapter 62 of the Richland Hills City Code is hereby amended by adding the following: • Electronic Message Center means a sign comprised ofnon-permanent letters, numerals, or symbols that uses electronic data control components for the display of • text, messages, or advertising, provided, however, that the display may not flash, change color, scroll, or otherwise change for the purpose of attracting attention of passersby. SECTION 2. ALLOWANCE OF MONUMENT SIGN WHERE POLE SIGN ALLOWED Section 62-167 of Article III, Division 2 of Chapter 62 of the Richland Hills City Code is hereby amended by the addition of the following paragraph: Other provisions ofthis Chapter to the contrary notwithstanding, anybusiness or property owner that is entitled to erect a pole sign under this Chapter, or which maintains a pole sign as a legal, non-conforming use, shall be entitled to erect, in lieu of such pole sign, a monument sign, including an Electronic Message Center, of like size, subject to the restrictions on such signs are, height, setback, and location provided in this Chapter for monument signs. The remainder of Section 62-167 shall remain unchanged. SECTION 3. PROVISION FOR ELECTRONIC MESSAGE CENTERS Section 62-173 of Article III, Division 2 of Chapter 62 of the Richland Hills City Code is hereby added to read as follows: Sec. 62-173. Electronic Message Centers. a. Electronic Message Centers permitted. A monument sign permitted under Division 2 of Article III ofthis Chapter maybe constructed, in whole or in part, as an Electronic Message Center, only with approval of the City Council. Except as provided in this section, Electronic Message Centers shall not be permitted in the City. b. Limitations on Electronic Message Centers. Any Electronic Message Center must conform to all requirements of this Chapter, including but not limited to requirements for permits, procedures for variance, restrictions on area, height, setback, and location, and prohibitions against obsenity. Only one Electronic Message Center shall be allowed on each lot. • W:\Richland Hills\Ordinance\Sign Ordinance AmendmentEMC.wpd -Page 2 • SECTION 4. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances and such ordinances are hereby repealed. SECTION 5. SEVERABILITY CLAUSE It is hereby declared to be the intention of the 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 Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. PENALTY CLAUSE • 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 not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. SAVINGS CLAUSE All rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of any ordinance related to signs as they may have been amended or any other ordinance or code provision which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts. SECTION 8. PUBLICATION CLAUSE The City Secretary of the City of Richland Hills is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance of this ordinance as required by law in the official newspaper of the City of Richland Hills. • W_\Richland Hills\Ordinance\Sign Ordinance Amendment.EMC.wpd -Page 3 SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~ 3 DAY OF ~ ~ ~ , 2004. `frsteetE~~tj, ~i .~n. r.. _ ~ THE ONORABLE NELDA STRODER, MAYOR . ATTEST: v ~ , ~ ~ • ~ •j,~1~i 1 f iaa SUTTER, CITY SECRETARY EFFECTNE: t ~ a L) S • APPROVED AS O ORM AND LEGALITY: ~ j ~ ~i^ ~ I TIM G. SRALLA, CITY ATTORNEY • W:\Richland Hills\Ordinance\Sign Ordinance AmendmentEMC.wpd -Page 4 INVOICE Star-Telegram Customer ID: CIU08 40o w. 7th street Invoice Number: 253869181 FORT WORTH, "I'X 76102 (817> s9o-7761 Invoice Date: 4/5/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25386918 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland Hill Attn BARBARA . WRIGHT Publication Date: 4/5/05 Description Location Col Depth Linage N1U hate A~>fount City of Richland Hills - Ordin I3580 1 41 41 LINE $0.53 $21.73 CITY OF Richland. Hills - Ordinance 981-04 An Ordinance amend- . inq Chapter 82 of the Net Amount' Ci y Code of -the City $2)I.73 of Richland Hills, as amended, by adding regulations applicable to electronic mes- sa ing centers; pro- ving that this ordi- nance shall be cu- mulative of all ordinances' providing a severabi~ity clause; providing for a penalty for violation hereof; providing a ,savings clause; providing for publication; and pro- viding an effective -,_..r..~+'~- date. Any person, firm HOLLAND or corporation who 'v""~, violates, disobeys, 1~ ff'~''•,, CHRISTV omits, neglects or r~ MY AAMMISSIAN EXPIRES . refuses to comply with g*~ Uhl Si ~ ~8 or who resists the enforcement of any of ~1+~y'~ i e the provisions of this ordinance shall be 'fined no more than Five Hundred Dollars THE STATE OF TEXA'. o$fe~ se~~acl°day hai a violation is permitted County of Tarrant to exist snap consti- tute a separate of- fense. Passed and Before me, a Notary Put approved tnis 29rd tty and State, this day personally appeared Lisa Wesselman, Bld and Legal Coordinator day of March 2004. for the Star-Telegram, pu y u~c .,~a, ..legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the abov named paper on the is[ed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 1 , 2 0 ' Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIU08 P.O. Box 901051 Customer Name: CITY OF RICHLAND HILLS FORT WORTH, TX 76101-2051 Invoice Number: 253869181 • Invoice Amount: $21.73 PO Number: Amount Enclosed: $