The URL can be used to link to this page

Home My Public Portal AboutOrdinance No. 0986-04 06-22-2004 ORDINANCE NO. 986-04 • AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING SECTION 90-4(b) AND THE LAND USE TABLE CONTAINED IN SECTION 90-201 OF THE RICHLAND HILLS CITY CODE TO DEFINE AND PERMIT OPERATION OF RETAIL TIRE STORES WITH A SPECIFIC USE PERMIT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; 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, 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 WHEREAS, the zoning ordinance currently does not define or permit operation of "Retail Tire Store" uses; and • WHEREAS, the Richland Hills Planning and Zoning Commission has recommended that a new definition be added to Chapter 90 defining "Retail tire store" uses, and has also recommended that such uses be permitted in the C-2 General Commercial zoning classification; and WHEREAS, the City Council has determined that such use is consistent with the City's Land Use Plan; and WHEREAS, the City Council has now determined, by more than athree-fourths vote,that such use is consistent with the City's Land Use Plan; and that such definition should be added and such use permitted, as recommended by the Planning and Zoning Commission, provided that all automobile or vehicular garage doors be placed so that they are not visible from any public street or roadway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. AMENDMENT OF SECTION 90-4 TO ADD DEFINITION OF RETAIL TIRE STORE Section 90-4(b) of Article I of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following definition: . Retail tire store means a commercial establishment offering for sale to the public tires, wheels, and wheel covers, and installation, rotation, and balancing of tires and the fixing of flats, but no other automobile or vehicle repairs. SECTION 2. AMENDMENT OF SECTION 90-202 TO ADD SPECIAL CONDITION Section 90-202 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the addition of the following paragraph: ~'~;~~5: No automotive or vehicular garage doors shall be visible from any public street or roadway. SECTION 3. AMENDMENT OF LAND USE TABLE TO PERMIT RETAIL TIRE STORE USES The Land Use Table contained in Section 90-201 of Article VII of Chapter 90 of the Richland Hills City Code is hereby amended by the insertion of a new row entitled "Retail Tire Store" under the "AUTOMOTIVE AND TRANSPORTATION USES" category, insertion of "P" in the C-2 General Commercial zoning district column of said new row, and insertion of "bb" in the Special Conditions column of said new row, so as to indicate that a "retail tire store" use shall be allowed only in the C-2 General Commercial zoning district, provided that it must meet special condition • "bb," which is that the automotive garage bay doors must not be visible from any public street or roadway. SECTION 4. 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 5. 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 ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 • TO PERMIT RETAIL TIRE STORES Page 2 C:\DOCUMENTS AND SETTINGS\KIM BUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKIOE\AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO PERMIT RETAIL TIRE STORES. WPD • such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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 7. PUBLICATION 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 to the extent required bylaw. SECTION S. 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 9. 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 and no cents ($2,000.00) for all violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. 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. ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 • TO PERMIT RETAIL TIRE STORES Page 3 C:\DOCUMENTS AND SETTINGS\KIM BUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKI OE\,AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO PERMIT RETAIL TIRE STORES.WPD • PASSED` ~VED ON THIS ZZ DAY OF June , 2004. ~ r ~ ~ ~ 11 r ~I~ f - T HONORABLE NELDA STRODER, MAYOR ~ 4~ ATTEST: " ~ ~ ~ //lllllil?4 1 CITY SECRETARY ~lNt SU T TAP EFFECTIVE DATE: .,,,3' 1 ' ~ Jr APPROVED AS O F M AND LEGALITY: TIM G. SRALLA, CITY ATTORN Y • ORDINANCE AMENDMENT OF SECTION 90-4 AND LAND USE TABLE 1N SECTION 90-201 • TO PERMIT RETAIL TIRE STORES Page 4 C:\DOCUMENTS AND SETTINGS\KIM BUTTER\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLKlOE\AMENDMENT OF SECTION 90-4 AND LAND USE TABLE IN SECTION 90-201 TO PERMIT RETAIL TIRE STORES.WPD INVOICE )>r~~'ie~} Star-Telegram Customer ID: CIU08 400 W. 7th Street Invoice Number: 252852571 FORT WORTH, TX 76102 (817> 390.7761 Invoice Date: 3/13/05 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: 25285257 RICHLAND HILLS, TX 76I I8-6237 Sales Rep: 073 Description: City of Richland Hill Atm JUSTIN . vAUGHN Publication Dates: 3/9/05 - 3/13/05 - Descri~` ;;;.Location Col Depth Linage I1'lU Ratc Amount City of Richland Hills- Ordina I3580 1 48 48 LINE $0.30 $28.44 CITY OF OrRd~lnalnce 986 d4 An Ordinance of the City of Richland Hills, Net Amount $2'8.44 Texas Amending Section 90-4(b) and the land use table contained in section 90-201 of the Rich- land Hills City Code to define and permit operation of retail tJJres t/ O / stores with a spebific /Z 3 ! ~ / ~ ~ 3 D use permit; providing / ~J Yhat this ordinance shall be cumulative of all ordinances; pro- viding a severability clause; roviding a penalty for violatioggn; clause~n providingnfor publication as re- quired, by law and providing an effective • date. Any person, Jirm ~ - or corporation Who ~A py~~,, viclates, aisobeys, 'yt,: CHRISTY L. HOLLAND omits, neglects or MY CaMM15S10~7 EXPIRES refuses to comply with or who resists the }s;~" . ~U ~1, 2tl08 enforcement of any of ,>!i~~i the provisions of this Ordinance shall ' be THE STATE OF Two( Thoumsand Dol County of Tarran aoiat~ n°s°of tn)is°o~~ dinance. Each day that a violation is Before me, a Not permitted to exist shall County and State, this day personally appeared Lisa Wesselman, Bid and Legal oordinator for the Star-Teleg offentse2ePas ®d a~td ar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say chat the attached Proved by the ent was published in the abpve named paper on theilisted dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM ~chland Hilrm Cip (817) 390-732( ooacil June 24, r Signed i SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, March 18 20 C~ ~v 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: 252852571 • Invoice Amount: $28.44 PO Number: Amount Enclosed: $ • ORDINANCE NO.985-04 AN ORDINANCE EXTENDING THE CABLE FRANCHISE TELEVISION ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Marcus Cable Associates, L.L.C. d/b/a Charter Communications ("Charter") currently holds a cable franchise with the City of Richland Hills, Texas ("City"), granted by Ordinance No. 420, adopted on May 7, 1979 and extended by Ordinance No. 666 adopted on September 14, 1984 ("Franchise"); and WHEREAS, Charter's Franchise with the City is scheduled to expire on July 8, 2004; and WHEREAS, Charter and the City have not yet begun informal renewal negotiations in accordance with Section 626(h) of Title VI of the Communications Act of 1934, as amended; and WHEREAS, the parties continue to reserve all rights not already waived under the formal procedures of Section 626 of Title VI of the Communications Act of 1934, as amended; and • WHEREAS, the amount of time required to conclude negotiations and allow for public review will extend beyond the initial expiration date; and WHEREAS, it is in the public interest to extend the current Franchise for an additional period of time so that cable service to the public will not be interrupted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS: SECTION 1. The Franchise of Charter shall be extended through December 31, 2004. SECTION 2. Charter is hereby requested, not later than July 31, 2004, to submit to the City Manager its proposal for renewal which shall include provisions indicating Charter's proposal for the maintenance and expansion of the City's i-net s stem. PASSED AND APPROVED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, this the 8~h day of June 2004, at which meeting a quorum was present and voting. • PASSED AND APPROVED ON SECOND READING BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS ,this the 22"d day of June 2004, at which meeting a quorum was present and voting. ,,,.~i. i,.. + ' ~ = Th Honora le Nelda Stroder, Mayor ' 4 t~ * J ~1~h ATTEST: ~ '®a , ~ ICI • ' ~ 1 Jf' 1 ,City Secretary ACCEPTED this day of , • Marcus Cable Associates, L.L.C. By: Name/Title: • • ORDINANCE N0.984-04 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE CITY CODE PROVISIONS RELATING TO GARAGE SALES TO INCLUDE NON-RESIDENTS AND OTHER ENTITIES; PROHIBITING GARAGE SALES BY COMMERCIAL ENTITLES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; 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, the City Code is ambiguous regarding the applicability of the provisions regarding garage sales and similar sales to non-residents, to commercial entities, and to churches, synagogues, temples, mosques and other types of entities religious organizations; and WHEREAS, the City Council has determined that clarification of these provisions to regulate these types of entities is in the public interest; and • WHEREAS, the City Council has determined that churches, synagogues, temples, mosques and other religious organizations generally rely upon such sales to generate funds, which funds are generally spent or invested in the local community, thereby benefitting the citizens of the City, and that churches, synagogues, temples, mosques and other religious organizations generally have sufficient facilities, property, and parking to accommodate such events without serious disruption to surrounding neighbors or local traffic; and WHEREAS, the City Council has determined that churches, synagogues, temples, mosques and other religious organizations should be subject to the provisions of the City Code regarding the operation of garage sales and similar sales, but, provided that such organizations have at least twenty-five (25) off-street parking spaces open and available for the operation of such sale, should not be subject to the limitations on the number of allowed sales per year; WHEREAS, the City Council has determined that businesses or commercial enterprises which regularly offer goods or services for sale to the public, or a segment thereof, whether wholesale or retail, generally are able to market their product under existing zoning regulations, and that operation of garage sales and similar sales by such entities is unnecessary, and that the operation of such sales in commercial and industrial areas of the City will unduly interfere with other nearby uses; • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • SECTION 1. EXPANSION OF GENERAL RESTRICTIONS TO EXTEND TO NON-RESIDENTS AND ALL TYPES OF ENTITIES Section 58-82 of Article III of Chapter 58 of the Richland Hills City Code is hereby amended to read as follows: Sec. 58-82. General restrictions. It shall be a violation of this Chapter for any person, business, enterprise or other entity shall display for purposes of sale, offer to sell, or sell, used personal property in the City, except as expressly authorized in this article or by other ordinance of the City. SECTION 2. EXPANSION OF LIMITATIONS ON NUMBER OF SALES TO EXTEND TO NON-RESIDENTS AND ALL TYPES OF ENTITIES Section 58-88 of Article III of Chapter 58 of the Richland Hills City Code is hereby amended to read as follows: Sec. 58-88. Number of sales allowed per year. • a. Single-family and two-family residential property. The owner or lessor of any single-family residential or two-family residential lot in the City, upon obtaining the permit required by Section 58-89, and subject to the other restrictions of this Article and other ordinances of the City, may display, offer for sale, and sell, used personal property, by conducting a garage sale, patio sale, lawn sale or similar sale, as many as four times in any calendar year. b. Churches, synagogues, temples, mosques and other religious organizations. Churches, synagogues, temples, mosques and other religious organizations which own or lease a facility in the City, upon obtaining the permit required by Section 58- 89, and subject to the other restrictions of this Article and other ordinances of the City, may display, offer for sale, and sell, used personal property, by conducting a garage sale, patio sale, lawn sale or similar sale at its facility, as frequently as such organization deems necessary, provided that such organization has at its facility at least twenty-five (25) off-street parking spaces open and available for the operation of such sale. • ORDINANCE MODIFYING CITY CODE REGARDING GARAGE SALES Page 2 W:\Richland Hills\Ordinance\Garage sales ordinance 5.11.04.wpd • SECTION 3. PROHIBITION OF GARAGE SALES BY COMMERCIAL ENTERPRISES Section 58-92 of Article III of Chapter 58 of the Richland Hills City Code is hereby added, and shall read as follows: Sec. 58-92. Commercial garage sales not permitted. It shall be a violation of this Article for any business or any commercial enterprise which regularly offers goods or services for sale to the public, or a segment thereof, whether wholesale or retail, to conduct a garage sale, patio sale, lawn sale or similar sale in the City, except to the extent expressly permitted by other ordinance of the City. SECTION 4. 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 5. 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 6. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein 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. ORDINANCE MODIFYING CITY CODE REGARDING GARAGE SALES Page 3 W:\Richland Hills\Ordinance\Garage sales ordinance 5.11.04.wpd • SECTION 7. PUBLICATION 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 to the extent required bylaw. SECTION 8. 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 9. 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 Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. • SECTION 10. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS ~ ~ DAY OF' , 2004. a2'~ ~ ~t SRpq ~ r ~ ~ ~ ~ THE HONORABLE NELDA STRODER, MAYOR . ate' ATTEST: ? ' •J G ` ~ b. G~ J • 1 KIM TTER, CITY SECRETARY ORDINANCE MODIFYING CITY CODE REGARDING GARAGE SALES Page 4 W:\Richland Hills\Ordinance\Garage sales ordinance 5.11.04.wpd EFFECTNE DATE: ~„7 D D~ • APPROVED S T F AND LEGALITY: C 1~~! /jii , TIM G. SRALLA, CITY ATTORNEY • • ORDINANCE MODIFYING CITY CODE REGARDING GARAGE SALES Page 5 W:\Richland Hills\Ordinance\Garage sales ordinance 5.11.04.wpd INVOICE ~ P~E.;~w Star-Telegram Customer ID: CIU08 40o w. 7th street Invoice Number: 253869191 FORT WORTH. TX 76102 ~s17> 390-7761 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: 25386919 RICHLAND HILLS, TX 76118-6237 Sales Rep: 073 Description: City of Richland Hill Ann BARBARA . WRIrHT Publication Date: 4/5/05 • Description Lo+:ativn Col Depth Linage i~U Rate Amount City of Richland Hills - Ordin 13580 1 42 42 LINE $0.53 $22.26 CITY OF Richland Hills - Ordinance 984-04 An Ordinance of the i City of Richland Hills, Texas amending the Net Amount• $22.26 cit code provisions relyatinqq to gqarage sales fo includ-e non- residents and other entities; prohibiting , that this ordinance shall be cumulative of all ordinances; pro- viding a severability clause; roviding a penalty for violation; providing a , savinc7s clause; providing for publication as re- quired, by law• and providing an effective date. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with L, HOLLAND or who resists the ~ij~~~l'Y CHRISTY enforcement of any of ~ a MY COMMISSION EXPIRES the provisions of this ar: Juh, 2~ ordinance shall be = ' ;f ~ 17 's, . fined no more than Five Hundred Dollars. .f,;q},;;.'~ ($500.00) for all other THE STATE OF TEXAS dinances Eachis d°y County of Tarrant that a violation is permitted to exist shall constitute a separate i • offense. Passed and Before me, a Notary Public dayrof MavtPOOgllth and Stale, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator ' for the Star-Telegram, published by the Star-Te~gram, 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 listed dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM (8 i 7) 390-7320 ~ Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 2, 0 Notary Public C~ 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: 253869191 Invoice Amount: $22.26 PO Number: Amount Enclosed: $ I