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Home My Public Portal AboutOrdinance No. 1017-05 06-14-2005 • ORDINANCE NO. 1017-05 AN ORDINANCE ADOPTING A REVISED OFFICIAL ZONING MAP TO REFLECT CHANGES PREVIOUSLY MADE IN THE ZONING OF CERTAIN PROPERTIES PURSUANT TO CHAPTER 90 OF THE CITY CODE, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance, codified as Chapter 90 of the City Code, and a comprehensive zoning map, regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, and providing for a method to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and • WHEREAS, the Planning and Zoning Commission and the City Council have previously changed the zoning of a number of properties in the City as permitted by law and Chapter 90 of the City Code; and WHEREAS, the official zoning map of the City was not previously revised to reflect such changes as provided by Section 90-212 of the City Code, and the City Council now wishes to approve a revised zoning map reflecting all changes in zoning previously made, as provided by law and Section 90-212; and WHEREAS, making all the changes previously made to the existing official zoning map would render such official zoning map ambiguous because of the number of changes; and WHEREAS, all requirements of law dealing with notice, publication and all procedural requirements have been complied with in accordance with the comprehensive zoning ordinance and Chapter 211 of the Local Government Code; and WHEREAS, the City Council of the City does hereby deem it advisable and in the public interest to adopt a new official zoning for the reasons stated herein; • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXA5: SECTION 1. NEW OFFICIAL ZONING MAP ADOPTED The City hereby adopts a new official zoning map as permitted by Chapter 90-213 of the City Code, in order to accurately reflect all previous zoning changes made by the Planning and Zoning Commission and the City Council. A copy of such official zoning map is attached to this ordinance as Exhibit "A." The actual official zoning map shall be maintained as provided in Section 90-212 of the City Code. SECTION 2. ORDINANCE CUMULATIVE This Ordinance shall be cumulative of Ordinance No. 500, as amended, and all other Ordinances of the City of Richland Hills affecting zoning and land use, and shall not repeal any of the provisions of such ordinances except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 3. PENALTY • 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, 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 maybe subjected to such civil penalties as authorized bylaw. SECTION 4. RESERVATION OF RIGHTS AND REMEDIES FOR ACCRUED VIOLATIONS All rights or remedies of the City are expressly saved as to any and all violations of Chapter 90, as amended, or any other ordinance affecting zoning and land use that 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, same shall not be affected by this Ordinance but maybe prosecuted until final disposition by the Courts. SECTION 5. SEVERABILITY It is hereby declared to be the intention of the City Council that the phrases, clauses, • ORDINANCE ADOPTING REVISED OFFICIAL ZONING MAP Page 2 H:\WP\ORDINANC\ORD 1017-OS 6-14-OS ZONING MAP.DOC • 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. PUBLICATION The City Secretary is hereby directed to publish in the official newspaper of the City the caption, penalty clause, publication clause, and effective date clause of this ordinance as required by law. 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 THE 14th DAY OF JUNE, 2005. TH HONORABLE NELDA STRODER, MAYOR r s . ATTEST: ' Y ens,*> r ~ y¢• - t- . ~ C° n IM UTTER, CITY SECRETARY ~ g A ~ 1, • • EFFECTIVE: ~ .t.=-wee 2L7f3S" +++t+ ~'e ..@ _ o~.••`t.``~ + a k ~ AP OVE A TO ORM ND LEGALITY: TIM G. SRALLA, CITY ATTOR Y • ORDINANCE ADOPTING REVISED OFFICIAL ZONING MAP Page 3 H:\WP\ORDiNANC\ORD 1017-OS 6-14-OS ZONING MAP.DOC INVOICE Star-Telegram Customer ID: CIU08 40o w. 7TH sTREET Invoice Number: 257082151 FORT WORTH, TX 76102 (si7) 390-7761 Invoice Date: 6/25/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/05 Bill To: PO Number: CITY OF RICHLAND HILLS 3200 DIANA DR Order Number: 25708215 RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073 Description: CITY OF RICHLAN Attn Attn: ACCOUNTS .PAYABLE Publication Date: 6/25/05 Description r„• ~ - _ ,,Location Cal llepth Linage MU Rafe Amount . CITY OF RICHLAND HILLS - ORDIN 13580 1 81 81 L[NE $0.53 $42.93 CITY OF RICHLAND HILLS - ORDINANCE 1017-OS AN ORDINANCE ADOPTING A RE- VISED OFFICIAL Net Amount: $42.93 ZREFLECT CHANGES PREVIOUSLY MADE IN THE ZONING OF CERTAIN PROPER- TIES PURSUANT TO CHAPTER 90 OF THE CITY CODE AS AMENDED, fHE COMPREHENSIVE NOANCE OF THE CIDTY OF RICHLAND HILLS; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PEN- ALTY CLAUSE;. • PROVIDING A SAV- INGS CLAUSE; PROVIDING A SEV- PROVIDING LA FOFI PUBLICATION IN THE OFFICIAL NEWSPAPER AND THE STATE OF TEXT PROVIDING AN EF- FECTIVE DATE. ANY County of Tarrant C O R PNti R A TII O N DISOBEYS IOOMITS, Before me, a Notary PI FUSES TO COMPLY my and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, slsTS°R HE ° EN- 1egram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clippi FORCEMENT of was published in [he ove named page on the I ted dates: BIDS SL LEGAL DEPT. STAR TLEGRAM ANY OF THE PRO- ~ (8~7~ 390-7320 VISIONS OF THIS ORDINANCE SHALL \~~Illlllllllllllllq// BE FINED NOT \\p\\\\ ` ^ C s ~///j// ~ TIHOS SAr($2 0 O 00 Signed `\~\\\\\P ~Jvn ' • ~ , ~,,/,d~~/ FOR ERkCH OF~ ~ ` ' P 'f/ FENSE. EACH DAY ~ P ~i SUBSCRIBED ANDS THAT A vloLArloN E, THIS Wednesday, June 29, 2 ~F';~ ~ n IS PERMITTED TO _ c EXIST SHALL CON- Z ~n STITUTE A SEPA- ~ `L ~ ~ ~ n H Q RATE OFFENSE. IN Notary Public - s~ ADDITON, ANY ql 1 PERSON FIRM OR ~ F QF 5 CORPCSRATION~ NIEG ECTS`OOMITOS~ p8 19 2oOb`\`\, Thank You For PLY WITH OR WHMO /lllllllllllllllllll~~\~\\~ RESISTS TH EN- FORCEMENT OF ~ ANY OF THE PRO- ~ _ ~ VISIONS OF THIS ORDINANCE MAY BE SUBJECTED TO SUCH CIVIL PEN- ALTIES AS AUTHO- RIZED BY LAW. 7 i p Star_ PASSED AND AP- CUStOmer ID: CIUOB Remit To: PROVED BY THE RICHLAND HILLS p O cITY COUNCIL Customer Name: CITY OF RICHLAND HILLS JUNE 14, 2005. FORT WORTH, TX 76101-2051 Invoice Number: 257082151 Invoice Amount: $42.93 PO Number: Amount Enclosed: i $