HomeMy Public PortalAboutOrdinance No. 1241-12 12-04-2012December 4, 2012
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CITY OF RICHLAND RILLS ORDINANCE NO. 1241-12
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 90-92 OF CHAPTER 90 OF THE CITY CODE,
THE CITY=S COMPREHENSIVE ZONING ORDINANCE, TO REMOVE
THE PROVISION REQUIRING THE AFFIRMATIVE VOTE OF AT
LEAST THREE-FOURT$S OF ALL ITS MEMBERS TO OVERRULE A
RECOMMENDATION OF THE ZONING COMMISSION; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABII.ITY CLAUSE; 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 requires a final report from the Zoning Commission
before the City Council may exercise its authority relating to zoning regulations; and
WHEREAS, Chapter 90 provides in Section 90-92 that an affirmative vote of at least
three-fourths of all its members is required to overrule a recommendation of the Zoning
Commission requirement for a super majority in Section 90-92(a); and
WHEREAS, the City Council has determined that it wishes to remove Subsection
90-92-(a) and revise Subsection 90-92(b) to conform to state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
AMENDMENT OF SECTION 90-92
Section 90-92 of Article III of Chapter 90 of the Richland Hills City Code is hereby
amended by deleting 90-92(a), and revising 90-92(b) so that Sec. 40-92 now reads as follows:
"Sec. 90-92. -Requirement for supermajority of city council.
(a) If a proposed change to a district regulation or boundary is protested in writing and
signed by the owners of at least 20% of either:
(1) the area of the lots or land covered by the proposed change, or
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(2) the area of the lots or land immediately adjoining the area covered by the
proposed change and extending 200 feet from that area,
then, in order to take effect, the proposed change must receive at least three-fourths (3/4)
affirmative vote of all members of the council.
(b) In computing the percentage of land area under Subsection (a), the area of streets
and alleys shall be included."
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.
EFFECTIVE DATE
This ordinance shall be in full force and effect immediately after passage, and it is so
ordained.
PASSED AND APPROVED ON THIS ~ DAY OF lRl~, 2012.
NORABL ACj(~Il~1vfA7f~~R
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LIND CANTU, TRMC, CITY SECRETARY ~~ ' ~~ y
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EFFECTIVE: ~ ~p
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APPROVED AS TO FORM AND LEGALITY: