HomeMy WebLinkAbout1999-030ORDINANCE NO.Q
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34
"SUBDIVISION AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, SECTION 34-36 "ANNEXATION
PROCEDURES", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION
PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE
BOUNDARIES OF THE CITY ARE CHANGED DUE TO ANNEXATION; REQUIRING THE
USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500
FEET OF A PROPERTY WHERE AN ANNEXATION PETITION IS CONSIDERED;
REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON
PROPERTIES WHERE AN ANNEXATION IS CONSIDERED; PROVIDING THE
REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONSTITUTES A VIOLATION
OF THE LAW; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A
SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton, Texas holds public hearings as required by Chapter 34
"Subdivision and Land Development Regulations" for many purposes, including annexation petitions,
and
WHEREAS, the City of Denton complies with Texas State Law regarding requirements for
public hearing notification of citizens and interested parties, and
WHEREAS, the City Council of the City of Denton has determined that public hearing
notification procedures strongly affect public participation in city government, and that high levels of
public participation are vital to good government and sound municipal decision -making, and
WHEREAS, the City Council of the City of Denton has determined that public hearing
notification requirements should be expanded and improved to maintain lugh levels of public
participation, and that other measures have been identified to enhance existing requirements, and
WHEREAS, the City Council has conducted a public hearing on the proposed regulations
contained herem, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SEC ION I. That Chapter 34 "Subdivision and Land Development Regulations" of the Code of
Ordinances of the City of Denton, Texas, is hereby amended by adding subsections (d) and (e) to Section
34-36 "Annexation Procedures" to read as follows
(d) Public Hearing Notification Procedures
(1) Notice of Public Hearing Notice of the public hearings shall be given not less
than ten (10) days before the date set for the first annexation public hearing using
each of the following methods
(1) Published Notice Notice of the scheduled public hearings shall be published
in the official newspaper of the city stating the time and place of such public
hearings and a description of the proposed annexation
(il) Courtesy Notice Written notice of the scheduled public hearings, properly
addressed and postage -paid via first class mad shall be provided to all residents
of property located within five hundred (500) feet of the subject property by
posting such notice to each parcel address as recorded on the city's
Geographic Information System (GIS) data base Failure on the part of property
owners to receive the courtesy notice shall not invalidate the scheduled public
hearing process
(III) Posted Notice. A sign shall be posted on the subject property according to
rules established and published by the Planning and Development Department,
a copy of which will be available at the City Secretary's office and the Planning
and Development Department offices
(2) Access to Property. The applicant/petitioner/landowner shall allow the Director of
Planning and Development or his/her designee to enter on to the premises for
which an annexation public hearing is scheduled for the purposes of installing,
maintaining, and removing signs required by this ordinance
(e) Remedy for Removal of Sign. It shall be unlawful for any person, other than the
Director of Planning and Development or his/her designee, to knowingly remove, deface, or
injure in any manner a sign or part thereof required by the provisions of this ordinance
SECTION II. That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense
SEC I) ON III. That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such validity
SECTION IV. That all provisions of the ordinances of the City of Denton in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City
of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect
SECTION V. That this ordinance shall become effective fourteen (14) days from its passage,
and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in
the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten
(10) days of the date of its passage
PASSED AND APPROVED this the day of 1999
JACK MILLEX, MAYOR
APPROVED AS TO LEGAL FORM
BY ABGC
ERT L PROUTY, CITY ATTORNEY