1995-031cooprla2.ord
ORDINANCE NO. ~--~0 ~ /
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION
NUMBER 3 OF PLANNED DEVELOPMENT NO. 72 (PD-72) AS DEFINED IN
ORDINANCE 84-50, TO ASSUME RESPONSIBILITY OF THE FLOODWAY/OPEN
SPACE AREA THEREIN LOCATED; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of Denton, Texas has applied for an amendment
to Planned Development No. 72 (PD-72), as defined by Ordinance No.
84-50, to amend condition 3 within said ordinance, by assuming
responsibility for the floodway/open space area therein located;
and
WHEREAS, on January 25, 1995, the Planning and Zoning Commis-
sion, after a public hearing, recommended approval of the requested
changes; and
WHEREAS, the City Council finds that the proposed amendments
will be in compliance with the Denton Development Plan; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Ordinance No. 84-50 (PD-72), providing appro-
val of a planned development zoning district classification and use
designation for 127.484 acres of land, is hereby amended with
respect to condition 3 therein to read instead as follows:
3. Landscaped cul-de-sacs and entries shall be private-
ly maintained. The City of Denton must review and
approve a written proposal or agreement outlining
specific maintenance responsibilities before build-
ing permits are issued.
SECTION II. That the provisions of this ordinance govern and
control over any conflicting provision of Ordinance No. 84-50, but
all the provisions of Ordinance No. 84-50 as they apply to that
remaining portion of the PD zoning district classification and use
designation not herein amended, shall continue in force and effect
and shall apply to the remainder of said district.
SECTION III. That a copy of this ordinance shall be attached
to Ordinance No. 84-50, showing the amendment herein approved.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this th~/~ day of ~, 1995.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MICHAEL A. BUCEK, ACTING CITY ATTORNEY
PAGE 2
2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting
described in the above and foregoing paragraph is attached to and follows this Certificate; that said
Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and
foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said
Meeting pertaining to the passage of said Ordinance; that the persons named in the above and fore-
going paragraph are the duly chosen, qualified, and acting officers and members of said City Council
as indicated therein; and that each of the officers and members of said City Council was duly and
sufficiently notified officially and personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said
Meeting; and that said Meeting was open to the public, and public notice of the time, place, and
purpose of said meeting was given, all as required by Chapter 551, Texas Government Code.
3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance;
that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the
Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall
constitute the signing of the attached and following copy of said Ordinance for all purposes.
SIGNED AND SEALED the 21st day of February, 1995.
(SEAL)
We, the undersigned, being respectively the City Attomey and the Bond Attorneys of the City
of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and
following Ordinance prior to its passage as aforesaid.
City Attorney
Bond Attorneys