2008-316sAour documents\ordinances\08\dca08-0004
pro tunc.doc
ORDINANCE NO. a~IVY-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN
INADVERTENT MISTAKE IN ORDINANCE NO. 2008-134, SPECIFICALLY ITS
AMENDMENT OF SUBCHAPTER 35.15.10.6 OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION :
THEREOF; PROVIDING FOR SEVERABILITY, SAVINGS AND SUPERSEDURE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 17, 2008, by Ordinance 2008-134, the City Council approved an
amendment to various sections within Subchapter 35.15 of the Denton Development Code; and
WHEREAS, there was an inadvertent mistake in the drafting of Ordinance No. 2008-134,
specifically in Section 35.15.10.6 pertaining to the relocation of signs, as the ordinance failed to
conform to the information provided to City Council at the meeting when the ordinance was
approved; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to
reflect the truth of what was actually approved by the City Council when approving the ordinance;
and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. 2008-134, providing for the amendment of portions of
Subchapter 35.15.10.6 of the Denton Development Code is hereby amended, to the limited extent
necessary, to correct an inadvertent mistake, and shall instead read as follows:
35.15.10.6 Relocation Under Eminent Domain.
Notwithstanding any other provision of this Subchapter, any sign which is a legally existing
nonconforming sign may be relocated if the property upon which the sign is located is acquired by
any condemning authority through the exercise or threat of its power of eminent domain.
A. Restrictions: The land upon which the sign is to be relocated shall:
1. Be within the same lot or tract as the original location; or
2. If on a different lot or tract, establish a relocation site within 1000' of the area
acquired by the condemning authority. If the relocation site is not already owned or
leased by the sign owner, it may be acquired at the expense of the sign owner or the
condemning authority.
B. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions
of this Subchapter.
C. This section does not preclude the option of voluntarily relocating billboards under
§35.15.18.8, provided that all conditions therein are satisfied.
SECTION 3. All provisions of Ordinance 2008-134 and the Denton Development Code not
specifically amended herein shall continue in force and effect; however, the provisions of this
ordinance shall govern and control over any conflicting provisions of Ordinance 2008-134, to the
extent of any such conflict.
SECTION 4. 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 6. 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
published twice in the Denton Record-Chronicle, a daily newspaper published in the Cityof Denton,
Texas, within ten (10) days of the date of its passage and approval.
PASSED AND APPROVED this the day of )2008.
MARK A. BURROU , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
_NEY
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BY:
APPR ED 10 LEGAL FORM: