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2001-434AN ORDINANCE AMENDING ORDINANCE NO 2001-135 OF THE CITY OF DENTON, TEXAS, AMENDING THE PROCEDURES FOR ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211 006 TO PROVIDE FOR NOTICE AND A JOINT PUBLIC HEARING BETWEEN THE PLANNING AND ZONING COMMISSION AND THE DENTON CITY COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Denton C,ty Council pursuant to ,ts home rule powers and Section 219 of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton Comprehensive Plan 1999-2020, and WHEREAS, the City Council has previously appointed a City of Denton Code Committee to undergo the process of recommending comprehensive development regulations that are consistent w~th the policies set forth ,n the Denton Comprehens,ve Plan 1999-2020, and WHEREAS, the Denton City Charter and the Code of the City of Denton, Texas do not set forth a procedure for the City of Denton for the adoption of comprehens,ve development regulations to implement a new comprehenmve plan, and WHEREAS, the C,ty has posted and sent notices of public heanngs on the proposed comprehenmve development regulations, the Denton Development Code, to the owners of property w~thm the C,ty of Denton accord,ng to the tax rolls of the Denton County Apprmsal Dmtnct, and WHEREAS, dunng the public meetings and pubhc heanngs, the Planning and Zomng Commission and the City Council have received public comment on the Denton Development Code, and WHEREAS, the Planning and Zoning Commission will submit its report with its recommendation and suggested changes to the City Council on the Denton Development Code, and WHEREAS, after receiving the Planning and Zoning report on the Denton Development Code, the C,ty Council may make any changes m the Denton Development Code warranted by law or tn the public interest, and S \Our Docurnet~ts\Ordlnances\Ol\Comprehens~ve Zomng procedures doc WHEREAS, the City Council desires to hold a joint public hearing on December 4, 2001 between the City Council and the Planmng and Zoning Commission to hear public comment on the Denton Development Code, and WHEREAS, pursuant to Texas Local Government Code §211 006(a), the City Council desires to create a procedure to notify the public of the joint pubhc hearxng between the C~ty Council and Planning and Zoning Commission prior to the adoption of the Denton Development Code, and WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local Government Code {}211 006 (c) the prescribed notice of the joint pubhc heanng prior to the adoption of the Denton Development Code shall be as hereinafter set forth within th~s ordinance, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I The findings contained in the preamble of this ordinance are ~ncorporated hereto as ff fully set forth w~thln the body of this ordinance SECTION 2 That the City Council shall hold a joint public heanng w~th the Planmng and Zomng Comrmss~on on December 4, 2001 and that the notme of the t~me and place for the joint public heanng on December 4, 2001 shall be given as follows a Before the 15th day before the joint public heanng, a notice of the date, t~me and place of the public heanng shall be pubhshed ~n the Denton Record - Chromcle, the officml newspaper m two separate places, the legal notice section and another location in the newspaper separate from the legal nonce section, and b Before the 7th day before the jmnt pubhc hearing, a notme of the date, time and place of the pubhc heanng shall be published in the Denton Record -Chronicle ~n two separate places, the legal not~ce section and another location m the newspaper separate from the legal notme section, and c Notice of the joint pubhc heanng shall be marled to owners of property w~th~n the C~ty of Denton pursuant to the most recent Denton County Appraisal District Tax Roll SECTION 3 That all ordinances or parts of ordinances in force when the provisions of th~s ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained m flus ordinance, are hereby repealed to the extent of any such conflmt S \Our Documerlts\Ordmances\0l\Comprehens~ve Zoning procedures doc SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase, or word m ttus ordinance, or the application thereof to any person or under any circumstances Is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remalmng portions of tins orchnance, and the City Council of the City of Demon, Texas, hereby declares it would have enacted such remmmng portions despite any such invalidity SECTION 5 This ordinance shall become effective immediately from and after its passage and approval PASSED AND APPROVED this the /,~/4~day of ~/Zff/~__fi~, . . ,2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY