1999-030 ORDINANCE NO.~_~)
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 C~ty of Denton, Texas holds pubhc heanngs as reqmred by Chapter 34
"Subd~wsmn and Land Development Regulataons" for many purposes, including aunexat~on petitions,
and
WHEREAS, the C~ty ofDanton eomphes w~th Texas State Law regarding reqmrements for
pubhc heanng notification of e~t~zens and interested part,es, and
WHEREAS, the Ctty Council of the C~ty of Denton has determined that pubhc hearing
not~ficat, on procedures strongly affect pubhc part~eapataon m c~ty government, and that h~gh levels of
pubhc partxclpatxon are wtal to good government and sound mumc~pal decision-making, and
WHEREAS, the C~ty Council of the City of Denton has determined that public heanng
notaficatxon reqmrements should be expanded and ~mproved to maintain tugh levels ofpubhc
participation, and that other measures have been ~denttfied to enhance ex~stmg requirements, and
WHEREAS, the City Council has conducted a pubhc heanng on the proposed regulations
contained hereto, NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
~ That Chapter 34 "Sllbdlvlslon and Land Development Regulations" of the Code of
Ordinances of the City of Denton, Texas, ~s hereby amended by adding subsections (d) and (e) to SeeUon
34-36 "Annexatmn Procedures" to read as follows
(d) Public Hearing Notification Procedures
(1) Notice of Public Hearing Notice of the public hearings shall be g~ven not less
than ten (10) days before the date set for the first annexation public hearing using
each of the following methods
(i) Published Notice Not~ce of the scheduled public hearings shall be pubhshed
~n the official newspaper of the city stating the t~me and place of such public
hearings and a description of the proposed annexabon
(ii) Courtesy Notice Written not~ce of the scheduled public hearings, properly
addressed and postage-pa~d wa first class mall shall be provided to all residents
of property located w~th~n five hundred (500) feet of the subject property by
posting such nobce to each parcel address as recorded on the c~ty's
Geographic Information System (GIS) data base Failure on the part of property
owners to reca~ve the courtesy notice shall not ~nvalldate the scheduled public
heanng process
(111) Posted Notice. A s~gn shall be posted on the subject property according to
rules established and pubhshed by the Planmng and Development Department,
a copy of which will be available at the C~ty Secretary's office and the Planmng
and Development Department offices
(2) Access to Property. The appl~cant/pebt~oner/landowner shall allow the D~rector of
Planning and Development or h~s/her designee to enter on to the premises for
which an annexation pubhc heanng ~s scheduled for the purposes of ~nstalhng,
maintaining, and remowng s~gns requ~rad by this ordinance
(e) Remedy for Removal of Sign. It shall be unlawful for any person, other than the
D~rector of Planmng and Development or h~s/her designee, to knowingly remove, deface, or
~njure ~n any manner a sign or part thereof required by the prows~ons of th~s ordinance
SECTION II. That any person wolatlng any provision of this ordinance shall, upon conv~ction,
be freed a sum not exceeding $500 00 Each day that a provision of flus orchnance is violated shall
constitute a separate and distract offense
~ That if any seetaon, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or applacation thereof to any person or circumstances is held invalid by any court of
competent junsdietmn, such holding shall not affect the vahdlty 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 vahdlty
SECTION IV. That all provisions of the orchnances of the City of Denton m conflict with the
provisions of flus 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 rematn an 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 Reeord-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten
(10) days of the date of its passage
PASSED AND APPROVED tins the~dday of ~~r~, 1999
/ JACK MILLE~, ~VIAYd])R
ATT/~T
~E]~e'~ALTERS, ti-TX/SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTy, C{TY ATTORNEY