Loading...
HomeMy WebLinkAbout918 01-27-1987ORDINANCE NO. 918 AN ORDINANCE AMENDING SECTION 16 -102 OF ORDINANCE NO. 347 SAME BEING THE COMPREHENSIVE ZONING CODE OF THE CITY OF EULESS, TEXAS, SO AS TO SPECIFICALLY AUTHORIZE THE CITY COUNCIL TO ESTABLISH CONDITIONS SUBSEQUENT UPON AMENDMENTS, SUPPLEMENTS OR CHANGES IN ORDINANCES ESTABLISHING THE BOUNDARIES. OF ZONING DISTRICTS AS TO PROPERTY WITHIN THE CITY OF EULESS, TEXAS; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, specific development of property within the City as proposed and assured by petitioners for zoning district boundary changes are often not being undertaken following changes in the zoning districts requested by such petitioners; and WHEREAS, the City Council is of the opinion that proper and appropriate land use planning dictates expeditious development of property wherein district zoning boundaries have -been changed to accommodate requested proposed development of such property and to discourage speculative zoning; and WHEREAS, to best assure development and use of property in conformance with zoning district boundary changes, certain conditions subsequent upon the grant of such zoning district boundary changes would best assure timely development thereof in accordance with the scheme and plan presented at time of such zoning district boundary changes; and WHEREAS, the City Council acknowledges that on occasions changes of circumstances may require further modification or extension of such conditions subsequent and provision therefore should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Section 16 -102, entitled "Changes and Amendments by the City" of Ordinance 347, as amended, same being the Comprehensive Zoning Code of the City of Euless, Texas, is herewith amended to hereafter be and read as follows: 16 -102 Chances and Amendments by the City The City Council may, from time to time amend, supplement or change by ordinance the boundaries of the districts or regulations herein which ordinance, amending, supplementing or changing a zoning district may establish reasonable conditions subsequent to such zoning district changes as the Council may deem necessary to assure timely and appropriate development and utilization of such property as permitted by such zoning district change. Failure to comply and fully meet any such condition subsequent shall, on the date prescribed for the satisfaction of such condition subsequent, render such zoning district change thereafter void and of no further consequence or effect and shall automatically reinstate the immediately preceding zoning district category for such property which shall thereafter be the zoning district applicable to such property unless such condition subsequent be extended or otherwise modified by resolution of the City Council adopted at a regularly or specially called meeting of the Council , which resolution shall reference the ordinance establishing such condition subsequent. In the event a condition subsequent so extended or modified by any such resolut.ion shall not be met, such failure shall be construed =to be a failure to meet the condition subsequent applicable to such zoning district and upon the occurrence of such failure to satisfy such extended or modified condition subsequent as modified or extended pursuant to such resolution, the zoning district applicable to such property shall revert to that zoning - district applicable to such property immediately preceding to the adoption of the ordinance containing the condition subsequent as extended or modified as above provided upon the occurrence of a failure to comply with any such condition subsequent. Once any such condition subsequent as initially established (or as thereafter modified or extended by resolution) shall be fully satisfied as determined by the Mayor of the City of Euless, the Mayor may note same upon the then Official Zoning Map of the City of CONDITION SUBSEQUENT ORDINANCE Page 2, ORDINANCE NO. 918 Euless, Texas, in which event such condition subsequent and any extensions or modifications thereof shall be deemed fully satisfied and thereafter of no further consequence or effect. Before taking action on any proposed amendment, supplement, or change, or any resolution modifying or extending any condition subsequent to an ordinance amending, supplementing or changing the boundaries of any zoning district, the City Council shall submit same to the City Planning and Zoning Commission for its recommendation and report. II. Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $200.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. III. Severability Clause. That it is hereby-declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this' ordinance shall _be declared unconstitutional by the valid judgment or decree of -any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. IV. Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. CONDITION SUBSEQUENT ORDINANCE Page 3, ORDINANCE NO. 918 V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED on first and final reading on the 97th day of January , 1987, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 5 ayes, n nayes and 0 abstentions. APPROVED: Harold Samuels, Mayor ATTEST: L 'U. Kay Rain y, City Sec to y APPROVED S TO FORMt P Bob MCFarlan-d—, City Attorney (0017a) CONDITION SUBSEQUENT ORDINANCE Page 4, ORDINANCE NO. 918