HomeMy WebLinkAboutOrdinance No. 335 ciTY OF T.E coLoNY, TEXAS
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF THE COLONY, TEXAS BY AMENDING SECTION 26
OF APPENDIX A-ZONING RELATING TO PENALTY FOR VIO-
LATION; DETERMINING THAT THE CHANGE IN THE ZONING
REGULATIONS HAVE BEEN MADE TO PROMOTE THE HEALTH,
SAFETY, MORALS AND WELFARE OF THE COMMUNITY; PRE-
SERVING ALL OTHER PARTS OF APPENDIX A-ZONING; PRO-
VIDING A SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
WHEREAS, the City of The Colony, Texas (the "City"), pursuant to and
in aecordanee with Tex. Rev. Civ. Stat. Ann. art. 1195 (Vernon Supp. 1984),
desires to increase the maximum fine or penalty which may be assessed by the
Judge Of the Municipal Court for violations of zoning laws of the City; and
WHEREAS, the Planning & Zoning Commission of the City and the City
Council, in compliance with the laws of the State of Texas and with provisions
of the Comprehensive Zoning Ordinance of the City, have given the requisite
notices by publication and otherwise and have held due hearings and afforded a
full and fair hearing to interested persons and citizens; and
WHEREAS, the City Council does hereby find and determine that
increasing the maximum fine or penalty for violations of the zoning laws of the
City is in the best interest of the public health, safety, morals and general
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Section 26 of Appendix A-Zoning of the Code of
Ordinances of the City of The Colony, Texas, relating to Penalty for Violation
is hereby amended in the following particulars and all other existing Sections,
Subsections, Paragraphs, Sentences, Definitions, Phrases and Words of said Code
of Ordinances are not amended but shall remain intact and are hereby ratified,
verified and affirmed:
A. That Section 26 of Appendix A-Zoning is amended to read as
follows:
"Sec. 26. Penalty for violations.
26-100. Any person violating or failing to comply with any of the
provisions of this ordinance shall be fined upon convietion not less
than one dollar ($1.00) nor more than one thousand dollars
($1,000.00), and each day any violation or noncompliance continues
shall constitute a separate and distinct offense.
The penalty provided herein shall be cumulative of other remedies
provided by state law and the power of injunction as provided in
Texas Revised Civil Statutes, Article 1011-h and as may be
amended, may be exercised in enforcing this ordinance whether or
not there has been a criminal complaint filed.
In addition to the penalty provided, the right is hereby conferred
and extended to any property owner of property in any district
where sueh property may be affected by a violation of the terms
of this ordinance, to bring suit in such court or eourts having
jurisdiction thereof and obtain such remedies as may be available
at law or in equity for the protection of the rights of sueh property
owners."
Section 2. That the zoning regulations as herein established have been
made for the purpose of promoting the health, safety, morals and the general
welfare of the community.
Section 3. This ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shall not repeal any of the provisions of said
ordi.nances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
Section 4. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinances, or application thereto any person or circumstance is
held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shah not affect the validity of the remaining portions of the ordinance;
and the City Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
Section 5. That fact that the present ordinances and regulations of the
City of The Colony, Texas, are indequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of The
Colony, Texas, creates an emergency for the immediate preservation of public
business, property, health, safety, and general welfare of the public which
requires that this ordinance shah become effective from and after the date of
its passage and it is accordingly so ordained.
PASSED AND APPROVED on the ~ day of /~/~ , 1985.
~vmyor, Ci~ of Th'~r-C01diSy, Texas
AT'rEST: /
City ~retary, ' Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of The Colony, Texas