HomeMy WebLinkAboutOrdinance No. 2011-1886CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1886
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, APPENDIX A, SECTION 18-701, ENTITLED
"SWIMMING POOL BARRIERS," BY AMENDING SUBSECTION (B),
BY REQUIRING FENCING FOR PUBLIC SWIMMING POOLS
CONSISTENT WITH CHAPTER 6 OF THE CODE OF ORDINANCES;
AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
APPENDIX A, SECTION 18-801(A), ENTITLED "MAINTENANCE," BY
REQUIRING THAT ALL FENCES SHALL NOT BE OUT OF VERTICAL
ALIGNMENT MORE THAN ONE AND ONE-HALF INCH (1 1/2") PER
FOOT OF FENCE HEIGHT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR
EACH AND EVERY OFFENSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 211.006(a) of the Texas Local Government Code requires the City
of The Colony, Texas, to publish notice of a public hearing concerning a zoning amendment
before the 15th day before the date of the public hearing; and
WHEREAS, Appendix A, Section 24-101(4) of the Code of Ordinances of the City of
The Colony, Texas, provides the following, "[a] public hearing shall be held by the governing
body before adopting any proposed amendment, supplement or change. Notice of such hearing
shall be given by publication in a newspaper of general circulation in the City of The Colony
stating the time and place of such hearing which time shall not be earlier than fifteen (15) days
from the date of publication;" and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of
Ordinances of the City of The Colony, Texas, have given the requisite notices by publication and
otherwise, and have held due hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is
of the opinion and finds that said changes should be granted, and that the Code of Ordinances
should be amended.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That Appendix A, Section 18-701, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Swimming pool barriers," is hereby
amended by amending subsection (B) to read as follows:
"(B) Public swimming pools: Chapter 6 of the Code of Ordinances of the City of The
Colony."
SECTION 3. That Appendix A, Section 18-801, of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Maintenance," is hereby amended by
amending subsection (A) to read as follows:
"(A) Vertical alignment. All fences shall not be out of vertical alignment more than
one and one-half inch (1 '/z") per foot of fence height."
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance; and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 6. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the stun of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 1st day of February, 2011.
z 6,
Joe McCourry, Mayor
ATTEST:
Chr' re ilson, City Secretary 1f}
a'e? '.,tyNr,
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APPROVED AS TO FORM:
J4.,Moore ity Attorney
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