HomeMy WebLinkAboutOrdinance 23195-05-2018 ORDINANCE NO. 23195-05-2018
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY
OF FORT WORTH, BEING ORDINANCE NO. 17154, CODIFIED AS CHAPTER
31 OF THE CODE OF THE CITY OF FORT WORTH,BY AMENDING ARTICLE
I, "PLAN COMMISSION"; SECTION 31-5, "DECISIONS" TO DELETE
SUBSECTION F, "RECONSIDERATION"; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 212 of the Texas Local Government Code allows municipalities to adopt
rules governing plats and subdivisions of land within the municipality and the municipality's
extraterritorial jurisdiction to promote the health, safety, morals, or general welfare of the municipality
and the safe, orderly, and healthful development of the municipality; and
WHEREAS, the City Council of the City of Fort Worth adopted the"Subdivision Ordinance"to
promote orderly, safe and reasonable development of land within the city limits and extraterritorial
jurisdiction ("ETJ"); and
WHEREAS, the Plan Commission is authorized by the City Council to perform all duties and
powers as provided by state statutes and the City Charter and Subdivision Ordinances and to adopt a set
of rules of procedure in the course of those duties; and
WHEREAS,both the Subdivision Ordinance and the Plan Commission rules of procedure address
the process of reconsideration of applications; and
WHEREAS, it is recommended, to avoid redundancy, that the procedure for reconsideration be
addressed in the Plan Commission's rules of procedure and removed from the Subdivision Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS
SECTION 1.
Article I, "Plan Commission"; Section 31-5, "Decisions"of Chapter 31, "Subdivision Ordinance"
of the City of Fort Worth, is amended to delete subsection f. "Reconsideration"and re-letter the remaining
subsections, to read as follows:
Sec. 31-5 DECISIONS.
(f) Reeansideration. Deeisions of the eomffiissien shall be final, sobjeet to feeensider-afien as fellows!fequest initiated the appli.eant. The fequest shall be filed in vffifing with the exeetAive seefetar-y within
days n
r«edaftef the date e f the , nes deeisienr R�s ; an
Ch 31, Sec 31-5 amend Ordinance No.23195-05-2018
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SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth,Texas (2015), as amended,except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
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.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations
of the provisions of provisions of the Code of the City of Fort Worth which have accrued at the time of
the effective date of this ordinance,and, as to such accrued violations and all pending litigation,both civil
and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
Ch 31, Sec 31-5 amend Ordinance No. 23195-05-2018
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SECTION 5.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY ATTEST:
By: V �,` inY r By:
Melinda Ramos, Sr. Assistant City Attorney Mary J. Ka , r, ity Wecretary
ADOPTED & EFFECTIVE: May 1, 2018
Ch 31, Sec 31-5 amend Ordinance No.23195-05-2018
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/1/2018 - Ordinance No. 23195-05-204$
DATE: Tuesday, May 1, 2018 REFERENCE NO.: **L-16113
LOG NAME: 06065030 SUBDIVISION ORDINANCE AMENDMENT
SUBJECT:
Adopt Ordinance Amending Chapter 31 Subdivision Ordinance to Delete Subchapter F, "Reconsideration"
in Section 31-5, "Decision"which Duplicates the City Plan Commission's Rules of Procedures to be
Consistent with Robert's Rules of Order(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 31 Subdivision
Ordinance to delete Subsection F, "Reconsideration" in Section 31-5, "Decisions"which duplicates
procedures addressed in the City Plan Commission Rules of Procedure.
DISCUSSION:
On February 28, 2018, the City Plan Commission (CPC) approved revisions to its Rules of Procedure
related to reconsideration of decided cases and recommended approval of this associated Subdivision
Ordinance amendment to remove language duplicated in the City Plan Commission Rules of Procedure.
The revisions are consistent with Robert's Rules of Order and with the City Council and other City Plan
Commission rules.
The prior CPC procedures allowed an applicant to initiate reconsideration of a decided case and did not
limit the number of reconsiderations that could be brought forward on the same case. The Subdivision
Ordinance contains language that duplicates the reconsideration language in the City Plan Commission's
Rules of Procedure. According to Robert's Rules of Order: 1) a motion to reconsider can only be made by
a voting member who voted with the prevailing side; 2) the reconsideration motion is subject to time limits
that meet legal posting requirements; and 3) once finally disposed, a subsequent reconsideration motion
needs unanimous consent. The revised procedure only allows a CPC member to initiate a reconsideration
motion, and restricts the number of times that a case can be reconsidered.
The revisions were discussed at the CPC work sessions on December 15, 2017 and January 24, 2018.
The revisions were also presented to the Development Advisory Committee on January 18, 2018. The
CPC voted to recommend approval of this amendment to the Subdivision Ordinance, Section 31-5,
Decisions, to remove subsection f. "Reconsideration," since this language would be superfluous to the
CPC's Rules of Procedure.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this request will have no effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Logname: 06065030 SUBDIVISION ORDINANCE AMENDMENT Page I of 2
Fund Department ccoun Project �Program ctivity Budget Reference # moun
ID ID � Year (Chartfield 2)
FROM
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CERTIFICATIONS:
Submitted for City Manager's Office by_ Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mary Elliott (7844)
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