Loading...
HomeMy WebLinkAboutOrdinance 17851-10-2007ORDINANCE NO. 17851-10-2007 AN ORDINANCE AMENDING CHAPTER 31 AND APPENDIX "C" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO REPEAL THE CONTENTS OF C]F[APTER 31, "SUBDIVISION REGULATIONS" AND REPLACE WITH THE CONTENTS OF APPENDIX C "SUBDIVISION ORDINANCE"; TO CI3ANGE THE TITLE OF CHAPTER 31 FROM "SUBDIVISION REGULATIONS" TO "SUBDIVISION ORDINANCE"; AND TO REPEAL APPENDIX C, "SUBDIVISION ORDINANCE", PROVIDING THAT THIS ORDINANCE SHALL BE CUNJ[i[TLATIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND NAlVIING AN EFFECTIVE DATE. WHEREAS, on September 12, 2006, the Fort Worth City Council adopted Ordinance No. 17154-09-2006 which combined the Subdivision Regulations of Chapter 31 of the City Code and the Plan Commission Rules and Regulations into one revised subdivision ordinance adopted by the City Council as Appendix C, "Subdivision Ordinance" to the City Code; and WHEREAS, Ordinance No 17154-09-2006 repealed the original subdivision ordinance adopted by the City Council in 1975, (Ordinance Number 7234), but subsequent revisions to the ordinance adopted by the City Council were not repealed; and WI-ICREAS, the City Secretary advises repealing the remaining contents of Chapter 31 and placing the contents of Appendix C, "Subdivision Ordinance" into Chapter 31 and repealing Appendix "C" in its entirety. NOW THEREFORE, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the contents Chapter 31, "Subdivision Regulations" of the Code of the City of Fort Worth Texas (1986), as amended, is hereby repealed in its entirety and replaced with the contents of Appendix "C", "Subdivision Ordinance". SECTION 2. That the Code of the City of Fort Worth Texas (1986), as amended, is hereby further amended by changing the title of Chapter 31 from "Subdivision Regulations" to "Subdivision Ordinance." SECTION 4. That Appendix "C" of the Code of the City of Fort Worth Texas (1986), as amended, is hereby repealed in its entirety. SECTION S. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 6. 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 2 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. SECTI®N 7. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTI®N 8. This ordinance shall be effective upon its passage and publication as required by law. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED: October 30 2007 EFFECTIVE: ~,~, ~y~~~ 3 Ci~jr ®f F®rt VV®rth9 Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/30/2007 -Ordinance No. 17851-10-2007 DATE: Tuesday, October 30, 2007 LOG NAME: 06CHAP31 REFERENCE NO.: *~'G-15944 SUBJECT: Adopt Ordinance to Recodify the Subdivision Ordinance of Fort Worth from Appendix C to Chapter 31 RECOMMENDATION: It is recommended that the City Council Adopt Ordinance to Recodify the Subdivision Ordinance of Fort Worth from Appendix C to Chapter 31. DISCUSSION: On September 29, 1975, the City Council adopted Ordinance number 7234, establishing the Subdivision Ordinance of the City of Fort Worth. The Subdivision Ordinance was codified as Chapter 31 of the City Code. On September 12, 2006, (M&C PZ-2695) the City Council repealed Subdivision Ordinance 7234; however, subsequent amendments inadvertently remained in Chapter 31 and need to be repealed. At the same time, the City Council adopted a new Subdivision Ordinance as Appendix C of the City Code. The City Secretary's Office has recommended that unnecessary appendices be collapsed into the main body of the City Code to improve the organization of the document. Therefore, the purpose of this action is to repeal the obsolete language in Chapter 31 and move the entire contents of Appendix C to Chapter 31 of the City Code. There will be no material effect on the current subdivision rules and regulations. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City Funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Originating Department Head: Additional Information Contact: Dale Fisseler (6140) Fernando Costa (8042) Allison Gray (8030) Logname: 06CHAP31 Page 1 of 1