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0506B ORDINANCE NO. 506-B SIGN ORDINANCE AMENDMENT AN ORDINANCE AMENDING ORDINANCE 506-A, THE SIGN ORDINANCE BY DELETING THE READERBOARD SIGN FROM SECTION 19 SO THAT IT WILL NO LONGER BE A PERMITTED SIGN; AUTHORIZING THE GRANT OF VARIANCES IN CERTAIN SITUATIONS FOR READERBOARD AND OTHER TYPES OF SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city council of the City of Southlake finds the present sign ordinance does not sufficiently regulate readerboard signs within the city; and WHEREAS, the city council deems it necessary to adopt this ordinance to protect the health, safety, and welfare of the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Ordinance No. 506-A is hereby amended by revising Section 14 to read as follows: "SEC. 14 VARIANCES The City Council may authorize variances to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the aflbcted property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. A person may request a variance from the sign ordinance by filing the request I) WP FIII N\ORD\S0/MI\506 B WIq) Page 1 with the Building Official. Any request for variance shall be accompanied by a completed application and a non-refundable filing fee in the amount specified in the current fee schedule adopted by City Council." SECTION 2. Ordinance No. 506-A is hereby amended by deleting Article V, section 19, subsection B, and renumbering the remaining subsections consistently. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgement 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 unconstitutiunal phrase, clause, sentence, paragraph, or section. SECTION 5. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 506-A or any other ordinances affecting the regulation of signs 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. I):WP F]115S\ORD\506 B~,506-B WPI) Page 2 SECTION 7. The city secretary of the City of Southlake is hereby directed to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. The city secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and the City Secretary shall additionally publish its caption and penalty in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. AND A/PPROVED ON FIRST READING ON THIS ~ DAY OF , 199~_. ATTEST: CITY SECRETARY D~,WP FII I:S~ORD\506-B\50b-B WPD Page 3 THIS/7 ANr~ ,~P~PROVEV ON SECONV REA.ING ON 1990 . DAY OF ATTEST: C~TY SECRETARY EFFECTIVE ~ ff~! [q~ APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10223922 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C ITS? THE STATE OF TEXAS ounty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE k AD ORDER NO. DESCRIPTION AD SIZE IN TOTAL RATE AMOUNT 12/06M 102239�2 NOTICE OF PUBLIC I358 1x 56L 56 . 66 36 . 96 NOTICE OF PUBLIC HEARING ' 1 2/0 6-1 r i n 6 NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council -- ----- - - Meeting to be held on De- cember 17, 1996 at 6:00 p.m. in the City Council Chambers of City Hall 667 North Carroll Avenue,South • - lake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: - -------- ORDINANCE NO.506-B SIGN ORDINANCE AMENDMENT AN ORDINANCE AMENDING I ORDINANCE 506-A THE' SIGN ORDINANCE BY DE- LETINGTHEREADERBOARD SIGN FROM SECTION 19 SO - ,� THATATITL WILL NO LONGER BE A PERMITTED SIGN;PRO-'IDING THAT THIS ORDI- S LANCE SHALL BE CUMULA- WE OF ALL ORDINANCES; 'ROVIDING A SEVERABILITY S. PENALTY FOR IVIIOLATIONS I SWORN TO BEFORE ME, THIS THE DAY OF PROVIDING A SAVINGS +s^►•1tir�-0 loth ' •` • PUBLICATIONOINIPAMPHLEET _,!•gY'4'4;1' FORM;PROVIDING FOR PUB- 'a' '%q RNONOA R. GOKE � Notary Public 1A)5 t a ` /Ck LIGATION IN THE OFFICIAL �Z` ' ''ni NEWSPAPER; AND PROVID- ¢• r'• COMMISSION EXPIRES ING AN EFFESECTION DATE. �r/� \ } SEPTEMBER 8, 1999 SECTION 4. 4i, / .� Any person,firm,or corpora- 'y�o' it TARRANT COUNTY,TEXAS tion who violates, disobeys, omits, neglects, or refuses to comply with or who re- sists the enforcement of any of the provisions of this ordi- more than Five Hundred Dolt ' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! lars ($500.00) for each of- fee Each eisEach day that a viola-permitted to exist L.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -------A — shall constitute a separate offense. City_of Southlake, is/Sandra L.LeGrand, �y City Secretary • OFFICE Or Star-Telegram CITY SETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 10223922 ACCOUNT CIT57 AMOUNT 36. 96 NUMBER DUE PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 36.96 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10288752 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 E STATE OF TEXAS Jnty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 12/20ME 1028875: ORDINANCE NO . 50 I358 1x 49L 49 . 66 32 . 34 ORDINANCE NO.S06-H, : 12/20-12/20 _.. _. SI AMENDMENT E 'AN ORDINANCE AMENDING- ORDINANCE 506-A THE - - SIGN ORDINANCE by DE LETING THE READERBOARDSIGN THAT FROM WILL CO L _ ONGF R BE A PERMITTED SIGN' A . THORIZING THE GRAN ING • OF VARIANCES IN CERTAIN SITUATIONS FOR READER- BOARD AND OTHER TYPES OF S;PROVIDING TTHISIORDINANCE SHALLHAT BE -- - -- CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ID- NG BFOR PUBLICATIOILITY CLAUSE, N IN PAMPHLET FORM; PROVID- IN THE OFG FICIALBLICATION NEWSPAPER; AND PROVIDING AN EFFEC- TIVE DATE. SECTION 5. S I G 1ny person,.firm or corpora- Ition who violates, disobeys, omits, neglects, or refuses Si to comply with T wno ry SWORN TO BEFORE ME, THIS THE DAY OF of thfile visions of this rd 24th DECEMBER 19 6 of the provisions of ordr nance shall be fined not more than five hundred dol- r������ lays ($500.00) for each of- r...f a�� Notary Public "` . e �� ��E fense.Each day that a viola- p �'`•�eiy tion is permitted to exist 2. ��,, RHONDA R. GOKE shall constitute a separate . � ; CQf:3F' LION EXPIRES offense. #�,�. ��i '�u„;.+ PASSED AND APPROVEDyr. _A, +Pf r7 THIS THE 17TH DAY OF DE- r stir;.. +. SEPTE.;;BER 8,M TARRANT COUNTY,TEXAS CEMBER 1996, DURING. '(�E oF'1r= THE REGULAR CITY COUN, 11'�_�Wbnv« r OF SOUTHNAKEO TEXAS CIT — ATTEST; TRICK STACY - s ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SANDRA L.LEGRAND, � ' • CITY SECRETARY `�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�A OFFICE OF Star-'Felegrain CITY S C ET Y REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 10288752 ACCOUNT CIT57 AMOUNT 32. 34 NUMBER DUE PAGE 1 0E1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 32 . 34 THIS AMOUNT ► PLEASE WRITE IN AMOUNT ENCLOSED