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HomeMy WebLinkAboutORD 2011-041 ORDINANCE NO. 2011-41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE N O. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE,TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY PROVIDING FOR AMENDMENTS AND CHANGES TO ZONING REGULATIONS BYAMENDING SECTION 52TREE PRESERVATION PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCYAND PROVIDING AN EFFECTIVE DATE NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code is hereby amended in the following particulars, and all other sections, subsections, paragraphs, definitions, words and phrases of said Appendix "D" and not amended but hereby ratified, verified, and affirmed: A. That Section 52, Tree Preservation is hereby amended by amending subsection A. to read as follows: "A. PURPOSE. The purpose of this section is to establish rules and regulations governing the protection of trees and vegetation cover within the City of Grapevine, to encourage the protection of healthy trees and vegetation and to provide for the replacement and replanting of trees that are illegally removed from developed or undeveloped property, or are necessarily removed during construction, development, or redevelopment." B. That Section 52, Tree Preservation is hereby amended by amending subsection CA. to read as follows: "4. The yard areas of all developed property, excluding owner-occupied single-family residential property; rental properties are not excluded and are specifically subject to the provisions of this ordinance." Section 2. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 3. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court or 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 the ordinance despite such invalidity,which remaining portions shall remain in full force and effect. Section 4. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th of August 2011. APPROVED; William D. Tate Mayor ATTEST. C440� NU( & Linda Huff ov City Secretary APPROVED AS TO FORM. Douglas H. Conne , hi- Assistant City Attorney l ORD. NO. 2011-41 2