G-97-02-27-9C - 2/27/1997ORDINANCE NO. 17 ` 1 1 " o( -0. -
AN
(- I "
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1400, CODE
OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
BY EXTENDING THE CITY'S SIGN ORDINANCE REGULATIONS
INTO THE CITY'S EXTRATERRITORIAL JURISDICTION;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
I.
That Chapter 3, Section 3.1403 (6)(a), Code of Ordinances
(1995 Edition), City of Round Rock is hereby amended to read as
follows:
3.1403 BUSINESS USES SIGNS
(6) Prohibited Signs
(a) It shall be unlawful for any person to erect, relocate, repair, repaint or
materially alter any Sign, as defined herein, within the city's limits or
extraterritorial jurisdiction, without first obtaining a building permit issued
by the Chief Building Official or his designee, as directed in Section 3.106
of this Code.
II.
That Chapter 3, Section 3.1412, Code of Ordinances (1995
Edition), City of Round Rock is hereby amended to read as follows:
3.1412 REGULATION OF OUTDOOR SIGNS IN THE CITY'S
EXTRATERRITORIAL JURISDICTION
Pursuant to the terms of §216.902 of the Local Government Code, the provisions of this
Section 3.1400 regulating Signs shall be enforced in, and extended to the City's area of
extraterritorial jurisdiction.
III.
A. All ordinances, parts of ordinances, or resolutions
in conflict herewith are expressly repealed.
K:\WPDOCS\ORDINANC\OR70227C.2WP/scg
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with. ry
READ, PASSED, and ADOPTED on first reading this
day of , 1997.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1997.
READ, APPROVED and ADOPTED on second reading this
the day of , 1997.
ATTEST:
LAND, City Secretary
CHARLES CULER, Mayor
City of Round Rock, Texas
Date: February 25, 1997
Subject: City Council Meeting February 27, 1997
Item: 9.C. Consider an ordinance extending the City's sign ordinance
regulations into the City's Extra -territorial Jurisdiction.
(First Reading)
Staff Resource Person: Joe Vining
Staff Recommendation: Approval
Staff recommends adoption of this ordinance to extend the applicable sign
regulations to the Round Rock ETJ in order to assure the aesthetics of major
entrances to the City.
6-
ORDINANCE NO. 9 1 040) - - 9 v
AN ORDINANCE AMENDING CHAPTER 3, SECTION 3.1400, CODE
OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS,
BY EXTENDING THE CITY'S SIGN ORDINANCE REGULATIONS
INTO THE CITY'S EXTRATERRITORIAL JURISDICTION;
PROVIDING FOR A SAVINGS CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock has
previously adopted ordinances regulating signs in the City, and
WHEREAS, where so required by the City Charter, said
ordinances have been read at two regular meetings of the Council
and published in the official newspaper, and
WHEREAS, §216.902 of the Local Government Code provides that
a city may by ordinance extend its sign regulations into the
extraterritorial jurisdiction ("ETJ") of a city, and
WHEREAS, on February 27, 1997, at a regular meeting, the
City Council unanimously approved the adoption of Ordinance No. G-
97 -02-27-9C extending the City's existing sign regulations into the
City's ETJ, and
WHEREAS, the Council determined that Ordinance No. G -97-02-
27-9C did not (1) levy a fine or penalty, (2) deal with the budget
or tax, or (3) deal with franchises, public utilities or the
setting of their rates, and
WHEREAS, the Council by affirmative vote of all the Council
members present, the second reading of Ordinance No. G -97-02-27-9C
was dispensed with, and
K:\WPDOCS\ORDINANC\OR70227C.3WP/scg
WHEREAS, the City Council hereby determines that all
requirements of state law and the City Charter were complied with
in the adoption of Ordinance No. G -97-02-27-9C and in the
dispensing with of the second reading on February 27, 1997, and
WHEREAS, the City Council hereby determines that the
adoption of Ordinance No. G -97-02-27-9C is necessary to preserve
the public health, safety, and morals of the community, and
WHEREAS, the City Council hereby determines that Ordinance
No. G -97-02-27-9C was validly and finally adopted on February 27,
1997, and
WHEREAS, certain individuals in the sign and outdoor
advertising business and their attorneys have questioned the
legality of Ordinance No. G -97-02-27-9C because the second reading
was dispensed with, and
WHEREAS, in an effort to exercise extreme caution and to
avoid any question whatsoever relative to Ordinance No. No. G -97-
02-27-9C, the City Council wishes to read said ordinance a second
time, and
WHEREAS, such action should not be construed by any person
or by any court of competent jurisdiction that by so doing the City
Council is admitting in any way that such second reading is legally
required by the City Charter, Now Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
2.
I.
That all of the above recitals are found to be true and
correct and are hereby incorporated into the body of this Ordinance
as if copied in their entirety.
II.
That Chapter 3, Section 3.1403 (6)(a), Code of Ordinances
(1995 Edition), City of Round Rock is hereby amended to read as
follows:
3.1403 BUSINESS USES SIGNS
(6) Prohibited Signs
(a) It shall be unlawful for any person to erect, relocate, repair, repaint or
materially alter any Sign, as defined herein, within the city's limits or
extraterritorial jurisdiction, without first obtaining a building permit issued
by the Chief Building Official or his designee, as directed in Section 3.106
of this Code.
III.
That Chapter 3, Section 3.1412, Code of Ordinances (1995
Edition), City of Round Rock is hereby amended to read as follows:
3.1412 REGULATION OF OUTDOOR SIGNS IN THE CITY'S
EXTRATERRITORIAL JURISDICTION
Pursuant to the terms of §216.902 of the Local Government Code, the provisions of this
Section 3.1400 regulating Signs shall be enforced in, and extended to the City's area of
extraterritorial jurisdiction.
IV.
A. All ordinances, parts of ordinances, or resolutions
in conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
3.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this the 27th
day of February, 1997.
Alternative 2.
READ and APPROVED on first reading this the day
of , 1997.
READ, APPROVED and ADOPTED on second reading this
the 10th day of April, 1997.
ATTEST:
dOANNL3 LAND, City Secretary
CHRIST/4e (naTIA6 )
Asst.
4.
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
DATE: April 8, 1997
SUBJECT: City Council Meeting, April 10, 1997
ITEM: 13.A. Consider an ordinance extending the City's
sign ordinance regulations into the City's
Extraterritoral Jurisdiction (Second Reading).
STAFF RESOURCE PERSON: Steve Sheets
STAFF RECOMMENDATION: Approval of the ordinance on second
reading
The Council adopted this ordinance on first reading and legally
dispensed with the second reading at a regular meeting held on
February 27, 1997. Since that time, the City has become involved
in litigation with two individuals in the outdoor sign and
advertising business. These two individuals and their attorneys
have argued in court that the City Council should not have
dispensed with the second reading. I disagree. However, in an
abundance of caution, there appears to be no downside with reading
the ordinance a second time to remove all possible questions.
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