Planning and Zoning Committee

PLANNING AND ZONING COMMITTEE AGENDA REGULAR MEETING TUESDAY JANUARY 7, 2020 6:00P.M. BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Jose Saucedo-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 25  NOTICE OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF UVALDE, TEXAS Notice is hereby given of the regular meeting of the Planning and Zoning Commission of the City of Uvalde, Texas, to be held Tuesday, January 7, 2020 at 6:00 P.M., in the City Council Chambers 2nd floor of City Hall, 101 East Main St., Uvalde, Texas for the following purpose: Page I. CALL MEETING TO ORDER II. APPROVAL OF MINUTES Approval of December 3, 2019 minutes. 4-5 P&Z 12-3-19 Mins III. PUBLIC HEARING AND ZONING MATTERS Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. IV. CASE FILE 1-20PZ Open a public hearing to consider and act on the request of Sergio Rosas and Jennifer Ybarra, applicants, to change the zone from Residential 3 to Residential 5. They would like to install a manufacture home on this property. The property is located at 218 Shook Street, Shook Subdivision, Block 14, Lot 9, 10, City of Uvalde, Uvalde County Texas. a) Staff Report b) Open a Public Hearing c) Citizens Comments d) Close Public Hearing e) Reconvene meeting for discussion and decision on application. 6 - 12 S.Rosas & J.Ybarra- Zone Change app. 1-20PZ S. Rosas & J. Ybarra V. CASE FILE 2-20PZ Open a public hearing to consider an act on the request of Victor DeHoyos & Cindy DeHoyos, applicants, to change the zone from Residential 2 to Residential 4. They would like to build apartments in the back of the main house. The property is located at 337 West Oak Street, Crisp Subdivision, Block A, Lot 11, City of Uvalde, Uvalde County Texas. a) Staff Report b) Open a Public Hearing c) Citizens Comments d) Close Public Hearing e) Reconvene meeting for discussion and decision on application. 13 - 20 V.DeHoyos & C. DeHoyos-Zone Change app. 2-20PZ V&C DEHOYOS VI. CASE FILE 3-20PZ Page 2 of 25  Open a public hearing to consider and act on the request of City Staff to amend Title 17 Zoning in regards to Home Occupations. a)Staff Report B) Discussion and decision on amendments. 21 - 23 Home Occupation Ordinance VII. CASE FILE 4-20PZ Open a public hearing to consider and act on the request of City Staff to amend Chapter 17.20, Section 17.20.010 E. regarding R-5 District Uses. a)Staff Report B) Discussion and decision on amendments. 24 - 25 RV Ordinance VIII. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 12:00 Noon, Friday January 3, 2020. _____________________ Sorayda A. Sanchez City Secretary Page 3 of 25  MINUTES Planning and Zoning Commission Meeting 6:00PM- Tuesday December 3, 2019 City Hall-Council Chambers 101 E. Main St. Uvalde, TX 78801 The Planning and Zoning Commission of the City of Uvalde was called to order on Tuesday December 3, 2019, at 6:00PM, in the City Hall Council Chambers, with the following members present: COMMISSIONERS Matthew Visel-Board Chair PRESENT: Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell COUNCIL Gilbert Limones ABSENT: Jose Saucedo-Alternate STAFF PRESENT: Susan Anderson-Director of Planning and Development Jovita Maldonado-Code Enforcement Officer 1. CALL MEETING TO ORDER 2. APPROVAL OF NOVEMBER 5, 2019 MINUTES Motion to approve the minutes from the November 5, 2019 Planning and Zoning Commission meeting made by Commissioner Jimmie Raines. Motion seconded by Commissioner Rosemberg Risa III. Motion carried 6-0. 3. PUBLIC HEARING 4. CASE FILE 21-19PZ Open a public hearing to consider and act on the request of David Cobos, applicant, to change the zone from Residential 1 to Residential 4. He would like to build apartments on this property. The property is located at 1101 South Getty Street, Overstreet Subdivision, Lot 1, City of Uvalde, Uvalde County Texas. Susan Anderson Director of Planning and Development explained to commissioners that this property is located on the North West Corner of the intersection of Batesville Highway and Pearsall Road. There is currently a house on this property. This request is to allow more than one house on the property. Pubic Hearing opened at 6:01PM. Property owner David Cobos explained to commissioners that the property is a corner lot and he plans to tear the house down and build apartments. Commissioner Jimmie Raines asked if the apartments would be government or low income housing. Mr. Cobos stated they would not. Commissioner Rosemberg Risa III asked how many apartments he plans to build. Mr. Cobos stated that he plans to build three apartments Page Page41ofof25 2  one two bedroom apartment and two one bedroom apartments. Michelle Robinson resident of 224 S. Getty Street asked where the entrance to the apartments would be. Mr. Cobos stated that the entrance would be located on the County Road. Mrs. Robinson also asked how many apartments Mr. Cobos plans to build. Code Enforcement Officer mentioned that the number of apartments is information that would fall under the building requirements. Mrs. Anderson explained that this board decides whether the property can go from one home to multiple homes. Public Hearing Closed at 6:22PM Motion to approve made by Commissioner Joe Suarez. Motion seconded by Commissioner Rosemberg Risa III. Motion carried 6-0. 5. ADJOURNMENT Motion to adjourn made by Commissioner Rosemberg Risa III. Motion seconded by Commissioner Walter Tidwell. Meeting adjourned at 6:23PM. Board Chair City Secretary Page Page52ofof25 2  __________________ ________________________________________ ______________________ _________________________ ___________________________________________ ______________________ City of Uvalde Planning & Zoning Commission ZONING CHANGE/SUBDIVISION APPLICATION ZONING CHANGE SPECIAL PERMIT ZONING ORDINANCE AMENDMENT flSUBDIVISION Applicants Name’ S2c (If applicant is other than ownek, attach written authority from owner) Address: 51 i Ai; Home Phone:_________________ Cell Phone: 3 0 3 33.3 hone: 3Th 1 DESCRIPTION :‘iVy’ I, Street Address: 7_If .3 . - NewCityBlock#(NCB): 5 kook— 5L’YILO. ,31k_ i’f , L€f fl. Current use of Property: C Drainage plan submitted on: If property IS NOT platted, submit metes and bounds description: Proposed type of development: \Vlf)’Ykf l:40.r\/\p ZONING ONLY: F, Existing zoning designation is: (—) Requesting zoning change to: ‘egal SUBDIVISION ONLY: Application must include a egble drawing showing the property boundaries and dmensions with description, adjacent street and/or alleys, and location of existing structures. ZONING CHANGE FEE S200.00 .3UBDIVISIQN FEE 3300.00 PnntName’ — Signature Date. ( /11/2 / For office use only: CustomerSeicaRep.___________________________________ DateReceved i (/ Skoc,dl Bock f “4 Logs) c.?, /0 otSze O )( t3O Sect on of ZOT)ing Ordinance tt,at app es fZ I’ - Approved by Cty Counch on ,_,,Dd NOT get Approved by C ty Cow’ciI on [_J Revised 4i2013 Page 6 of 25  ________ CITY OF UVALDE 101 South Getty Street Uvalde, TX 78801 830-278-3316 FAX 830-278-2234 P.O. Box 799 Uvalde, TX. 78802-0799 rlara@uvaldetx.com codeenforcement@uvaldetx.com ZONING BOARD PERMIT PERMIT #: 20192131 DATE APPLIED: 12/11/2019 JOB ADDRESS: 218 SHOOK ST PROPERTY ID: 12700-0063-00 ZONING: SUBDIVISION: SHOOK SETBACK-FRONT: ABSTRACT: 12700 SETBACK-SI DE: NCR: SETBACK-REAR: LOT #: 910 BLOCK #: 14 ISSUED TO: SERGIO ROSAS CONTRACTOR: SERGIO ROSAS ATTN: YBARRA JENNIFER MASTER: YBARRA JENNIFER ADDRESS 581 W MAIN ST ADDRESS: 581 W MAIN ST CITY, STATE ZIP: UVALDE TX 78801 CITY, STATE ZIP: UVALDE TX 78801 PHONE: PHONE: MASTER LIC #: PROP.USE OCCP TYPE: VALUATION: $ 0.00 CNST TYPE: SQ FT 0.00 DETAILS OF PROJECT: ZONE CHANGE FROM R3 TO R5 FEE CODE DESCRIPTION AMOUNT ZOl ZONING CHANGE APPLICATION FEE $ 200.00 TOTAL $ 200.00 NOTICE THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN B MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISION OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. YOU ARE ON NOTICE THAT STATE AND FEDERAL LAWS MANDATE ASBESTOS SURVEYS BE COMPLETED BEFORE COMMENCING ON COMMERCIAL RENOVATION/DEMOLITION WORK WITHIN THE STATE OF TEXAS. SEE http:llwww.dshs.state.tx.us/asbestos. CONTRA CTORS SHALL COORDINATE ALL DISPOSAL SERVICES THROUGH THE CITY’S UTILITY DEPARTMENT. (including ALL demolition (INITIAL) 1z/7//2o/c? SIGNATXIRE OF CONTRACTOR OR AUTHORIZED AGENT DATE APPROVEJD BY DATE Page 7 of 25  CASE SUMMARY CASE FILE # 1-20PZ SITUS: 218 Shook Street LEGAL DESCRIPTION: NCB 107, Shook Subdivision, Blk 14, Lot 9 & 10. CASE PETITION: Request of Sergio Rosas and Jennifer Ybarra, applicants, to change the zone from Residential 3 to Residential 5. They would like to install a manufacture home on this property. The property is located at 218 Shook Street, Shook Subdivision, Block 14, Lot 9, 10, City of Uvalde, Uvalde County Texas. Arial View This is zone as a Residential 3. See Street view on back of paper. Page 8 of 25  Street View There were certified letters mailed out (including owners). green cards received signed. letters received unclaimed. green cards or letters not received Received Reply’s: – Agree – Disagree Page 9 of 25 Page 10 of 25 Page 11 of 25  218 SHOOK ST - SERGIO ROSAS 15401 15435 15402 11775 15357 15404 15445 15891 1535 15403 15890 15449 15394 15446 15889 15393 15888 15444 10157 15392 15431 15886 15391 15885 15385 15884 15422 15390 15419 15386 16309 16310 15387 12/19/2019, 9:10:51 0 1:986 0.01 0.01 0.03mi Parcels 0 0.01 0.03 0.05km Abstracts Sources: Esri, Esri Japan, HERE, METI, EsriGarmin, China Page 12 of 25  ______________________ ____________________________ ________________________________________ __ __________________________ ______________________ _________________ __________________________ (se 2-Z0PZ City of Uvalde Planning & Zoning Commission ZONING CHANGE/SUBDIVISION APPLICATION ‘ONING CHANGE ESPECIAL PERMIT E ZONING ORDINANCE AMENDMENT flSUBDIVISION Applicants Name i/ 7)iQ ? (If applicant is other than owner, attach written authori from owner) Address: -i32 S. Ei/5 L,4’ / 7 7 Home Phone: Cell Phone: S9&2 2â7’Work Phone: DESCRIPTION Street Address: 37 - / 7k ? New City Block # (NOB): Current use of Property: Xf-7 4I_ / Drainage plan submitted on: If property IS NOT platted, submit metes and bounds description: Proposed type of development: rA k ZONING ONLY: Existing zoning designation is: (?.. 2.... Requesting zoning change to: A’ ‘y SUBDI VISION ONLY: Application must include a egible drawing showing the property boundaries and d:mensions with ‘egal description, adjacent street and/or alleys, and location of existing structures, EONING CHANGE FEE $200.00 S5UBDIVISION FEE S300.00 Print Name JoycJJ t S Sgnature. Da. ///- / Foro ceueeoniy C,stomerServiceRep._______________________________ Date Receved / 2’ /1 /.‘_ 9 Addition Bock # — Lot(s) _O S Z9 Sec olofZoQingOrdiflancett’atappes d NOT get Approved by C ty Couc,I on [_J Approved by C ty Counch on Revised 4,2013 Page 13 of 25  ________ CITY OF UVALDE 101 South Getty Street Uvalde, TX 78801 830-278-3316 FAX 830-278-2234 P.O. Box 799 Uvalde. TX. 78802-0799 rlara@ uvaldetx.coin codeenforcement@uvaldetx.com ZONING BOARD PERMIT PERMIT #: 20192141 DATE APPLIED: 12/12/2019 JOB ADDRESS: 337 OAK ST W PROPERTY ID: 04600-0012-00 ZONING: SUBDIVISION: CRISP SETBACK-FRONT: ABSTRACT: 4600 SETBACK-SIDE: NCB: SETBACK-REAR: LOT#: 11,12 BLOCK #: A ISSUED TO: VICTOR DEHOYOS CONTRACTOR: VICTOR DEHOYOS ATTN: MASTER: ADDRESS 226 S EVANS ADDRESS: 226 S EVANS CITY, STATE ZIP: UVALDE TX 78801 CITY, STATE ZIP: UVALDE TX 78801 PHONE: PHONE: MASTER LIC #: PROP.USE OCCP TYPE: VALUATION: $ 0.00 CNST TYPE: SQ FT 0.00 DETAILS OF PROJECT: ZONE CHANGE FROM R2 TO R4 FOR BLK A; LOT 11 FEE CODE DESCRIPTION AMOUNT ZOl ZONING CHANGE APPLICATION FEE $ 200.00 TOTAL $ 200.00 NOTICE THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISION OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. YOU ARE ON NOTICE THAT STATE AND FEDERAL LAWS MANDATE ASBESTOS SURVEYS BE COMPLETED BEFORE COMMENCING ON COMMERCIAL RENOVATION/DEMOLITION WORK WITHIN THE STATE OF TEXAS. SEE http://www.dshs.state.tx.us/asbestos. CONTRACTORS SHALL COORDINATE ALL DISPOSAL SERVICES THROUGH THE CITY’S UTILITY DEPARTMENT.(including ALL demolition (INITIAL) /2///2// SIGNATURE OF CONTRACTOR O”AUTHORIZED AGENT DATE / APPROEYBY DATE Page 14 of 25  CASE SUMMARY CASE FILE # 2-20PZ SITUS: 337 West Oak Street LEGAL DESCRIPTION: NCB 40, Crisp Subdivision, Blk A, Lot 11, 12. CASE PETITION: Request of Victor DeHoyos & Cindy DeHoyos, applicants, to change the zone from Residential 2 to Residential 4. They would like to build apartments in the back of the main house. The property is located at 337 West Oak Street, NCB 40, Crisp Subdivision, Block A, Lot 11, City of Uvalde, Uvalde County Texas. Arial View This is zone as a Residential 2. See Street view on back of paper. Page 15 of 25  Street View There were certified letters mailed out (including owners). green cards received signed. letters received unclaimed. green cards or letters not received Received Reply’s: – Agree – Disagree Page 16 of 25 Page 17 of 25 Page 18 of 25 Page 19 of 25 337 W OAK ST - VICTOR DE HOYOS Page 20 of 25  ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UVALDE AMENDING TITLE 17 ZONING OF THE UVALDE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING ENFORCEMENT AND PENALTY CLAUSES; PROVIDING OPEN MEETINGS, SEVERABILITY, AND EFFECTIVE DATE CLAUSES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, home occupations provide employment for citizens of Uvalde, and WHEREAS, home occupations are covered in both Chapter 17 of the City’s code of ordinances and the 2015 International Zoning code which the City has adopted, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS, THAT: Section 1. Findings of Fact. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Amend Title 17 Zoning by deleting the following: 17.04.050 Definitions. “Home occupations” means any occupation or activity which is clearly incidental, and secondary to the use of the premises for dwelling purposes by a member of the family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than two square feet in area placed flat against the building and no other display or storage of materials or generation of substantial volumes of vehicular or pedestrian traffic of parking demand or other exterior indication of the home occupation or variation rom the residential character of the building; and in connection with which not more than one person outside the family is employed and no equipment used which creates noise, vibration, smoke, dust, odors, heat or glare, any of which is offensive to persons of ordinary sensibility in the neighborhood. When within the above requirements, a “home occupation” includes the following: 1. Art studio; 2. Dressmaking; 3. Professional office of a doctor, physician, dentist, lawyer, engineer, architect, accountant, salesperson, real estate agent, insurance agent; 4. Teaching with musical instruction limited to one or two pupils at a time; However, a home occupation shall not be interpreted to include barbershops, beauty parlors, restaurants, or the conduct of a business involving retail sales, but is intended to include only those personal services which are subordinate to the use of the premises as a dwelling. 17.36.010 Permitted accessory uses. The following accessory uses are permitted: A. In the R-1, R-2 and R-3 districts: 1. Private garages; 2. Home occupations; 3. Vegetable and flower gardens; 4. Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to residential use. Page 21 of 25  B. In the R-4 and R-5 districts, there may also be storage garages solely for the uses of the occupants of the premises. C. In the B and I districts any accessory use is permitted. F. The keeping and raising of animals and fowl not otherwise prohibited by any ordinance shall be permitted in the R-1, R-2, and R-3 districts, subject to the following regulations: 1. No animals or fowl of any kind or species shall be kept or raised in such districts for the purpose of sale or, resale, or for the purpose of producing meat, eggs, or other animal products for sale, or for producing off-spring for sale, or for any other commercial purpose or purposes; nor shall any such animals or fowl be kept in such numbers as to unreasonably interfere with or constitute a hazard to the health, safety, or welfare of neighboring property owners. 2. No person shall keep, raise, or maintain horses, mules, donkeys, ponies, cattle, sheep or goats within such districts, or anywhere within the corporate limits of the city, except upon compliance with the following space requirements: a. Horses, Mules, Donkeys, Ponies and Cattle. There shall be a minimum space of one thousand two hundred fifty (1,250) square feet per calf, steer, or bull kept within the city limits. Any space where such animals are kept shall be surrounded by a fence of sufficient strength to confine such animals therein and to prevent the same from escaping and being at large, which confining or surrounding fence shall be not less than one hundred (100) feet at its closest point from the residence or dwelling of any other person than the owner of such animal or animals. b. Sheep and Goats. There shall be a minimum space of two hundred fifty (250) square feet per animal for any sheep or goat kept within the city limits. Any space where such animals are kept shall be surrounded by a fence of sufficient strength to confine such animals therein and to prevent the same from escaping or being at large, which confining or surrounding fence shall be located not less than fifty (50) feet at its closest point from the owner of such animal or animals. ***** Section 3. Penalty Clause. Any person who shall violate any of the provisions of this ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum set out in Section 1.12.010 of this Code. Each day the violation exists shall constitute a separate offense. Proof of a culpable mental state shall not be required to establish a violation of this ordinance. Such penalty shall be in addition to all the other remedies provided herein. Section 4. Savings Clause. All rights and remedies of the City of Uvalde are expressly saved as to any and all violations of the provisions of any ordinances affecting accessory uses 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. Section 5. Effective Date. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code and the City Charter. Section 6. Severability. 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, sentence, Page 22 of 25 paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation into this Ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Section 7. Open Meetings. It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act. PASSED AND APPROVED on this the 14th day of January, 2020. The City of Uvalde, Texas ______________________________ Don McLaughlin, Jr., Mayor ATTEST: ______________________________ Sorayda A. Sanchez, City Secretary Page 23 of 25  ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF UVALDE AMENDING CHAPTER 17.20 LAND USE PROVISIONS OF THE UVALDE CODE OF ORDINANCES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING ENFORCEMENT AND PENALTY CLAUSES; PROVIDING OPEN MEETINGS, SEVERABILITY, AND EFFECTIVE DATE CLAUSES; AND PROVIDING FOR RELATED MATTERS. WHEREAS, recreational vehicles provide temporary housing for tourists, seasonal visitors, and workforce, and WHEREAS, Uvalde has a need for this type of temporary housing, and WHEREAS, manufactured home parks are equipped to provide utilities and space for temporary housing, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UVALDE, TEXAS, THAT: Section 1. Findings of Fact. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. Amendment of Section 17.20.010 E to add: 3. Recreational vehicles. ***** Section 3. Penalty Clause. Any person who shall violate any of the provisions of this ordinance, or shall fail to comply therewith, or with any of the requirements thereof, within the City limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum set out in Section 1.12.010 of this Code. Each day the violation exists shall constitute a separate offense. Proof of a culpable mental state shall not be required to establish a violation of this ordinance. Such penalty shall be in addition to all the other remedies provided herein. Section 4. Savings Clause. All rights and remedies of the City of Uvalde are expressly saved as to any and all violations of the provisions of any ordinances affecting recreational vehicles 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. Section 5. Effective Date. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Tex. Loc. Gov’t. Code and the City Charter. Section 6. Severability. 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, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation into this Ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision, and to this end the provisions of this Ordinance are declared to be severable. Page 24 of 25 Section 7. Open Meetings. It is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act. PASSED AND APPROVED on this the 14th day of January, 2020. The City of Uvalde, Texas ______________________________ Don McLaughlin, Jr., Mayor ATTEST: ______________________________ Sorayda A. Sanchez, City Secretary Page 25 of 25