AN ORDINANCE OF THE CITY OF FORNEY, TEXAS, ADOPTING THE 2023 COMPREHENSIVE PLAN OF THE CITY OF FORNEY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Forney, Texas (“City”) is a home-rule city possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the Home Rule Charter for the City of Forney, Texas; and
WHEREAS, the City Council of the City of Forney (“City Council”), pursuant to Chapter 213 of the Texas Local Government Code, as amended, possesses the power to adopt and/or amend a comprehensive plan for the long-range development of the City; and
WHEREAS, the City adopted its current comprehensive plan in 2016; and
WHEREAS, the City retained the services of a consultant to assist with the creation of a new updated comprehensive plan that articulates the community-based vision of the City of Forney today and extending into the foreseeable future as development and growth occurs in and about the City; and
WHEREAS, interviews were conducted with a group of residents and business owners of the City of Forney to act as a stakeholder group, an advisory committee was established to conduct meetings, and a project website collected input from citizens as part of the process and the results thereof were evaluated and incorporated into the proposed comprehensive planning document as it was developed and revised; and
WHEREAS, public meetings were held to obtain input from the residents of the City of Forney regarding their vision for the City of Forney’s future provision of services, environment, growth and development; and
WHEREAS, the results of those efforts have been incorporated into the 2023 Comprehensive Plan, which Plan has been reviewed by the City’s Community Development Department; and
WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of the Planning and Zoning Commission and of all testimony and written evidence submitted during said public hearings, the City Council of the City of Forney, Texas, has determined that it is in the public's best interest and in support of the health, safety, morals, and general welfare of
the citizens of the City of Forney that the 2023 Comprehensive Plan of the City of Forney, Texas, be and the same is hereby adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, THAT:
Section 1. FINDINGS INCORPORATED
The findings set forth above are found to be true and correct and are hereby incorporated into the body of this Ordinance for all purposes as if fully set forth herein.
Section 2. 2023 COMPREHENSIVE PLAN ADOPTED
The 2023 Comprehensive Plan, including all of its component parts, which is attached hereto and incorporated herein for all purposes allowed by law, is hereby adopted by the City Council.
Section 3. 2016 COMPREHENSIVE PLAN REPEALED
The 2016 Comprehensive Plan adopted by Ordinance No. 16-13 on the 7th day of June 2016 is hereby repealed in all things.
Section 4. ROLE OF 2023 COMPREHENSIVE PLAN
The 2023 Comprehensive Plan is intended to and shall constitute the Comprehensive or Master Plan of the City of Forney, Texas, for all matters relating to its long-range development, including, but not limited to, zoning decisions, land subdivision, thoroughfare construction, utility construction, public facilities, and growth management.
Section 5. SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the words, phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any word, 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 unconstitutionality shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of any such unconstitutional word, phrase, clause, sentence, paragraph or section.
Section 6. REPEALER CLAUSE
Any provision of any prior ordinance of the City, whether codified or uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City, whether codified or uncodified, which are not in conflict with the provisions of this Ordinance shall remain in full force and effect.
This Ordinance adopting the Comprehensive Plan reflects the City of Forney’s vision of the future, but is not a determination of land use or regulations and does not repeal any prior ordinance concerning land use or regulation and is solely a guide for future land use and regulation.
Section 7. EFFECTIVE DATE
This Ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, this _______ day of ____________________, 2023.
ATTEST: Amanda Lewis, Mayor
Dorothy Brooks, TRMC, CMC, City Secretary
APPROVED AS TO FORM:
Jennifer Barnes Smith, City Attorney
