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City clerk says Ordinance No. 23-05 declared null and void; council pauses further action
Summary
City Clerk Cindy Cooper told the Krebs council that Ordinance No. 23-05 (rezoning Lot 42, Townsite 7) was unlawfully approved because a planning-and-zoning commission did not exist at the time; council members requested legal review before any further zoning actions.
City Clerk Cindy J. Cooper informed the Krebs City Council on Dec. 17 that Ordinance No. 23-05, an earlier rezoning of Lot 42 in Townsite 7, had been declared null and void because the change was adopted when the city did not have a planning and zoning commission in place.
"It wasn't legally done so it is not an ordinance," Cooper said, reporting that an appeal had been filed and that she checked records at the county courthouse. Council members asked for an attorney to advise on the legal implications and potential effects of the ruling on other past zoning actions.
Councilman Dan Heathcock asked whether other zoning changes made during the period without a planning and zoning commission could also be void; members responded that additional review was necessary. Heathcock moved to table further action on the matter until legal counsel can review the issue.
The clerk said this instance was the first appeal filed related to a zoning change from that period; the council did not take a binding vote to reverse other ordinances during the meeting and directed staff to seek legal advice before pursuing additional steps.
