HomeMy WebLinkAboutORD 1997-005 �;�
ORDINANCE NO. 97-05
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING APPENDIX E,
CONSTRUCTION STANDARDS, ARTICLE I, ITEM 3
RELATIVE TO STORM DRAINAGE SYSTEMS; PROVIDING
A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That Appendix E, Construction Standards, Article I, Item 3 Storm
Drainage Systems of the Grapevine Code of Ordinances, is hereby amended in its
entirety to read as follows:
"3.2.8 Downstream property owner's permission: There are three (3)
major drainage basins in Grapevine: Denton Creek (Grapevine
""�" Lake), Big Bear Creek, and Little Bear Creek. It is the
responsibility of the Developer of the property in question to
� obtain the written permission of the downstream property owners
between the development and Big Bear Creek or Corps of
Engineers property or Little Bear Creek or Denton Creek or the City
limit boundary respectively to discharge additional storm water
generated by the development. Should the Developer of said
property not be able to obtain written permission from the
downstream property owner, the Developer may execute the
indemnification statement on record with the Public Works
Department in lieu of the downstream property owner's
permission requirement.
In addition, the Developer of said property can request, in writing,
the City to obtain an easement utilizing the City's eminent domain
powers. An appropriate contract with the City must be authorized
by the City Council. The Developer will be responsible for all City
costs.
When storm drainage discharge crosses the City Limit boundary,
� the downstream city shall be notified and approval may be
required. Construction which will increase the runoff shall not
begin until after all downstream land owners have approved the
�,,,,,,, discharge and/or the indemnification statement is executed or an
easement is obtained."
Section 2. That all ordinances or any parts thereof in conflict with the terms
� of this ordinance shall be and hereby are deemed repealed and of no force or effect
provided, however, that the ordinance or ordinances under which the cases currently
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filed and pending in the Municipal Court of the City of Grapevine, Texas shall be
deemed repealed only when all such cases filed and pending under such ordinance or
ordinances have been disposed of by a final conviction or a finding of not guilty, nolo
contendere, or dismissal.
Section 3. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of 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 this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 4. 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 Public creates an emergency for the immediate
preservation of the public business, property, health, safety, and general welfare
which requires that this ordinance take effect immediately from and after the date of
its passage, and it is accordingly so ordained.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
+� GRAPEVINE, TEXAS on this the 2�St day of .Ianuary , 1997•
APPROVED:
(G���-
William D. Tate
Mayor
ATTEST:
Linda uff
�. City S cretary
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ORD. NO. 97-05 2
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APPROVED AS TO FORM:
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v�.;..� ' i_ - �. ' '
<. y / -' � r �� , t E.
a J
John F. Boyle, Jr. '
City Attorney
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ORD. NO. g7-05 3