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HomeMy WebLinkAboutORD 1993-011 � .,, ORDINANCE NO. 93-11 ,�,, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 20, ARTICLE III, RELATING TO SIDEWALKS AND DRIVEWAYS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the location and width of private driveways are stipulated in Chapter 20, Article III of the City Code; and WHEREAS, situations do arise where these stipulated locations and widths cannot be feasibly imposed; and WHEREAS, it is advisable to grant these variances in cases where variances to these stipulated locations and widths do not pose a safety problem; and WHEREAS, in such cases, it is desirable to provide a rapid response to these requests which cannot be accomplished if approval by the City Council is required. �� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That Chapter 20, Article III, of the Grapevine Code of Ordinances relating to sidewalks and driveways is hereby amended by the addition of Section 20-54, Variances From Driveway Requirements, as follows: "Appeals for variances from the Driveway Requirements in this Article III, shall be submitted in writing to the City Manager. Said submittals shall include the requested variance, reasons for the variance request, the current City requirement from which a variance is requested, and any hardships that may arise from the adherence to the City driveway variance requests that are deemed to be reasonable and do not pose any hazard to the general public and the motoring public in particular. Studies performed by a Registered Professional Traffic Engineer may be required by the City Manager as deemed necessary to address potential safety issues. The decision of the City Manager may be appealed by the applicant to the City Council for further consideration. „�,.,m The City Manager will notify City Council of all variances granted within a timely manner." � �,.n 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 That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently �,_� filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo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 the 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 which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. �' PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of March , 1993. � APPROVED: . William D. Tate ' Mayor ATTEST: , Lind Huff City Secretary �� � 2 ,�.:.. APPROVED AS TO FORM: � �� �,�_� John F. Boyle, Jr. City Attorney �� �-,, �� 3