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HomeMy WebLinkAboutORD 1992-011 ORDINANCE NO. 92-11 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING APPENDIX B - SUBDIVISIONS, SECTION 2 (B) 14 (e) RELATING TO PRIVATE DEVELOPMENT CONSTRUCTION SALES TAX EXEMPTION; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED , ($500. 00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN I� EFFECTIVE DATE r. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That Appendix B - Subdivisions, Section 2 (B) 14 (e) is amended as follows: " (e) l. When paving streets or making necessary improvements, the subdivider shall be required to follow the sealed bid procedures applicable to ! cities pursuant to Tex. Rev. Civ. Stat. Ann. Art. i � 2368a and Art. 2368a. 3 . i2 . The subdivider shall execute the following certification insuring that Items 1 and 2, noted i below in this paragraph (B) 14 (e) 2 . , Section 2, Appendix B of the Grapevine Code of Ordinances, are � included in the private contract to construct the public improvements that are to be dedicated to the � City. � � DEVELOPER PROJECTS REQUIREMENT OF PRIVATE CONTRACT SALES TAX CERTIFICATION I, (NAME) , as (TITLE) , of , developer of , hereby certify that the following statements have been incorporated within the contract between my firm and , contractor on this private development project addressing the requirements of H.B. 11 - Sales Tax Exemption i Amendment to Section 151. 311 of the State Tax Code: �;:.� I��� II II . 1) Title to materials passes to developer at the job site and the City intends to accept the improvements before said improvements will be considered part of the approved project. 2) Developer intends to donate the improvements to the City before said improvements are considered part of the approved project. (Signature) (Title) (Date) (Notary) " Section 2 . That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are repealed and of no force and effect provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo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 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be fined in a sum not to exceed five hundred dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto is declared invalid 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 5. 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 inhabitants of the City of Grapevine, Texas creates f an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. 2 Section 6. The provisions of this ordinance shall become effective from and after final passage and approval, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of March , 1992 . APPROVED: I � William D. Tate Mayor , ATTEST: Linda Huff City Secretary ,��; ,,. APPROVED AS TO FORM: ; � , �� � - � !, John F. Boyle, Jr. ', City Attorney � 3