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Home My WebLink AboutORD 1990-073 � ORDINANCE NO. 90-73 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS �w AMENDING PARAGRAPH 3 .2 .9 .1 , ITEM 3, ARTICLE I, APPENDIX E OF THE GRAPEVINE CODE OF ORDINANCES RELATING TO CONSTRUCTION STANDARDS FOR DOWNSTREAM DRAINAGE STRUCTURES; AUTHORIZING PRO-RATA REIMBURSEMENT AGREEMENTS; PROVIDING FOR THE REPEAL OF ALL INCONSISTENT ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF 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; PROVIDING AN EMERGENCY AND EFFECTIVE DATE. WHEREAS, in developments throughout the City of Grapevine, Texas (the "City" ) , the capacities of downstream drainage structures serving a watershed may currently or at full development be undersized; and WHEREAS, in order to develop, it may be necessary for an individual developer to construct or make improvements to �. downstream drainage structures which do not have the capacity to accommodate the watershed at existing or at full development; and �� WHEREAS, there is a need to establish a clear policy regarding the construction of and improvements to downstream drainage structures and allowing developers to be reimbursed for the cost of constructing or improving downstream drainage structures on a pro-rata basis from future developments; and WHEREAS, the Director of Public Works and the City Manager recommend the adoption of this ordinance and the utilization of pro-rata reimbursement agreements, and the City Council hereby finds and determines said recommendation is in the best interest of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Paragraph 3. 2. 9 . 1, Item 3, Article I, Appendix E of the Grapevine Code of Ordinances relating to „��. construction standards for downstream drainage structures is hereby amended in its entirety to read as follows: � "3. 2. 9. 1. Downstream structures; structure improvements � If no drainage study for a given watershed addressing downstream drainage structures has �++' been prepared or the factors upon which a previous drainage study was based have been substantially changed as determined by the Director of Public Works or his designee, the developer shall, at the developer' s sole initial cost and expense, have a drainage study prepared by a registered engineer in the State of Texas to determine, (a) the necessary future capacities of the drainage structures to adequately convey one hundred (100) year design flows from the watershed at full development, (b) the existing one hundred (100) year flows and runoff coefficients within the watershed prior to the proposed development, (c) the one hundred (100) year flows and runoff coefficients generated by each undeveloped tract within the watershed at full development based on current zoning, (d) the existing one hundred (100) year flows in excess of existing structures ' capacities within the watershed, � -fi if any, (e) the total cost of construction to provide downstream drainage structures with adequate capacities for one hundred (100) '�� year full development flows within the watershed, and (f) the proportionate share attributable to development of each respective undeveloped tract within the watershed based upon the incremental increase in stormwater runoff from each undeveloped tract at full development compared to the total increase above existing one hundred (100) year flows resulting from full development in the watershed. Portions of the watershed which lie outside the city limits of Grapevine shall be analyzed and accommodated as if fully developed. In the event the drainaqe study identifies that the existing downstream drainage structures are undersized for existing one hundred (100) year flows or inadequate for the sum of the existing one hundred (100) year flows and the incremental increase in one hundred (100) year flows after the ,.�., proposed development, the developer required to perform the drainage study shall be required to make improvements to such � downstream drainage structure or structures, and/or construct a new downstream drainage structure or structures, which can adequately "�" convey one hundred (100) year design flows from a fully developed watershed. The cost of construction of or improvements to downstream '�r' drainage structures to accommodate development outside the city limits shall be distributed on a pro-rata basis to all undeveloped tracts within the watershed inside the City of Grapevine. The drainage study and all construction plans for the downstream drainage structures shall comply with all ordinances and rules and regulations of the City and shall be approved by the Director of Public Works, or his designee, prior to the commencement of any construction in the development. The City shall fund through a refund procedure, as funds are available, said availability and source of funds being determined by the City Council, that portion of the design cost, construction cost and cost of the drainage study attributable to the existing one hundred (100) year flows in � -� excess of existing structures ' capacities within the watershed prior to the proposed development. The City' s share of the cost shall be based upon the increase in capacity needed for existing structures to contain and discharge existing one hundred (100) year flows compared to the difference between the total one hundred (100) year flows under fully developed conditions and the existing structures ' capacities. The developer shall fund, at the developer' s sole cost and expense and with no reimbursement, that portion of the design cost, construction cost and the cost of the drainage study attributable to the proportionate share of the total increase in one hundred (100) year flows caused by the proposed development, including the pro-rata share of one hundred (100) year flows generated from future improvements to undeveloped tracts within the watershed which lie outside the City limits of the City of Grapevine, and all engineering, construction �� and other costs, including drainage studies or portions thereof, related to drainage within the proposed development. The �, developer shall fund, at developer' s sole cost and expense with an expectation of reimbursement from future developers of ""�"°"�' undeveloped tracts within the watershed, that portion of the design cost, construction cost and cost of the drainage study attributable �► to the proportionate share of the total increase in one hundred (100) year flows caused by other undeveloped tracts at full development of the watershed including the pro-rata shares of one hundred (100) year flows generated from future improvements to undeveloped tracts within the watershed which lie outside the City limits of the City of Grapevine. Upon completion of the construction of structure upsizing or structure improvements and at the request of the developer funding the construction, the City shall enter into a Pro-Rata Reimbursement Agreement, approved by the City Council, to enable the developer to be reimbursed for the design cost, construction cost and the drainage study cost in accordance with the provisions of this paragraph 3. 2. 9 . 1 . Payment to the developer from future upstream developers shall be by � , cashiers check or certified check. Developer shall sign an acknowledgement of payment on a form approved by the City of Grapevine as a � � condition of receipt of payment and developer shall forward a copy of the signed acknowledgement to the Director of Public Works. The Pro-Rata Reimbursement Agreement shall not exceed a term of twenty (20) years and shall provide that the reimbursement requirements for any tract within the watershed shall be paid prior to the approval and acceptance of the construction project by the City for the respective upstream development tract. It is the responsibility of all developers of undeveloped tracts in the City to determine whether a pro-rata payment will be required. In the event the zoning on a tract within the watershed has been changed subsequent to the execution of the Pro-Rata Reimbursement Agreement to allow a more intensive use or higher density, the developer of such tract shall be required, �� solely at his cost with no reimbursement, prior to any construction plans being approved by the City for such tract, to have �� a new drainage study prepared by a registered � engineer to determine the effect of the change in zoning on the downstream drainage structures, and, if deemed necessary by the �' drainage study, to construct new, or make improvements at his sole cost with no reimbursement to existing, downstream drainage structures to accommodate the increased flows. Any cost incurred by the developer resulting from a zoning change to allow a more intensive use or higher density shall not release said developer from payment of his pro-rata share of costs under any existing Pro-Rata Agreement. In the event the zoning on a tract within the watershed has been changed subsequent to the execution of the Pro-Rata Reimbursement Agreement to require a reduction in density or a less intensive use, the developer of such tract shall not receive a reduction in the pro-rata share of costs for downstream drainage structure improvements attributable to such tract. " Section 3 . 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 4 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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 5 . Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof 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 6. 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 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of December , 1990 . APPROVED: William D. Tate Mayor ATTEST: n� � � Linda Huff City Secretary APPROVED AS TO FORM: �� ..�, John F. Boyle, Jr. C;.�.g� r�,a�t:os:.n��