HomeMy WebLinkAboutORD 1989-073 ORDINANCE NO. g9-73
AN ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, AMENDING APPENDIX B-SUBDIVISIONS OF
THE GRAPEVINE CODE OF ORDINANCES BY AMENDING
SECTION 2 RELATING TO PLAT APPROVAL BY
AMENDING SECTIONS 2 (B) (14) (b) 1 , 2 (B) (14) (c) ,
2 (B) (14) (d) AND 2 (B) (14) (f) 1 RELATING TO THE
�.:., IMPROVEMENT OF A SUBSTANDARD STREET ABUTTING
A SUBDIVISION OR A PAYMENT IN LIEU THEREOF;
PROVIDING A SEVERABILITY CLAUSE; DECLARING
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AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Appendix B, Section 2 (B) (14) (b) of the Grapevine Code
requires that a subdivider must to meet the City of Grapevine' s
current standard, improve any existing road or street that abuts
the proposed subdivision where such roads or streets are deemed
inadequate or substandard; and
WHEREAS, Appendix B, Section 2 (B) (14) (f) requires payment of
certain fees in connection with such road and street improvements
prior to issuance of a building permit; and
WHEREAS, the City Council of the City of Grapevine, Texas (the
"City" ) desires to provide alternatives to the current periphery
street fee requirements.
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
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ordinance as if copied herein in their entirety.
Section 2 . Appendix B, Section 2 (B) (14) (b) 1 of the Grapevine
Code of Ordinances relating to final plats is hereby amended to
read as follows:
" (b) 1 The subdivider shall pay for all costs of street
paving (including costs for curbs, gutters,
sidewalks and driveway aprons) within its
proposed subdivision and, in addition thereto,
the subdivider shall pay a periphery street fee
in accordance with Section 2 (B) (14) (f) herein or,
at the option of the City, improve to meet the
City of Grapevine ' s current Thoroughfare Plan and
Pavement Standards , any existing road or street
that abuts the proposed subdivision, where said
road or street is deemed by the City to be
inadequate or substandard according to said
Thoroughfare Plan and Pavement Standards. "
Section 3 . Appendix B, Section 2 (B) (14) (c) and (d) of the
Grapevine Code of Ordinances relating to final plats is hereby
�"� amended to read as follows:
" (c) In the event the City determines that the
,,,�, abutting street should be improved, the
subdivider shall improve the roadway to provide a
minimum of two (2) traffic lanes, each a minimum
of twelve feet (12 ' ) in width. Said improvements
shall include but not be limited to excavation,
subgrade preparation, paving, sidewalks, storm
drainage facilities, utility adjustments and all
necessary appurtenances to upgrade said street or
road to meet current City of Grapevine standards
and dedicate the necessary right-of-way for said
road or street as a condition precedent to the
acceptance of the subdivision improvement by the
City for maintenance purposes.
(d) The City may enter into a refunding agreement
approved by the City Attorney whereby th� C�.ty
will reimburse the subdivider the difference
between the cost incurred by the subdivider in
constructing the improvements and the cost of the
periphery street fee applicable to the new
development. Any street assessment funds
collected by the City for improvements to a
specific road or street may, at the City' s
discretion, be used to reimburse a subdivider
pursuant to a refunding agreement for such street
or road. In the event the cost incurred by the
subdivider is less than the periphery street fee,
``� ' the subdivider shall be required to pay to the
City the difference between the fee and cost
incurred. "
Section 4 . Appendix B, Section 2 (B) (14) (f) 1 of the Grapevine
Code of Ordinances relating to final plats is hereby amended to
read as follows:
" (f) 1 In the event the City determines the periphery
street fee should be paid, the subdivider shall
pay to the City a fee equal to one-third (1/3) of
the total cost of full width roadway improvements
required to upgrade said road or street to meet
City standards (including but not limited to
excavation, subgrade preparation, paving,
sidewalks, storm drainage facilities, utility
adjustments , engineering and necessary
appurtenances) and dedicate the necessary
right-of-way for said road or street as a
condition precedent to the acceptance of the
subdivision improvements by the City for
.�� A maintenance purposes . "
Section 5 . That all other existing sections, subsections,
�```"'' paragraphs, sentences, definitions, phrases and words of the
Grapevine Code are not amended but shall remain intact and are
hereby ratified, verified and affirmed.
Section 6 . 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 7 . 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, 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 become effective 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 '7th day of November , 1989 .
APPROVED:
William D. Tate
Mayor
ATTEST:
Lin a Huff
City Secretary
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APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
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