HomeMy WebLinkAboutORD 1988-045 OR�INANCE NO. 88-45
AN ORDINANCE OF THE GRAPEVINE CITY COUNCIL -
AMENDING APPENDIX "B" OF THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING SECTION lA
RELATING TO DEFINITIONS; BY PROVIDING A NEW
SECTION 1B RELATING TO EXEMPTION FROM
PLATTING REQUIREMENTS; BY AMENDING SECTION
2(c) RELATING TO REPLATS; BY AMENDING
` � SECTION 6 RELATING TO COMPENSATORY AND
INJUNCTIVE RELIEF; BY PROVIDING A NEW
SECTION 8 RELATING TO PLAT CERTIFICATES; BY
�:�;_:,m PROVIDING A NEW SECTION 9 RELATING TO
CONNECTION OF PUBLIC UTILITIES; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500 . 00) FOR EACH
OFFENSE AND A SEPAR.ATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
, WHICH AN OFFENSE OCCURS OR CONTINUES;
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 . This ordinance shall be cumulative of all
other ordinances of the City of Grapevine, Texas , affecting the
subdivision of land and shall not amend or repeal any of the
� provisions of those ordinances except where specifically
; amended herein or in those instances where the provisions of
! those ordinances are in direct conflict with the provisions of
� this ordinance.
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Section 2 . That Section lA of Appendix B of the
� Grapevine Code of Ordinances relating to the definition of
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( _ "Subdivision" is hereby amended to read as follows :
!
i "Subdivision shall mean the division of
' a lot, tract or parcel of land into two or
� more lots or other divisions of land,
� whether by using a metes and bounds
; description or a deed conveyance or in a
; contract for deed or by any other manner ,
� for the purpose, whether immediate or
future, of transfer of ownership, building
development, or trailer coach park
development, expressly excluding development
for agricultural purposes, and shall include
{ resubdivisions . "
� Section 3 . That Appendix B of the Grapevine Code of
� Ordinances is hereby amended by the addition of a new Section
{ 1B, which shall read as follows :
Sec . 1B. Exemption From Platting
�w ,�
Requirements
� The following subdivisions of land shall
be exempt from the requirements of Section
��_>� lA of this Appendix B, provided the
requirements set forth in this section are
I met .
( 1) Land divided solely because of a
partition deed, devise or intestacy and
� not for developmental purposes, provided
� the resulting land ownership is
� consistent with the terms of the
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partition deed, the probated will or the
intestacy law. A plat showing such
division and resulting ownership shall
be filed with the commission.
(2) A gift of land provided the gift
is totally a gift for love and affection
� only and not for developmental purposes,
and a timely Federal Gift Tax Return is
filed with the Internal Revenue
" � Service. A plat showing the division
� and the resulting ownership shall be
! filed with the commission together with
' ��� a copy of the Federal Gift Tax return.
In the event the gift was not of
sufficient value to require filing a
Federal Gift Tax return, then an
af f idavit to such ef f ect shal l be f i led
with the plat . "
Section 4 . That Section 2(c) ( 6) of Appendix B of the
� Grapevine Code of Ordinances is hereby amended by the addition
of new Subsections (j ) and (k) , which shall read as follows :
` " (j ) The purpose of the amendment is to relocate one
or more lot lines between one or more adjacent
lots where the owner or owners of all such lots
, join in the application for the plat amendment,
i` provided that such amendment does not :
�
'� ( 1) attempt to remove recorded covenants or
restrictions; or
(2) increase the number of lots .
� f (k) The purpose of the amendment is to make necessary
changes to the prior plat to create six or fewer
' ��-_ ;� lots in the subdivision or a part of the
i
_ subdivision covered by the prior plat if :
j ( 1) the changes do not affect applicable zoning
and other regulations of the City;
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! (2) the changes do not attempt to amend or
� remove any covenants or restrictions; and
!
I (3) the area covered by the changes is located
j in an area that the city planning and
� zoning commission and the city council has
� approved, after a public hearing, as a
� residential improvement area. "
�
� Section 5 . That Section 6 of Appendix B of the
Grapevine Code of Ordinances is hereby amended to read as
: follows :
IC "Section 6 . Injunctive and compensatory
� relief .
i
� f The city council is authorized to file
lan action to enjoin the violation or
l threatened violation of this Appendix B by
f ��'"�� the owner of a tract of land and/or recover
�
� damages from the owner of a tract of land in
� an amount necessary to undertake
� construction, or any other activity,
necessary to bring about compliance with
i this Appendix B. For the purposes of this
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section, the jphrase"owner of a tract of
land" does not include the owner of an
individual lot in a subdivided tract of
land. "
Section 6 . That Appendix B of the Grapevine Code of ±
Ordinances is hereby amended by the addition of a new Section 8
entitled "Plat Certificates" , which shall read as follows : ;
"Section 8 . Plat certificates .
( 1) Upon the approval of a final plat or
replat by the planning and zoning
commission and the city council, the ;
city council shall issue to the person s
applying for the approval a certificate
stating that the final plat or replat '
has been reviewed and approved by the
city planning and zoning commission and '
the city council .
(2) Upon the written request of an owner of
land or a public utility, the city ,
council shall mak� the following
determinations regarding the owner ' s
land or the land in which the utility or
city council is interested that is �
located within the jurisdiction of the
city.
(a) whether a final plat or a replat
is required under this Appendix
B; and
(b) if a final plat or replat is
required, whether it has been
prepared and whether it has been
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reviewed and approved by the city
_ planning and zoning commission
and the city council .
(c) a request submitted under this
subsection must identify the land
that is the subject of the
request .
(3) If the city council determines that a
final plat or replat is not required,
the council shall issue to the
requesting party a written certificate
of that determination. If the council
determines that a final plat or replat
is required and that such document has
been prepared and h�as been reviewed and
approved by the commission and city
council , the council shall issue to the
requesting party a written certification
of the determination.
(4) The city council shall make its
� determination within twenty (20) days
after the date it receives the request
,�,� under Subsection 2 of this section and
shall issue the certificate, if
appropriate, within ten ( 10) days after
the date the determination is made.
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( 5) The city tcouncil may adopt rules it
considers necessary to administer its �
function under this section. "
Section 7 . That Appendix B of the Grapevine Code of �
Ordinances is hereby amended by the addition of a new Section 9 a
entitled "Connection of Public utilities" which shall read as
follows : t
' "Section 9 . Connection of public utilities .
; 1 . An entity described in Subsection (2) of
this section may not serve or connect ;
any land with water, sewer , electricity, ;
gas, or other utility service unless the j
entity has been presented with or �
otherwise holds a certificate applicable
to the land and issued under Section 8 '
of this Appendix B. �
2 . The prohibition established by '
Subsection ( 1) of this section applies
only to :
a. a city and officials of a city ,
that provides water , sewer,
electricity, gas or other utility
service;
b . a city owned or city-operated
utility that provides any of
those services; and
c . a public utility that provides
any of those services .
3 . The prohibition established by
Subsection ( 1) of this section applies
only to land that an entity described by
Subsection (2) of this section first
serves or first connects with services
on or after September 1 , 1987 . "
Section 8 . Any person violating any of the provision 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) for each offense and a separate
offense shall be deemed committed upon each day during or on
which an offense occurs or continues .
Section 9 . 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 10 . 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 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 21st day of June , 1988 . �
APPROVED:
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� Mayor '
i '
ATTEST:
City Secreta
APPROVED AS TO FORM:
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�f2,�s..:,�� --d�.��-.__t�
City Attorney
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