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Home My WebLink AboutORD 1988-046 o. _ � ORDINANCE N 88 46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING APPELdDIX B OF THE GRAPEVINE CODE OF ORBINAIICES BY AMENDING SECTION 2 (B) ( 14) RELATING TO PERIPHEP.Y STREET FEES APPLICABILITY TO RELIGIOUS ' ORGANIZATIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING :,., ALd EFFECTIVE DATE i WHEREAS, the City Council hereby finds and determines that religious organizations, as that term is defined in this ``� ordinance, do not create a detrimental traffic impact on ' adjoining streets to justify requiring the payment of periphery street fees prior to the issuance of a building permit; and WHEREAS, religious organizations are hereby classified separately and excepted from the payment of periphery street fees as required in Appendix B, Section 2 (B) ( 14) ( f) of the Grapevine Code of Ordinances. Now, Therefore, Be It Ordained by the City Council of the City of Grapevine, Texas . Section l . This Ordinance Shall be cumulative of all other ordinances of the City of Grapevine, Texas and shall not repeal or amend 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, in which case the provision of this ordinance shall control . The findings of the City Council contained in the preamble to this ordinance are I� hereby incorporated into this ordinance as though they were � copied in their entirety herein. Section 2 . That Appendix B, Section 2 (B) (14) is hereby amended by the addition of a new subsection (g) , which shall �read as follows: " The rovisions contained in Section �g ) P t he a ment of f re uirin p Y 2 (B) (14) ( ) q 9 periphery street fees shall not apply to � real property owned and used by religious ; organizations . To qualify as a religious i organization for the purposes of this section, an organization (whether operated by an individual, as a corporation, or as an association) must: i (1) be organized and operated primarily for ithe purpose of engaging in religious worship or promoting the spiritual development or 4 well-being of ind.ividuals; � (2 ) be operated in a way that does not result in accrual of distributable profits, ', realizaton of private gain resulting from �'� • payznent � of compensation in excess of a � reasonable allowance for salary or other compensation for services rendered, or f �� realizaton of any other form of private � gain; and ( 3 ) by charter, bylaw, or other regulation ' n to overn its or anizatio g adopted by the g affairs: (p,) pledge its assets for use in performing the organization ' s religious functions; and I�i (B) direct that on discontinuance of the organization by dissolution or otherwise the assets are to be transferred to the State of Texas or to a charitable, educational, religious or , similar organization that is qualified as a charitable organization under Section 501(c) (3 ) Internal Revenue Code of 1986, as amended. The real property owned by the religious f organization which qualifies under this � subsection must be used primarily as a place � of regular religious worship and is `�"� reasonably necessary for engaging in � religious worship or is reasonably necessary � for use as a residence (but not more that one acre of land for each residence) if the property: (A) is used exclusively as a residence for those individuals whose principal occupation is to serve in the clergy of the religious organization; and (B) produces no revenue for the religious organization. For the purposes of this subsection, "religious worship" means individual or group ceremony or meditation, education, and fellowship, the purpose of which is to , manifest or develop reverence, homage, and commitment in behalf of a religious faith. " Section 4. The religious organization must have received a corporate charter as a non-profit Texas corporation and qualify as an exempt organization under the Internal Revenue "' Code of 1986, Section 501(c) (3 ) , or meet and satisfy all the � conditions and criteria necessary to 'pecome a non-profit Texas corporation and an exempt organization under the Internal Revenue Code of 1986 . The applicant shall furnish all requested and necessary documentation to satisfy the , requirements of this subsection and the City shall be the final judge of whether the organization qualifies as a religious i organization. Section 5. 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 this Ordinance . despite such invalidity, wh'ich remaining portions shall remain in full force and effect . 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, k Texas, creates an emergency for the immediate preservation of � the public business, property, health, safety and general i �..� welfare of the public which requires that this Ordinance become i effective from and after the date of its passage, and it is accordingly so ordained. -2- PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of ,T„nP , 1988. APPROVED: � ,�,_...� —��- Mayor �°� ATTEST: ' City Secretary APPROVED AS TO FORM: ,��'�� .;.:.��,�--:� �� _�>1��. �-� City Attorney ::�_� � � , � � ,�,.r;� I �f � ! �� , -3-