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HomeMy WebLinkAboutORD 1986-047 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 86-47 AN ORDINANCE AMENDING APPENDIX B, S'ECTION 2, SUB- SECTION (B)(14) OF THE CITY CODE RELATING TO SUBDIVI�ION ENGINEERING PLANS; REPEALING ALL INCONSISTENT ORDI- NANCES; PROVIDING A �EVERABILITY CLAUSE; DECLAIZ.ING �_..rA AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a substantial amount of development by subdividers ' occuring within the City of Grapevine; and � WHEREAS, it is in the best interest of the residents of the City of Grapevine to provide that subdividers be responsible for paving the streets in and around each development; and WHER.EAS, the City Council has devised a fair and impartial method by which each subdivider will pay for that portion of paving for which he should be fairly responsible; and find� and determines that the provisions of this ordinance are in the best interest of the health, safety, morals and betterment of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED B�' THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the findings contained in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this ordinance as if copied in their entirely. Section 2. That Appendix B, Section 2, Subsection (B)(14) of the City Code is hereby amended in the following particulars and all other sections, subsections, paragraphs, definitions, words and phrases are not amended but are �.,� hereby ratified, verified and affirmed: "(f) Where the proposed subdivision is located adjacent to a substandard road or street and it is deemed not feasible to improve said road or street at the time of development of the subdivision, the subdivider shall pay to the city a fee equal to one- half (1/2) the cost of improvements required to meet city standards (including, but not limited to, excavation, subgrade preparation, paving, drainage facilities, utility adjustments and engineering) and dedicate the necessary right-of-way for said road or street as a condition precedent to the acceptance of the subdivision improve- ments by the city for maintenance purposes. No Building Permits will be issued until all fees have been paid. The estimate of the cost of said improvement shall be determined by the Director of Public Works and made available to the subdivider. The fee shall be placed by the City into a Street Improvement Escrow Fund, and shall be specifically reserved and used for the improvement of said road or street. When a thoroughfare is improved adjaeent to a subdivision for which a street improvement fee was collected from the subdivider, there shall not be a curb and gutter assessment levied by the City against the property for which said fee was collected. If the improvement to saic3 road or street does not occur within a twenty (20) year period from the date the fee is so placed on deposit with the City, said fee, including any earned interest thereon, shall be returned to the property owners of record at that time." Section 3. All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed to the extent of the inconsisteney or conflict. 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 unconstituional 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 Clity of Grapevine, Texas, creates an emergency for the immediate preservation of the � public business, property, health, safety, and �eneral 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. DATED this the 5th day of August , 1986. ,� > �--�2 .�..Q Mayor Pro Tem, City of Grapevine, Texas ATTEST: ��,�. City Secretary, City f Grapevine, Texa� [S�,AL] � APPROVED: � City Attorney, City of Gr evine, Texas �> �� - 2 -