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Home My WebLink AboutORD 1985-058 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 85-58 AN ORDINANCE AMENDING APPENDIX B, SECTION 2, SUB- SECTION (B)(14) OF THE CITY CODE RELATING TO SUBDIVISION ENGINEERING PLANS; REQUIRING PAYMENT FOR IMPROVE- MENTS BY SUBDIVIDERS; PROVIDING FOR THE RETENTION OF IMPROVEMENT FEES IN ESCROW ACCOUNTS; REPEALING ALL INCONSISTENT ORDINANCES; PROVIDING A SEVERABILITY ""�""' CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTNE DATE. �rr 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 WHEREAS, 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 finds and determines that the provisions of this ordinance are in the best interests of the health, safety, morals and betterment of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY 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 entirety. 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: � "(14)(a) Prior to the filing of the final plat the subdivider shall submit to the city planning commission engineering plans prepared, signed and sealed by a registered professional engineer. The engineering plans shall be filed with the public works department of the city at least seven (7) days prior to the filing of the final plat. These plans shall make adequate provision for all surface and storm drainage within and across the subdivision; shall provide for the construction of a water distribution system including fire hydrants, adequate to serve the subdivision with water with adequate pressure for fire protection, domestic consumption and/or light commercial use together with such mains as may be required to connect with the existing system; shall provide for a sanitary sewer system adequate to serve each lot or building site within the subdivision and shall provide for the construction of such other improvements as may be required. The subdivider will be required to pay the full cost of all public improvements. Subsequent to the approval of the final plat, detailed construction plans which shall conform to the provisions of this subsection (14) and to the provisions of Ordinance No. 82-75 of the City of Grapevine, Texas [Appendix E of this Code], relating to construction standards shall be submitted to the director of public works of the city for approval prior to the commencement of construction. (b) The subdivider shall pay for all costs of street paving �'""' within its proposed subdivision and, in addition thereto, the subdivider shall 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 inadequate or substandard according to said thoroughfare plan and pavement standards. (c) Minor and collector streets as designated on the thoroughfare plan shall be constructed to the full width required by the thoroughfare plan. Arterial streets as designated on the thoroughfare plan shall be constructed with a minimum of two (2) traffic lanes. Included in the improvement of the said existing road or street shall be right-of-way dedication, sidewalks, storm drainage, and all necessary appurtenances to bring said road or °� street to current City of Grapevine standards. (d) The city will enter into a refunding agreement approved by the city attorney whereby any street assessment funds collected by the city for improvements to a specific road or street will be refunded to the subdivider, where the subdivider has paid for improvements to said road or street. (e) When paving streets or making necessary improve- ments, the subdivider shall be required to follow the sealed bid procedures applicable to cities pursuant to Tex. Rev. Civ. Stat. Ann. Art. 2368a and Art. 2368a.3. (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 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 ri�ht-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 improvements 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 adjacent 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 said 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 inconsistency 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 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. 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 become effective from and after the date of its passage and it is accordingly so ordained. -2- DATED this the 24th day of Sept�nber , 1985. ti�� ayor, City of Grapevine, ��xas ATTEST: �� Q�'�C-P�+� City Secretary, C ty of Grapevine, Texas [SEAL] APPROVED: City Attorney, City of Grap ine, exas � -3-