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HomeMy WebLinkAboutORD 2000-051 =,w ORDINANCE NO. 2000-51 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CITY CODE BY ADDING A NEW SECTION 16-15 PARKS & RECREATION, ADDING A PROVISION PROHIBITING ABOVE-GROUND UTILITIES IN ANY CITY PARKS; PROVIDING AN APPEAL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, all utilities, public and private, and all communications vendors are increasing at a rapid rate and utilizing the public rights-of-way and other public locations such as parks; and WHEREAS, the Parks & Recreation Staff is concerned that the proliferation of above ground utilities will not only damage the beauty and aesthetics of the City's parks system, but they can also constitute dangerous and attractive nuisances for children and adults as well; and WHEREAS, City Staff has recommended an amendment to the City Code prohibiting construction of above-ground utilities in City parks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble are found to be true and correct and are incorporated into this ordinance as if copied in their entirety. Section 2. That the City Code of Ordinances, Chapter 16, Parks and Recreation is hereby amended by adding the following new subsection, 16-15 relating to construction of utilities in parks: "16-15. Above Ground Utilities (Public or Private) Prohibited in Public Parks. (a) It shall be unlawful to construct, own, operate or maintain any utilities, utility facilities, or utility related facilities (public or private) in a public park, as defined in Section 16-5, above ground, except as otherwise provided herein. This provision does not apply to utilities, utility facilities, or utility related facilities constructed prior to the effective date of this ordinance. (b) Any party may appeal the applicability of this section to the City Manager on the grounds that the enforcement of this ordinance would be an unnecessary hardship, provided such appeal is made in writing to the City Manager within ten (10) days of the occurrence on which the appeal is based. The City Manager shall only grant an appeal of the applicability of this section based on a showing that these requirements are contrary to the applicant's preexisting legal rights or result in unreasonable hardship. The City Manager's decision shall be in writing and is final." Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which an offense occurs or continues. 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 shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2000. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff City Secretary ORD. NO. 2000-51 2 APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney • ORD. NO. 2000-51 3