HomeMy WebLinkAboutItem 14 - Amend City Code Chapter 20ITEM 0 , -1111ML.- ----
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER)W
MEETING DATE: JANUARY 21, 2003
SUBJECT: AMEND CHAPTER 20 STREETS, SIDEWALKS, AND OTHER
PUBLIC WAYS AND APPENDIX E CONSTRUCTION
STANDARDS
RECOMMENDATION:
City Secretary recommends the City Council adopt an ordinance amending the
Grapevine Code of Ordinances, Chapter 20 Streets, Sidewalks, and Other Public Ways,
Section 20-13.1(c)(3) Signs on rights-of-way and Appendix E, Construction Standards,
Section 1.5.2 Inspection and overtime reimbursement to correct clerical errors.
BACKGROUND:
On April 18, 2000, the City Council adopted Ordinance No. 2000-41, the Right -of -Way
Management Ordinance, in accordance with applicable Federal and State laws, as well
as the Texas Utility Code, Texas Civil Statutes, and the Local Government Code. At
that time, the City's Code of Ordinances was updated to include the Right -of -Way
Management Ordinance in Chapter 20, Article 1, with Sections 20-8, 20-9, 20-10, 20-11
and 20-24 deleted in their entirety. The remainder of Article I was then renumbered.
During the renumbering process, Section 20-17.1 should have been renumbered to
Section 20-13.1.
On November 19, 2002, the City Council adopted Ordinance No. 2002-85 amending
Appendix E Construction Standards relative to fees imposed upon development and
subdivision standards with a reference to Chapter 12, Section 12.5 Noise. Prior to that,
Chapter 12 Health & Sanitation was amended in its entirety by Ordinance No. 2002-58
(August 20, 2002) with all sections being renumbered. Therefore, Appendix E, Section
1.5.2 reference to Section 12.5 should be Section 12.87.
LH
January 13, 2003 (2:30PM)
... AI ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING CHAPTER 20 STREETS,
SIDEWALKS, AND OTHER PUBLIC WAYS, SECTION
20-13.1 SIGNS ON RIGHTS-OF-WAY; AND APPENDIX E
CONTRUCTION STANDARDS; REPEALING CONFLICTING
ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That Chapter 20 Streets, Sidewalks, and Other Public Ways, Section
t� 20-13.1 Signs on rights -of -ways is amended by amending subsection 20-13.1(c)(3) to
read as follows:
"(3) Fines for noncompliance. Violators of any provision of this subsection
20-4-713.1(c) shall be subject to the fines set forth in this Code and, in
addition, signs in violation of subsection 20-47-13.1(c) may be removed by
any agent or employee of the city and destroyed without liability to the City
or to its agents or employees."
Section 2. That Appendix E Construction Standards, Article I Standards of
Design, Section 1.5.2 Inspection overtime reimbursement be amended to read as follows:
1.5.2. Inspection overtime reimbursement: The contractor may undertake work
during working hours established in Section 42.5 12.87, Noise --Character,
Intensity, and Duration Detrimental to Health or Life, of the City Code of
Ordinances, as amended. Any work prior to 8:00 a.m. or after 5:00 p.m. on
Monday through Friday and between 7:00 a.m. and 7:00 p.m. on Saturday,
Sunday and holidays may only be undertaken if the contractor signs the
necessary forms committing to reimburse the City of Grapevine for overtime
costs of $45.00 per hour due to the inspection activities required by the work
underway with a guaranteed minimum of four hours overtime on Saturdays,
Sundays and holidays to justify the inspection activities on these days. By
signing the forms, the contractor commits to reimburse the city on a monthly
basis upon receipt of a monthly invoice from the city."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect
provided, however, that the ordinance or ordinances under which the cases currently filed
and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed
repealed only when all such cases filed and pending under such ordinance or ordinances
have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or
dismissal.
Section 4. Any person, firm or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor, and upon conviction in the Municipal
Court, shall be fined in an amount not to exceed the sum of Two Hundred Dollars
($200.00) for each offense and a separate offense shall be deemed committed each day
during or on which an offense occurs or continues.
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,
which 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 do not adequately regulate the traffic within the City creates an
emergency and the preservation of the public health, safety, and welfare requires that this
ordinance take effect immediately from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of January, 2003.
ATTEST:
ORD. NO. 2
h APPROVED AS TO FORM:
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