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HomeMy WebLinkAboutORD 1995-050 ORDINANCE N0. 95-50 � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING APPENDIX E, CONSTRUCTION STANDARDS, ITEM 1 .5.1, INSPECTION FEES, OF THE CITY CODE OF ORDINANCES, RELATIVE TO THE CITY IMPOSING DRAINAGE INSPECTION FEES UPON ALL DEVELOPMENT WITHIN THE CITY; AUTHORIZING THE IMPOSITION OF SAID FEES; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS (5500.00) 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 � WHEREAS, The City Council adopted a Lot-to-Lot Drainage Program on October 6, 1994 for residential and duplex developments; and �. WHEREAS, since that time, the City Staff has received complaints from non- residential and non-duplex property owners throughout the City relative to lot to lot drainage impacts from adjoining properties; and WHEREAS, the City's current lot to lot drainage program which includes providing initial and periodic inspection and consultation services to developers and builders, as requested, in addition to plan review and final inspection, addresses single family and duplex development; and WHEREAS, it is desirable to expand the scope of the lot to lot drainage inspection program to encompass all types of development within the City to provide a broader scope review and inspection of lot to lot drainage issues; and WHEREAS, the cost of funding this expanded scope of drainage inspection should be borne by the participants in development for whom the drainage inspection services are being provided. � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: �w ��,� Section 1 . That Appendix E, Construction Standards, Item 1 .5.1 , Inspection Fees, of the Grapevine Code of Ordinances, is hereby amended by the addition of the following paragraph: �� "The individual Building Permit Applicant shall be charged a Drainage Inspection Fee for: 1) the review of lot to lot drainage plans submitted at time of building permit application; 2) the comparison of the proposed lot grading and drainage plan with the lot grading and drainage plan included in the construction plans of the subdivision; and 3) final inspection of the lot grading at the time of completion of the building and application for final approval to insure that the drainage is collected and conveyed within the guidelines of the lot to lot drainage program and policies of the City of Grapevine. Drainage Inspection Fees shall imposed for each individual Building Permit Application as follows: Single Family and Duplex $ 150 Swimming Pools S 150 All remaining classifications .�.::� of Development $ 250 < 1/2 Acre S 350 1/2 Acre to 1 Acre $ 450 > 1 Acre" � Section 2. That the City Manager, or his agent, is hereby authorized to impose said drainage inspection fees upon development within the City of Grapevine. 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 atl 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 Five Hundred Dollars ($500.00) 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 iwrw► validity of the remaining portions of this ordinance; and the City Council hereby ORD. N0. 95-50 2 „��„ 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 address the imposition of the lot to lot drainage policies and subsequent drainage inspection fees 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 18th day of July , 1995. APPROVED: William D. Tate Mayor ,���, ATTEST: � � i a Huff City Secretary APPROVED AS TO FORM: /' .`�_. , John F. Boyle, Jr. City Attorney � � ORD. NO. 95-50 3