HomeMy WebLinkAboutORD 1994-076 ��,,,�
ORDINANCE NO. 94-76
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES BY AMENDING APPENDIX E,
CONSTRUCTION STANDARDS, ARTICLE i, ITEM 1 .5.1,
INSPECTION FEES, RELATIVE TO THE CITY IMPOSING
DRAINAGE INSPECTION FEES UPON RESIDENTIAL
DEVELOPMENT AND SWIMMING POOL CONSTRUCTION
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 (S500.00) 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 Staff has received numerous complaints from property
owners throughout the City relative to lot to lot drainage impacts from adjoining
�� properties, and
WHEREAS, the decision to implement a lot to lot drainage policy and program
has revealed the need for a full time Drainage Inspector to carry out the goals of the
program and policy, and
WHEREAS, the City's lot to lot drainage program includes providing initial and
periodic inspection and consultation services to developers, residential builders and
swimming pool builders, as requested, in addition to plan review and final inspection,
and
WHEREAS, the cost of funding this Drainage Inspector 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:
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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 for single family residential and duplex
development, as well as a Swimming Pool Permit Application, shall be charged
a Drainage Inspection Fee in an amount of 5 150 per lot 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 or
swimming pool 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."
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 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 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.
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 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 20th day of September , 1994.
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ORD. NO. 94-76 2
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APPROVED:
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William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
,.., � `�_ _.���p--L-
John F. Boyle, Jr.
City Attorney
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ORD. NO. g4-76 3