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HomeMy WebLinkAboutORD 1989-058 ORDINANCE NO. 89-58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING APPENDIX E OF THE GRAPEVINE CITY CODE RELATING TO CONSTRUCTION STANDARDS BY AMENDING ARTICLE I , ITEM 1 , PARAGRAPH 1 .5 . 1; BY ADDING A NEW PARAGRAPH 1 . 5 . 2 RELATING TO INSPECTION OVERTIME REIMBURSEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, KPMG Peat Marwick, the auditor for the City, has recommended the City adopt an official form by which developers donate fixed assets to the City; and WHEREAS, based upon the City auditor' s recommendation, the City' s Finance Department recommended the City Council adopt a resolution establishing a "Confirmation of Donated Assets" form which resolution was passed by the City Council on February 21 , 1989 and numbered Resolution No. 89-05; and WHEREAS, in order to incorporate the requirement of filing the "Confirmation of Donated Assets" form into the Grapevine City Code and to clarify when the form must be submitted, the City Council believes it is in the best interest of the City to amend the provisions of Appendix E of the Grapevine City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l . That all the matters stated in the preamble of �w this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2 . That Article I, Item 1 , paragraph 1 . 5 . 1 relating to inspection fees of Appendix E of the Grapevine City Code relating to Construction Standards is hereby amended in its entirety to read as follows: "1 . 5 . 1 . Inspection fees: The subdivider shall be charged a design review and inspection fee of the facilities as listed in section 1 .5 of an amount equal to five (5) per cent of the construction costs of the utilities, storm drains and streets in each subdivision. Prior to acceptance of the subdivision and approval of construction by the City, the subdivider shall file copies of the executed construction contracts with the director of public works, for a determination of the actual amount of the fee to be assessed against the subdivider, and the subdivider shall execute and file a Confirmation of Donated Assets statement in the form approved by City Resolution No. 89-05, as the same may '�N1' be amended from time to time. " Section 3 . That Appendix E, Article I, relating to Construction Standards is hereby amended by adding a new paragraph 1 . 5 .2 entitled Inspection Overtime Fees to read as follows: "1 . 5 . 2 . Inspection overtime reimbursement: The contractor may undertake work only between 7 : 00 a.m. and 7 : 00 p.m. on Monday through Saturday except in the case of urgent necessity in the interest of public safety. 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 and Holidays may only by undertaken if the contractor signs the necessary forms committing to reimburse the City of Grapevine for overtime costs of $25 . 00 per hour due to the inspection activities required by the work underway with a guaranteed minimum of four (4) hours overtime �`�� on Saturdays 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 4 . 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 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 public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AN APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of September , 1989 . �,,, APPROVED: ;�>,��')� �_. Wil iam D. Tate Mayor ATTEST: � inda Huff City Secretary APPROVED AS TO FORM: /���d�- ' A rienne C. Leonard City Attorney �rw�►