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
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ORD. NO. 2000-51 3