HomeMy WebLinkAboutORD 1991-087 �� CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 91 -87
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AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING
APPENDIX B - SUBDIVISIONS, SECTION 2(B) 14(f) , RELATING TO
PROVIDING FOR INSTALLMENT PAYMENTS OF PERIPHERY STREET
FEES DUE FOR SINGLE LOT SUBDIVISIONS THAT ARE CLASSIFIED
WITHIN THE COMMERCIAL AND INDUSTRIAL ZONING
CLASSIFICATIONS; REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY OF A FINE 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;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That Appendig B - Subdivisions, Section
2(B) 14(f) is amended by adding new Section 2(B) 14(f)7 relating
to providing for installment payments of periphery street fees
due for single lot subdivisions with classifications within
�° � commercial or industrial zoning classifications as follows :
"Subject to the approval of the City Council, with
��`* respect to a subdivision consisting of one lot (the
"Property") that is to be platted or replatted with a
classification within the commercial or industrial
district zoning classifications where it is determined by
the City of Grapevine (the "City") that periphery street
fees are due, if such total fees are no less than $20, 000
or more than $100, 000, these fees shall be paid to the
City in yearly installment payments of no less than
$10, 000 per principal payment over a period of time that
shall not egceed five (5) years . The initial instal�ment
payment of principal shall be due and payable at the time
the initial building permit is issued and all subsequent
installment payments of principal and accrued interest
shall become due and payable on each anniversary date
thereafter. To ensure these installment payments are
received by the City, the applicant for the subdivision
plat or replat shall enter into a contract (including a
Note and Deed of Trust) with the City setting forth the
terms of payment, which shall bear interest at a rate to
be determined by the City, not exceeding the legal limit
allowed by law. To secure these payments, the applicant
��� shall file a payment bond payable to the City in the
total amount of the periphery street fee due, effective
for the total installment payment period of time.
�,, Further, to secure these payments, the applicant shall
��.� grant to the City a first and prior lien against the �
Property to secure the payment of all principal, accrued 1
interest, eapense of collection and reasonable attorney' s ;
fees, if incurred. Regardless o�f any default by the j
`"�" applicant and upon the prior written notice of .
acceleration to the applicant, the City may declare the
entire unpaid principal amount and any accrued interest �
due and payable within one hundred eighty (180) days from �
the notice of acceleration. Provided the City shall &
commence the construction or repairs contemplated by this �
Ordinance within two (2) years from the date of the �
notice of acceleration. In the event of the default in '
the payment of any sums due from applicant to City, the 4
City may declare all sums (including principal and
accrued interest) immediately due without demand or
notice by the City to the applicant. "
Section 2 . That all ordinances or any parts thereof in
conflict with the terms of this ordinance shall be and hereby �
are repealed and of no force and 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, Tezas, 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 or nolo contendere, or dismissal. �
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Section 3 . Any person 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 a sum '
not to ezceed five hundred dollars ($500 . 00) and a separate
offense shall be deemed committed upon each day during or on �
which a violation occurs or continues. ;
Section 4 . If any section, article, paragraph, �
sentence, clause, phrase or word in this ordinance, or
application thereto is declared invalid by a Court of competent �
jurisdiction, such holding shall not affect the validity o� the ,
remaining portions of this ordinance, and the City Council k
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, Tezas, are inadequate to �
properly safeguard the health, safety, morals, peace and �
general welfare of the inhabitants of the City of Grapevine, ;
Tegas, 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.
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ORDINANCE - 2 - 1000v
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Section 6 . The provisions of this ordinance shall
become effective from and after final passage and approval, and
it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on first reading on this the 17th day
of December , 1991.
_/
Mayor
ATTEST:
cc w
City ecretary
[Seal]
APPROVED AS TO FORM:
" City Attorney
ORDINANCE - 3 - 1000v