HomeMy WebLinkAboutOrdinances (O-04-1469)-07/20/2004
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I AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER
\14, ENGINEERING DESIGN STANDARDS, OF THE LAND DEVELOPMENT CODE,
1 AS AMENDED, REGARDING PRIVATE UTILITIES; PROVIDING A SAVINGS
I CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; AND AUTHORIZING PUBLICATION.
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I WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
I on April 18, 2000, to adopt the Land Development Code; and
II WHEREAS, the City Council of the City of Colleyville desires to amend certain portions
of the Land Development Code; and
\ WHEREAS,
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I WHEREAS,
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ORDINANCE 0-04-1469
notice of a hearing before the Planning and Zoning Commission was
published in a newspaper of general circulation in Colleyville at least 15
days before such hearing; and
notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its recommendation to the City Council for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 14, of the Land Development Code, as amended, is
hereby amended to insert a new Section 14-182, Private Utilities
Provisions, to read as follows:
Section 14-182 Private Utilities Provisions
A. Definitions - For purposes of this section, the following definitions
shall apply:
1. "Utility services" - The facilities of any person, firm, or
corporation providing electric, telephone, video and other
communication cables, including internet service, or any other
such item or service for public use, but not those provided by
the City of Colleyville.
2. "Electrical transmission line" - Those high voltage supply
electric lines that emanate from substations used to distribute
power through an area to an unspecified number of
customers.
3. "Lateral/distribution lines" - Those wires, cables or lines used
to provide service to an area of customers.
Ordinance 0-04-1469
Page 2 of 4
4. "Service lines" - Those wires, cables or lines used to provide
service between a lateral/distribution line to an end-user and
normally located on the property of the end-user.
B. Applicabilitv - This regulation shall be applicable to vacant-
unplatted or replatted properties subject to be developed for
subdivision, located within the corporate limits of the City of
Colleyville.
C. Requirement - From and after the effective date of this
Ordinance, all subdivision plats submitted to the City for approval
for a vacant unplatted property or created by a replat, shall
include construction plans that provide for private utility services,
including all lateral/distribution lines to be placed underground.
D. Construction Permit - Prior to construction of new private utility
infrastructure to serve new subdivisions, utillity companies shall
submit plans, showing the extent and location of construction, to
the City and receive a construction permit. No permit shall be
required in the event of an emergency in order to restore service.
The location of all new equipment shall be shown on the
construction plans.
E. Easements - Responsibility for obtaining or verification or all
easements shall be with the developer of the utility company
providing the private utility service. Easement locations and
widths shall be shown on the construction plans. Any changes
during construction shall be approved by the utility companies
and the City of Colleyville.
F. ExistinQ Overhead Services - Existing overhead lateral/distribution
lines and service lines located within the land proposed for
development must be relocated or placed underground to
accommodate the development, the developer is responsible for
relocation and placement of the lines underground.
G. New Services - Absent demonstration that subsection G will
cause a financial hardship or proof of other project constraints,
new overhead lateral/distribution lines and service lines shall be
placed underground within new subdivisions. Nothing herein
shall be construed as to require utilities to "underground" existing
or new electric facilities, nor prohibit the upgrading, reconstruction
or reconductoring of existing overhead facilities between
subdivisions or in the City's public rights-of-way..
H. ScreeninQ of Support Equipment - Support equipment, such as
Sec. 2.
Sec. 3.
Ordinance 0-04-1469
Page 3 of 4
transformers, amplifiers, switching devices, etc., necessary for
underground installations, shall be screened with live plant
material to provide a solid screen from view from public streets.
Screening shall be the responsibility and at the cost of the
developer. The location of the screening material shall be
coordinated with the utility companies to ensure safe and efficient
access to the equipment.
I. Cost Recovery - Nothing in these regulations shall prevent a utility
company from charging or recovering the costs associated for
compliance with these regulations. No utility company shall be
required to begin construction of underground facilities unless
and until the owner or developer has made arrangements with the
respective utility company for payment in accordance with that
respective utility's Tariff for Service and/or Line Extension Policy.
J . Temporary Service - A construction service may be provided by
overhead electric lines and facilities without obtaining a variance
or exception, provided that when the underground utility service
to any portion of a subdivision is completed, such overhead
electric lines and facilities are promptly removed.
K. Additional Standards - All utility installations regulated by this
section shall also conform to the standards for utility construction
contained in the Colleyville Land Development Code.
L. Waivers and Exemptions - The City Council may approve a
waiver or an exemption to a requirement of this section where it is
determined to be impractical or not in the best interests of the
public for strict compliance.
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
Ordinance 0-04-1469
Page 4 of 4
Sec. 4.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 5.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2004.
day of
The second reading and public hearing being conducted on the
2004.
day of
DENIED JULY 20, 2004
ATTEST:
CITY OF COLLEYVILLE
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Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney