Loading...
HomeMy WebLinkAboutOrdinances (O-04-1469)-07/20/2004 i I . i I I I I I I I 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. I I I 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, I , I I i I I WHEREAS, I 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 / / Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney