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HomeMy WebLinkAboutOrdinances (O-88-682)-07/19/1988 1 fJ~ (p - ;j!/n p."., ~ '{ Ii 2 ORDINANCE NO. 0-88-682 3 II AN ORDINANCE AMENDING PART 1 OF SECTION 6 OF CHAPTER 9 OF THE COLLEYVILLE CODE BY PROVIDING THAT THE COUNCIL MAY IMPOSE SUCH CONDITIONS ON THE WAIVER OF THE CONSTRUCTION OF PERIMETER STREETS AS ARE NECESSARY TO INSURE THE SAFE, EFFECTIVE, AND ORDERLY MOVEMENT OF TRAFFIC; REQUIRING CONSTRUCTION OF PERIMETER STREET; ALLOWING ESCROW OF THE COST OF ONE-HALF OF THE STREET OR CONSTRUCTION OF IMPROVEMENTS AND PROVIDING SEVERABILITY CLAUSE. 4 5 I! il II II II 11 NOW, BE IT ORDAINED i i COLLEYVILLE, TEXAS: THE CITY 6 7 COUNCIL THE CITY OF OF BY 8 9 Sec. 1: That Part 1 of Section 6 of Chapter 9 of the Colleyville Code be amended to read as follows: 10 "I f the subdivision is adj acent to a street or storm drainage facility not meeting current City standards and specifications, such street or storm sewer shall be reconstructed to current standards at the Developer's sole expense unless the Developer secures a waiver in writing from the City Council. The grant of a waiver by the City Council shall be condi tioned upon a finding by the City Council that the current perimeter street or the proposed improvements to the perimeter street by the Developer result in the following: 11 i I i I ~ I! II I: !I !I I! i I II II II II I I I II Ii ,I I: " Ii Ii Ii I' iI I I' 11 II :! I II II II 1 12 13 14 15 (a) A width, alignment, type and the nature of pavement surface which is sufficient to insure the safe, effective, and orderly movement of traffic in and about the subdivision. This width shall be limited to one-half of the street section according to the Engineers standards established by the City where the safe effective and orderly movement of traffic in and about the subdivision is insured. 16 17 18 19 20 (b) A perimeter street, or portion thereof, consistent with the City's Master Plan. 21 In order to secure the aforesaid waiver, the Developer may propose construction, reconstruction, alteration, realignment, or other modifications to the perimeter street and the City Council shall condition such waiver upon the completion of the improvements 22 23 24 25 26 Ordinance 0-88-682 1 i I I II I 2 3 4 5 II II I I, Ii I 'I Ii Ii i! Ii il !i! I d ii II 'I I; jl Ii II I I. I 6 7 8 9 10 11 12 13 14 15 I ! , i I I I I ,I II Sec. 2: 16 17 18 19 20 I I' II I! II i' II I II II II II p !I \ ' II 11 II 21 22 23 24 25 26 proposed by the Developer and considered by the Council in making the above required fact findings. Additionally, the City Council may grant a waiver to the developer conditioned upon the deposit in escrow of one-half of the cost of construction of the perimeter street. Any escrow, without interest, shall be applied against any assessment for improvements levied on such property, but shall not any costs assessed which exceed the escrow. Preliminary plans for the improvement shall be submitted to the Planning and Zoning Commission for study and approval if acceptable. Detailed construction plans, including a plan and profile for the complete street, shall be filed with the submission of a final plat in the same number of copies as required for the final subdi vision plat, and the final plans may be denied if such plans are not submitted. Provided, however, if the subdi vision consists of only one lot, is to be used for residential purposes only and the developer does not own any contiguous unplatted property, the developer shall escrow with the City only the cost of curbs, gutters, and driveway aprons immediately abutting the property. Plans for the improvement of the roadway shall not be required of the Developer, however, failure to provide adequate provisions for the payment of the cost of curbs, gutters, and driveway aprons shall be grounds for denial of the final plat. No building permit or certificate of occupancy shall be issued in said subdi vision other than for residential purposes unless an amount sufficient to pay one-half of the costs of all street and adjacent improvements when added to the amount previously paid hereunder is escrowed with the City. If any provision, section, sentence or clause or phrase of this ordinance, or the application of same reason held to be constitutional, void, invalid, or remaining portions of this ordinance or its application to other person or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Colleyville in adopting this ordinance that no portion hereof nor provision or regulation contained herein become inoperative or fail by reason of any unconstitutionality or invalidity or any other portion or regulation. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-88-682 1 2 3 AND IT IS SO ORDERED. 4 The first reading and public hearing being conducted on the 21st day of June, 1988. The second reading and public hearing being conducted on the 5th day of July, 1988. The third reading and public hearing being conducted on the 19th day of July, 1988. 5 6 7 8 9 ATTEST: ~~~:nQ~ CITY OF COLLEYVILLE City Secretary i\ r IU ~ 91 g1--~ . ;fifm~1 jJ . R. "Buck" Hubbard Mayor APPROVED AS TO FORM AND LEGALITY: z.-;~ ROSS~ Fos er--~ City Attorney 3