HomeMy WebLinkAboutOrdinances (O-88-682)-07/19/1988
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ORDINANCE NO. 0-88-682
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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.
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11 NOW, BE IT ORDAINED
i i COLLEYVILLE, TEXAS:
THE
CITY
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COUNCIL
THE
CITY
OF
OF
BY
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Sec. 1: That Part 1 of Section 6 of Chapter 9 of the
Colleyville Code be amended to read as follows:
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"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:
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(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.
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(b) A perimeter street, or portion thereof,
consistent with the City's Master Plan.
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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
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Ordinance 0-88-682
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II Sec. 2:
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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.
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Ordinance 0-88-682
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AND IT IS SO ORDERED.
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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.
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ATTEST:
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CITY OF COLLEYVILLE
City Secretary
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91 g1--~ . ;fifm~1
jJ . R. "Buck" Hubbard
Mayor
APPROVED AS TO FORM AND LEGALITY:
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ROSS~ Fos er--~
City Attorney
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