HomeMy WebLinkAboutOrdinances (O-88-689)-09/20/1988
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ORDINANCE NO. 0-88-689
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AN ORDINANCE AMENDING PART I OF SECTION 6 OF CHAPTER 9 OF THE
COLLEYVILLE CODE BY RESTRUCTURING THE FORM OF SAID PROVISION,
REPEALING THE REQUIREMENT OF ESCROW DEPOSITS FOR ONE LOT
RESIDENTIAL SUBDIVISIONS, PROVIDING FOR THE REFUND OF COLLECTED
ESCROW ON ONE LOT RESIDENTIAL SUBDIVISIONS, ADDING REQUIREMENTS
FOR STORM DRAINAGE FACILITIES, AND PROVIDING SEVERABILITY
CLAUSE.
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WHEREAS, the Council deems a reorganization of the prov~slons
of Part I of Section 6 of Chapter 9 of the
Colleyville Code will clarify the Council's
intention, and
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WHEREAS, the City has been collecting escrow deposits for one
lot residential sUbdivisions, and
WHEREAS, the city has determined it is unlikely that any curbs
or gutters, for which escrow deposits have been
collected on one lot residential subdivisions or
which will be collected in the future, will ever be
constructed, and
WHEREAS, the Council deems it is in the best interest of the
City to remove the requirement of escrow for one lot
residential subdivisions and to refund previously
paid escrow on one lot residential subdivisions to
the current owner of said one lot sUbdivision,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
17 OF COLLEYVILLE, TEXAS:
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Sec. 1:
That Part I of Section 6 of Chapter 9 of the
Colleyville Code be amended to read as follows:
I'I . IMPROVEMENTS TO PERIMETER STREETS AND
UTILITIES
(1) Required Improvements
(a) General Requirement
If a subdivision is adjacent
to a street or storm drainage facility not
meeting current City standards and
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specifications, such street or storm drainage
facility shall be reconstructed to current City
standards at the Developer's sole expense.
(2) One Lot Residential Subdivision
Exception
If a subdivision consists of only one
lot, is to be used for residential purposes only
and the Developer does not own any contiguous
unplatted property, no improvement of streets or
storm drainage facilities shall be required.
However, no building permit or certificate of
occupancy shall be issued on said lot other than
for residential purposes unless the applicant
complies with the General Requirement for
improvements set out in Part (1) (a) hereof or
obtains a waiver as is hereinafter set out.
(3) Waiver
(a) Construction
The Developer may apply to the
City Council for a waiver of the General
Requirement set out in Part (1) (a) hereof. No
waiver shall be granted by the City Council
unless the City Council finds that the current
perimeter street and storm drainage facilities
or the proposed improvements to the perimeter
street and storm drainage facilities by the
Developer result in the following:
(i) A width, alignment, type and
nature of pavement surface which is sufficient
to assure 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
engineering standards established by the City if
the safe, effective and orderly movement of
traffic in and about the subdivision is insured.
(ii) A perimeter street, or a
portion thereof, and storm drainage facilities
consistent with the City's Master Plan.
In order to secure the aforesaid waiver, the
Developer may propose construction,
reconstruction, alteration, realignment, or
other modifications to the perimeter street and
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Sec. 2:
Sec. 3:
storm drainage facilities and the City Council
shall condition the aforesaid waiver upon the
completion of the improvements proposed by the
Developer and considered by the Council in
making the above required fact findings.
(b) Escrow
The City council may grant a
waiver to the Developer of the General
Requirement set out in Part (1) (a) hereof,
conditioned upon the deposit in escrow of one-
half of the cost of construction of the
perimeter street and storm drainage facilities
at a time designated by the City Council. Any
escrow, without interest, shall be applied
against any assessment for improvements levied
on such property, but shall not be deemed to
release such property from liability for any
costs assessed which exceed the escrow.
(4) Plans Required
Where the Developer is required to
construct improvements pursuant to the
provisions hereof or where the Developer seeks a
waiver of said required improvements from the
City Council, preliminary plans for the
improvements shall be submitted to the Planning
and Zoning commission for study and approval.
Whether the Developer is required to install the
entire street section or receives a waiver
allowing either partial construction or escrow,
the Developer shall file detailed construction
plans of the complete street section with the
submission of the final plat in the same number
of copies as required for the final subdivision
plat. Failure to submit said complete street
section plans may result in denial of the plat."
The City staff is hereby directed to determine and
identify the lots on which the City maintains an
escrow for one-half of the cost of curbs and gutters
collected pursuant to the terms of Part I, Section 6,
of Chapter 9 of the Colleyville Code and to pay said
sums to the current owner of the lot on which the
escrow is maintained.
If any provision, section, sentence or clause or
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f) -g t - & ! r
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phrase of this ordinance, or the application of same
to any person or set of circumstances is for any
reason held to be unconstitutional, void, invalid, or
for any reason unenforceable, the validity of the
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 co11eyvi11e 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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AND IT IS SO ORDERED.
The f~t reading and~~~1~:_~aring being conducted on the
II; I day of ~ ' 1988.
Th~ itcond readi,nw.. a~ pulj~ic hearing being conducted on the
~ I day of ~ ' 1988.
The t~d reading ~~ ~u~ic~~~ring being conducted on the
cJo I day of ~ ' 1988.
CITY OF COLLEYVILLE
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Mayor
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