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HomeMy WebLinkAboutOrdinances (O-83-500 E)-12/31/1983 1 2 3 4 5 6 7 II I I i ~~J \D-l ~, )..uO~' ~ ORDINANCE NO. 0-83-500 E J AN ORDINANCE AMENDING CHAPTER 9 OF THE COLLEYVILLE CITY CODE BY, ADDING AN ADDITIONAL SECTION 6.I~ REQUIRING CERTAIN SUBDIVISION IMPROVEMENTS TO UTILITIES AND STREETS ADJACENT TO SUCH! SUBDIVISIONS; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION~! AND DECLARING AN EMERGENCY. . WHEREAS, the City Council of the City of Colleyville, Texas, desires to provide for the construction improvement of all public utilities within and adjacent to proposed subdivisions~ 8 WHEREAS, certain subdivision developments have been proposed! which are adjacent to substandard streets; and, 9 10 11 12 13 WHEREAS, the de vel 0 pm en t 0 f sa ids u b d i vis ion wit h 0 u t the improvement of the adjoining substandard streets would create a significant danger to the citizens of Colleyville and the public in general~ and, WHEREAS, it is necessary to pass this ordinance as an emergency in order to prevent the development of said subdivision without improving the adjacent substandard streets~ NOW, THEREFORE, II BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, 14 TEXAS: 15 Sec. 1. 16 17 18 19 20 21 22 23 24 25 26 THAT Chapter 9 of the Colleyville City Code be amended by adding thereto a new Section 6.I, which shall read as follows: "I. Improvements To Perimeter Streets and Utilities. If the subdivision is adjacent 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. As a condition to such waiver, the City Council may require the deposit of an escrow amount sufficient to pay for improvements of one- half of the street and all adjacent improvements, sub- ject to such oversize participation as the City may agree to under thi s section. Such escrow without interest, shall be applied against any assessment for improvements levied on such property, but shall not be. deemed to relieve such property from liability for any! costs assessed which exceed the escrow. Preliminary 1 1 2 3 4 5 6 7 8 9 10 11 Sec. 2. 12 13 14 Sec. 3. 15 i I I I, See. 4 . II il 16 17 18 19 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 each street, shall be filed with the submission of a final plat in the same number of copies as required for the final subdivision plat, and! failure to supply same shall be grounds for denial of the final plat. If participation and costs of construc- tion of oversize streets by the City is desired by the i subdivider, the subdivider may request the same and the City Council will consider each request on its individual merits prior to the construction. The City shall not be bound unless and until it enters into a written contract setting forth in detail the amount and extent of the City's participation. The City shall not participate in any costs of any street which is not ' either immediately adjacent to the City's property or which is oversized due to factors other than the pro- posed development. II Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Hundred Dollars ($200.00). Each and every day such violation continues shall con- stitute a separate offense and is punishable as such. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause of this ordinance as an alternative method of publication provided by law. The enactment of this ordinance as an emergency ordinance is necessary in order to prevent the creation of a significant public danger resulting from the development of subdivisions without improving adjacent substandard streets and this ordinance shall take effect immediately upon its passage. AND IT IS SO ORDERED. on the 20 The 21 22 23 24 25 I , I 26 and public on the 2 I -~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Approved as to Form and Legality: p L =-LJl~ pjsP-?;: 'Foset~ City Attorney 1 2 ATTEST 3 &l~~ 4 5 City Secretary 6 7 8 9 3 CITY OF COLLEYVILLE ~()~ Rob rt E. Neely Mayor