HomeMy WebLinkAboutOrdinance No. 2008-27 (Title: An ordinance amending the City Code and subdivision regulations of the city by
deletinglamending the provisions pertaining to the Design Criteria Manual.)
ORDINANCE NO.2008-27
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AN ORDINANCE AMENDING CHAPTER 70 "STREETS" AND
APPENDIX B "SUBDIVISIONS", SECTION V, OF THE FRIENDSWOOD
CITY CODE, BY DELETING AND AMENDING PROVISIONS
PERTAINING TO THE DESIGN CRITERIA MANUAL; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING
FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
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Section 1. The Code of Ordinances of the City of Friendswood, Texas, Chapter 70I
"Streets, Sidewalks and Other Public Places," is hereby amended by deleting section 70-1 asl
follows:
"See. 70 1. Design Criteria Manual.
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Section 2. City of Friendswood, Texas, Ordinance No. 2000-01, as amended
originally adopted the 17th day of December, 2000, same being Appendix B of the Friendswood
City Code, same also being an ordinance providing rules and regulations governing plats and the
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subdivision of land, is hereby amended by amending Section V as follows:
"Section V.Required improvements.
a. General.
4-. a. When a preliminary plat of a subdivision has been approved, the developer shall submit to I
the city engineer,plans and specifications for all improvements pertinent to said subdivision. The'
city engineer shall, within 30 days of receipt of said plans and specifications, approve same if
they conform to the requirements of these regulations and the current design criteria, or,
disapprove same giving its reasons therefor in writing to the subdivider. Thereafter, when the'
subdivider has met the objections, if any, the city engineer shall approve the plans andl
specifications and forthwith deliver same to the subdivider, his agent or his engineer.
b. Before beginning any construction of the improvements required by this ordinance:
[appendix], three complete sets of plans, specifications and contracts including performance,
payment and maintenance bonds covering said construction, shall be filed with the city. These,
shall show such features as required by the current design criteria.
3. c. All public infrastructure improvements within all of the area of any subdivision or portion
thereof given final approval by the commission, shall be inspected and accepted by the city
before the plat is filed of record.
4.- d. All improvements shall be designed and constructed in conformity with the provisions of
these regulations and the current design criteria of the city. No construction shall be commenced
until these regulations are complied with. It shall be the duty of the subdivider or his engineer t
see that this provision is complied with in its entirety.
-. e. The subdivider, owner, and the design engineer responsible for the design improvements
shall have the obligation upon acceptance of the preliminary plat by the City of Friendswood to
grant the city engineer or his authorized representative the right of ingress and egress for the
purpose of inspection of the facilities under construction. If at any time during the construction
of the proposed improvements the city engineer or his authorized representative finds the
improvements not to be in conformance with the plans and specifications of the proposed
improvements and the City of Friendswood subdivision ordinance or current design criteria, the
city engineer or his representative will hereby be given the authority to cause the subdivider,'
owner, and the design engineer for the improvements to cease all operations within the property
boundaries of the approved plat until all deficiencies are corrected to conform to the City of
Friendswood subdivision ordinance and current design criteria.
f}f. Upon approval of the construction drawings by the city engineer, these drawings and
specifications shall become the minimum standards required for final acceptance of the
subdivision, provided, however, that in the case of conflict where the design criteria impose
greater requirements, then the design criteria will govern in this deficient specification; all other,
specifications being the same as had previously been approved by the city engineer.
g. The subdivider, owner or his engineer must furnish one certified complete set of as-built
drawings on the street, drainage and utilities in the subdivision before final acceptance. The
owner and the contractor must furnish to the city secretary, upon final acceptance of the
subdivision by the City of Friendswood, a maintenance bond for the duration of one year from
the date of final acceptance of the subdivision. The bond shall be for 100 percent of the present
worth of the installed utilities.
b. Adoption of minimum standards. The City of Friendswood design criteria manual; eurrent
appr-eved version, is adep.ea shall provide the Citv's technical details for infrastructure
Ord 2008-27 2
improvements and shall be undated from time to time and adopted by Resolution. The current
design criteria for the City of Friendswood for infrastructure improvements shall be complied
with in each subdivision before final approval of a plat by the commission. The design orkeria
pre-Ade additional teehnieal details and a eepy, as adepted ineluding any amendments thereto,
The current approved version shall be kept on file with the city secretary and the city engineer."
Section 2. Any person who shall violate any provision of this Ordinance shall be
deemed guilty of a misdemeanor and,upon conviction, shall be fined in an amount not to exceed
$2,000. Each day of violation shall constitute a separate offense.
Section 3. In the event any clause phrase,provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged
invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares
that it would have passed each and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 22"d day of September,2008.
PASSED,APPROVED, and ADOPTED on second and final reading this 6th day of
October,2008.
--OF ��
David J. ft. Smith
Mayor
ATTEST
OF FRIEIgOS
i �O
o
oris McKenzie, T
v
D l
City Secretary
�4TF OF
Ord 2008-27 3