HomeMy WebLinkAboutOrdinance No. 2004-04 An ordinance amending the subdivision regulations of the city to allow the city manager
or his designee to approve amending plats.
ORDINANCE NO. 2004-04
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 2000-01, AS AMENDED, ORIGINALLY ADOPTED
THE 17TH DAY OF DECEMBER, 2000, BEING APPENDIX B OF THE
FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE
PROVIDING RULES AND REGULATIONS GOVEIZNING PLATS AND
THE SUBDIVISION OF LAND, BY STRIKING All OF PARAGRAPH 1
OF SUBSECTION g OF SECTION II THEREOF AND SUBSTITUTING
THEREFOR A NEW PARAGRAPH 1 OF SUBSECTION g, BY
STRIKING ALL OF PARAGRAPH 3 OTHER THAN SUB PARAGRAPH
(� THROUGH (j) OF SECTION 2 THEREOF SUBSTITUTING
THEREFORE A NEW PARAGRAPH 3 OF SUB-SECTION (g);
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
APPROVE AMENDING PLATS; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION
OF ANY PROVISION HEREOF; AND PROVIDING FOR
SEVERABILITY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. 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 subdivision of land, is hereby amended by striking from Subsection g
of Section II thereof all of paragraph 1 and substituting therefor the following:
g. Amending Plat
1.
T ���' `'�-,�------,�--` `'�a�. The Citv Manager or the City Manager's designee
shall have the authorit�pprove amending plats, without further action
of the Planning and Zoning Commission, as permitted bv Chapter 212 of
the Texas Local Government Code. The City Manager or designee shall not
have authoritv to disapprove anv such amending plat and shall be required
to refer anv nlat that the Citv Manager or designee refuses to approve to
the Planning and Zoning Commission. Nothing herein shall preclude the
City Manager or designee from electing to present the plat to the Planning
and Zoning Commission for approval.
Section 2. Said City of Friendswood, Texas, Ordinance No. 2000-01 is hereby
further amended by striking from Subsection g of Section II thereof all of paragraph 3 other
than subgaragraphs (g) through (j) and substituting therefor the following:
g. Amending Plat...
3. The e����ssie� Citv Manager or designee may approve an amending plat
�z that may be recorded and is controlling over the preceding or final plat
with a vacation of that plat, if the amending plat is signed by the applicants only ,
and the sole purpose of the amending plat shall be to:
(a) Correct an error in a course or distance shown on the preceding
plat;
(b) Add a course or distance that was omitted on the preceding plat;
(c) Correct an error in a real property description shown on the
preceding plat;
(d) Indicate monuments set after the death, disability, or retirement
from practice of the surveyor responsible for setting monuments;
(e) Show the location or character of a monument that has been
changed in location or character or that is shown incorrectly as to
location or character on the preceding plat;
(� Correct any other type of scrivener or clerical error or omission
previously approved by the City Manager, designee or Commission.
Such errors may include, but are not limited to lot numbers, acreage,
street names, and identification of adjacent recorded plats;...
Section 3. 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
$2000. Each day of violation shall constitute a separate offense.
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Section 4. 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 2"d day of February, 2004.
PASSED, APPROVED, and ADOPTED on second and final reading this 16th day of
February, 2004. r
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Kimball W. Brizendine
Mayor
ATTEST
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';la
loris McKenzie, TRMC
City Secretary
MOTION: COUNCILMEMBER MEL MEASELES
2ND: COUNCILMEMBER DAVID SMITH
APPROVED: UNANIMOUSLY
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