HomeMy WebLinkAboutOrdinance No. 98-36'� , � . • � -
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ORDINANCE NO. 98-36
AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS,
ORDINANCE NO. 87-10, AS AMENDED, ORIGINALLY ADOPTED THE 4T`-'
DAY OF MAY, 1987, AND BEING AN ORDINANCE PROVIDING
REGULATIONS DESIGNED TO PREVENT FLOOD DAMAGES AND REDUCE
THE HAZARDS OF FLOODING WITHIN THE CITY, BY ADDING TO
SUBSECTION k OF SECTION C OF ARTICLE IV A NEW PARAGRAPH (vi);
PROVIDING FOR THE MAINTENANCE OF ON-SITE STORM WATER
STORAGE FACILITIES; PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $1,000 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. 87-10, as amended,
originally adopted the 4"' day of May, 1987, and being an ordinance providing regulations
designed to prevent flood damages and reduce the hazards of flooding within the City, is
hereby amended by adding to Subsection k of Section C of Article IV a new paragraph (vi) to
provide as follows:
"(vi) Maintenance of On-Site Storm Water Storage Facilities. In each case
where an on-site storm water storage facilit�provided pursuant to this Ordinance, the
develo�er shall furnish evidence of acceptance for maintenance of such storage facilitv
to the Clear Creek Drainage District, havin� authorit�o perform such service. The
Clear Creek Draina�e District will a�ree to assume such responsibilit�provided, (1) the
developer dedicates to the City and CCDD an easement over and across such facility,
(2) the develo�er dedicates an access easement to such facility to the Cit�and CCDD,
and (3) the developer pavs to the entity who is maintainin� such facilities, whether City
or CCDD, the estimated cost of maintainin� such storage facility for a period of ten
�10) vears, as stated on the fee schedule in the draina�e criteria manual. Provided
further, if the on-site storm water storage facility is desi�ned to be a "dry" facilit�
not an amenitv or a private recreational facility. Amenit�ponds shall be defined as any
pond whose land area has been deeded to the Homeowners/Landowners for the benefit
of the Homeowners/Landowners and are to be maintained bv the
Homeowners/Landowners Association. These ponds shall include "wet ponds" and
ponds used for recreational purposes.
FWD/ORD/DRAINAGE DISTRICT/Ol/OS/99
For the nurposes of this nara�raph (vi) a storm water stora�e facilitv shall mean
a storm water stora�e facility servin�primarily as a collection device and not as a
transmission svstem, and which is designed and constructed for the purpose of
providin� on-site detention for the bene�t of a multi-parcel development and not for a
single lot or sin�le parcel development."
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 $1,000. Each day of violation shall constitute a separate offense.
Section 3. In the event any section, paragraph, subdivision, clause, phrase,
provision, sentence, or part of this Ordinance or the application of the same to any person or
circumstance 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, or whether there be one or more parts.
PASSED AND APPROVED on first reading this �� �Y of December, 1998.
PASSED, APPROVED, AND ADOPTED on second an Second final reading this
4th day of ,Tanuary, 199 9.
Harold L. Whitaker
Mayor
A ST:
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Delaris McKenzie, C
City Secretary
FWD/ORD/DRAINAGE DISTRICT/01/OS/99 2