HomeMy WebLinkAboutOrdinance No. 91-07 � ORDINANCE N0. 91-7
AN ORDINAIVCE AMENDING CITY OF FRIENDSWOOD, TE�.AS,
ORDINANCE N0. 87-10, AS AMENDED, ORIGINALLY ADOPTED
THE 4TH 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 4th 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 Stora e
Facilities. n eac case w ere an on-site storm water
storage �acility is provided pursuant to this
Ordinance, the developer shall furnish evidence of
acceptance for maintenance of such storage facility by
a governmental entity, other than the City, having
authority to perform such service. Provided, however,
in the event the developer is unable to obtain
acceptance of such facility for maintenance by a
governmental entity, the City will agree to assume
such responsibility provided, (1) the developer
dedicates to the City an easement over and across such
facility, (2) if required, the developer dedicates an
access easement to such facility, and (3) the
develaper pays to the City the estimated cost o�
maintaining such storage facility for a peziod of ten
(10) years , as determined by the City Manager, based
upon private commercial rates . Provided further, i.f
the on-site storm water stora�e facility is designed
to be a "dry" facility, the City may elect to have
same dedicated in fee simpl�, subject only to record
encumbrances , or require that an easement not preclude
the City' s use of such facility for public
recreational purposes when not being used for storm
water detention purposes.
For the purposes of this paragraph (vi) , a storm
wa�er storage facility shall mean a storm water
storage facility serving primarily as a collection
device and not as a tr_ansmission system, and which is
designed and constructe� for the purpose of providing
on-site detention for the benefit of a multi-parcel
development , and not for a single lot or single parcel
development. "
Section 2. Any person who shall violate any provision of
this Or�inance 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 of£ensP.
Section 3. In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part o£
this Ordinance or the application of the sa�e 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 19th day
of November , 1990•
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PASSED, APPROVED, AND ADOPTED on secondSecondfinal reading
this 26th day of February , 1991 .
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au . c ra er
Mayor
ATTEST:
e o is rc er, C
City Secretary
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