HomeMy WebLinkAbout01 04-06-1953
ORDINANCE NO. 1
AN ORDINANCE TO BE HEREAFTER IDENTIFIED AS THE PLANING ORDINANCE
OF THE VILLAGE OF EULESS, TEXAS; PROVIDING FOR THE APPROVAL BY THE
VILLAGE PLANING COMMISSION, OF PLANS, FLATS AND REPLATS OF THE SUB-
DIVIDING OF LAND BY OWNERS OF PROPERTY SITUATED WITHIN THE LIMITS
OF THE VILLAGE OF EULESS, TEXAS, AND OUTSIDE OF SUCH LIMITS WITHIN
FIVE MILES THEREOF, AS PROVIDED IN ARTICLE 974-A, OF THE REVISED
CIVIL STATUTES OF TEXAS, AS AMMENDED; PROVIDING FOR THE SUBMITTING
OF ANY PLANS, PLATS OR REPLATS FOR CREATING, ALTERING, CHANGING,
ADDITIONS AND SUBDIVISIONS OF LAND, TO THE:, VILLAGE PLANING COMMISSION
FOR APPROVAL, PRIOR TO FILING THEREOF IN THE COUNTY RECORDS; FURTHER
PROVIDING AUTHORITY FOR, REJECTION OF PLANS, PLATS AND REPLATS FOR
CAUSE AS PROVIDED IN THIS ORDINANCE; PROVIDING THAT IT SHALL BE
UNLAWFUL TO ERECT ANY BUILDING OR STRUCTURE'S OF ANY KIND WHATSOEVER
ON ANY PROPERTY DESCRIBED IN SUCH PLANS, PLAT OR REPLATS UNTIL SAME
HAVE BEEN APPROVED BY THE PLANNING COMMISSION; FURTHER PROVIDING THAT
IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION TO CONNECT
TO ANY LAND IN ANY PLAN, PLAT OR RE'PLAT WITH ANY KIND OF PUBLIC
UTILITY SERVICE, UNTIL SUCH PLAN, PLAT OR RE-PLAT SHALL HAVE BEEN
APPROVED BY THE VILLAGE PLANING C0MMISSION; PROVIDING CERTAIN RULES
AND REGULATIONS IN CONNECTION liVITH SUBDIVIDING OF LAND AND PREPARA-
TION OF PLANS, PLATS AND REPLATS, AND CONSTRUCTION OF STREETS IN
ADDITIONS AND SUBDIVISIONS, AND ANY RE PLATING OF SAME; PROVIDING
A SAVING CLAUSE: AND REPEAL OF ALL ORDINANCES OR PARTS THEREOF IN
CONFLICT HEREWITH; AND FURTHER PROVIDING THAT ANY PERSON, FIRM OR
CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL
BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL
BE FINED NOT LESS THAN TEN DOLLARS ($10.00) NOR MORE THAN TWO
HUNDRED DOLLARS ($200,00) EACH DAY SUCH VIOLATION CONTINUES SHALL
CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; FURTHER PROVIDING
THAT IN CASE OF WILFUL AND CONTINUOUS VIOLATIONS HEREOF, SUCH
VIOLATION'S OF THE PROVISIONS OF THIS ORDINANCE BEING DECLARED
THEREIN AS A MISDEANOR SHALL NOT PRECLUDE THE VILLAGE OF EULESS,
TEXAS FROM INVOKING THE CIVIL REMEDIES GIVEN IT BY THE LAWS OF
THE STATE OF TEXAS, BUT SHALL BE CUMULATIVE AND SUBJECT TO PRO--
SECUTION AS HEREINABOVE DESCRIBED FOR SUCH VIOLATION OR VIOLATIONS;
FURTHER PROVIDING THAT THIS ORDINANCE ,SHALL BECOME EFFECTIVE AND
BE IN FULL FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS ADOPTION
AND PUBLICATION AS BY LAW PROVIDED,
ADOPTED THIS 6th DAY OF APRIL, A. D. 1953.
NOW , THEREFORE, BE IT ORDAINED BY THE, BOARD OF .ALD�i.EN, OF THE
VILLAGE OF EULESS, TEXAS:
I ..
That hereafter, every owner of any tract of land situated
within the corporate limits of the Village of Euless, Texas, and
outside of said limits within five rules thereof, who may hereafter
subdivide the same in two or more parts for the purpose of laying out
any subdivision for building lots or any lots, and streets, alleys,
parks or other portions intended for public use or for the use of
purchasers or owners of lots fronting thereon or adjacent thereto,
shall cause a plat to be made which shall accurately describe all
of the subdivision of such tract or parcel of land, giving dimensions
thereof, and dimensions of all streets, alleys, squares, parks or
other portion of same intended to be dedicated for public use, or
for the use of purchasers or owners of lots fronting thereon or ad-
jacent thereto, in accordance with the rules and. regulations 11--rein-
after provided..
That every such plat shall be duly acknowledged by owners
or proprietors of the land, or some duly authorized agent of said
owners or proprietors, in the manner required for the a.c'_znowledgment
of deeds, and that it shall be unlawful to erect any buildings or
structures of any kind whatsoever on any of the property described
therein unless and until the same shall have been approved by the
Village Planing Commission, and recorded in the Deed Records in the
office of the County Clerk of Tarrant County, Texas.
If the plan submitted for subdividing any such lands, or for
creating an addition, or for replatting such lands does not create
any lots of a size smaller than those prohibited_ by any ordinance
of the Village of Euless, and creates streets sufficient in width
to care for any traffic resonably expected_ to use such streets,
but in no event to b(= less than the width as hereinafter provided,
and presents a plan for dividing and laying out said lends in a
uniform manner and presents a reasonable plan for caring for public
utilities that will reasonably be needed by the future occupants of
such lands and is not otherwise in violation of any Village ordinances
or state laws, then the Planing Commission shall endorse its approval
thereon. Otherwise it shall refuse to approve such plan.
IV.
Any person desiring to have a plan, plat or replat approved
as herein provided, shall apply therefor to and file a copy of said
plan, plat or replat together with a true copy of the proposed de-
dication of such subdivision duly executed and acknowledged, with
the Village Planing Commission herein authorized_ to approve same,
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which shall act upon same within thirty days from filing date.
If said plat be not disapproved within thirty days from said filing
date, it shall be deemed to have been approved and a certificate
showing said filing date and the failure to take action thereon within
thirty days from said filing date, shall on demand be issued by the
Planing Commission and said certificate shall be sufficient in lieu
of the written endorsement or other evidence of approval herein re-
quired. If the plan, plat or replat is approved, the Planning
Commission shall indicate such finding by a certificate endorse thereon..
signed by the Chairman or Vice Chairman of said Commission duly attest-
-ad by the Secretary thereof, Such Commission shall kee*o a record of
such applications and the action taken thereupon_, and upon demand of
the owners of any land affected, shall certify its reasons for the
action taken in the matter.
7e
That any such plan, plat o,. replat may be vacated by the pro-
prietors of the land covered thereby at any time before the sale of
any lot therein by a written instrument declaring the same to be
vacated, duly executed, acknowledged and recorded. in the same office
as the plat to be vacated, provided the approval of the Village
Planing Commission of the Village of Euless, shill have been obtained
as above provided, and the execution and recordation of such approval
shall operate to destroy the force and effect of the recording of
the plan, plat or -replat so vacated. In cases where lots have been
sold, the plan, plat or -replat, or any part thereof, may be vacated
upon the application of all of the owners of lots °included in said
plat and with the approval, as above provided.
VIA t
-'� Unless and until any such plan., plat or replat shall have been
first approved in the manner and by the authorities Provided for
in this ordinance, no building hermits shall be issued for any
construction whatsoever, and it shall be unlawful within the area
j covered by said plan, plat or replat for any person, firm or any
corporation to serve or connect said land, or anjr oast thereof, or
for the use of the otitiners or purcha,sert s of said lanJ, or any part
thereof, with any public utilities such as water, sewers, light,
gas, etc. which may be owned, controlled or distributed by such
village, of other utility suppliers, unless authorized in writing
y the Building Commission to do so,
VIII
If any such plan, plat or replat is disapproved by the Planing
Commission, such disapproval shall be deemed a refusal by the Village
of the offered dedication shorn thereon.
VIII.
The owners of property desiring to subdivide the same as
hereinabove stated shall comply with the following rules and re-
gulations:
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1. A plat or man shall be subm:i tted, on a scale of not more than
two hundred (200) feet per inch, and certified as to accuracy by the
engineer, or surveyor, prep ring the plat of the new subdivision,
showing in reasonable detail, the location and width of existing and
dedicated streets, roads, lets and elleys, easement and similar facts
regarding all property immediately adjacent thereto; also the connect-
ions between the nFw and the old subdivision. If there are no adja-
cent subdivisions, then an accurate mike must be presented to the
Planing Commission showing the outline and ownership of adjacent pro-
perties, location and distance of the nearest and subdivisions and
how the streets in the subdivision offered for record may connect
with those in the nearest subdivision.
2. The name of the ?proposed subdivisions, or any of the physical
features ,such as streets, roads, parks, etc.) must not be 5a similar
in spelling or in pronunciation to the name of any similar features in,
or in any other incorporated town or cities in Tarrant County, as to
cause confusion. Streets which are a continuation of any existing
street shall take the names of the existing roads or streets.
3. Boundary lines must be shown by bearings and distances, calling
for the lines of established surveys or land marks, and other data
furnished sufficient to locate the property on the ground. A-1_1
block corners 2 and angles in streets and alleys, shall be narked.
with 3/4 inch galvanized give 5 feet long, or with an appropriate
concrete ;-,iarker of the same length. A specific property tie in
relation to the original survey shall be clearly and legibly noted
on each plat or map
6. Unconventional layouts or layouts that will cause unsatisfactory
drainage conditions or that will comnlicate maintenance of roads,
streets, or any land dedicated for public use will not be accepted.
5. Until such time as a Sanitary Scvirer System is constructed in the
Village, all lot shozm on said plat as to t%?idth and over all size
shall be of .. ? Feet in width at the front building line, and shall
contain not less than (pp ® square feet, and so far as practical,
shall have their side lot line at right angles to the street oil which
they face, or radial to curved street lines.
6. Number of lots and blocks are to be arranged in a systemactic
order and shomn in the plat in distinct and legible figures.
7. Location of lots, streets , alleys, parks, easements, and other
features must be shown, with accurate diaension!s in feet and decimals
of feet. Length of radial and arcs of all curves with bearings of
all tangent-- must be shown; also dimensions from all angle points
and points of curve to lot _lines.
8. All streets shall have a minimum width of right of way of fifty
(50) feet, and. must provide unhampered circulation through the
subdivisi on. Streets and alleys shall not "dea.d -end" against an
existing subdivision, nor against any other property.
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9. Adequate off - street parking space must be provided in business
or commercial areas..
10. All streets -pr referable to intersect at ninety (90) d.egi�ees angle;
where t'L_s not possible, the intersection on the side of the acute.
angle must be rounded. with a curve or a cutback, as specified by the
Villege Engineer, but in no case shall the curve have less than twenty-
five (25) foot radius.
114 In cases where the new streets as platted intersect with established
streets, the new streets shall be, if practicable, a continuation,
without off set, of any intersecting street on the opposite side of
said established street.
12. No street shall have an abrupt offset,, or "jog" in it.
13. 1 here streets in an adjoining subdivision end at the property line
of the new subdivision, the said streets shall be continued through
the new subdivision, either on a. straight line or a curve as provided
elsewhere herein. Where no adjacent connections are platted, the
streets in the new subdivision must in general be the reasonable pro-
jection; of streets in the nearest subdivided tracts. All streets
in new subdivisions shall be platted so that a continuation of said
roads or streets may be made in other subdivisions in the future;
the purpose being to eliminate I'dead -end" streets.
14. Where part of a street has been dedicated in an adjoining sub-
division adjacent to anc! a -1 ong the common property line of the two
subdivisions, enough width of right-of-way must be dedicated in the
new subdivision to provide the minimum width specified. herein.
15. into squares, Hi slands ", or other obstructions to traffic shall
be reserved within the right -of -way;- this shall not exclude Tull
parts where the roads are properly curved; or esplanades. No
reserve areas or strips hill be permitted.
16. she map or plat shall be drawn with india ink or its equivalent
on tracing velum or cloth, to a scale of not more than two hundred
(200) feet to the inch..
17. The final plat or map must be made by a surveyor or engineer
from an actual survey on the ground.
18. The plat or map shall show all natural drains and water courses
as they exist, or as adjusted with an easement of sufficient width
to control storm waters.
19. Minimum width of alleys shall be fifteen (15) feet except in
business or commercial areas which width shall be determined by the
Village Engineer. If alleys are omitted, a five (5) foot utility
easement across the back and /or side of each lot shall be dedicated
from street to street in order to effect proper utility connections.
20. It shell be the duty of each surveyor or engineer, then re -sub-
dividing a portion of, or an existing subdivision to clearly and
legibly note and indicate legally that portion undergoing revision.
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IX-M
To insure uniformity with planing in the Village of Euless,
tlTexas. and to protect the safety and general welfare of the Public,
LD
all plans, Pla t s and Be-plats evidencing the sub - division of land
Jsituated outside of the limits of the Village of Euless, Texas,
wi thin five (5) miles thereof submitted for approval hereunder, shall
1 J first receive only the t enativ e approval of the Villag e t s Planing
Commission, which approval shall be certified to the County Engineer
i of Tarrant County, Texas, and shall not receive final approval of
said Commission until said Plan, Plat or Re -plat has noted thereon
in writing the approval of the said County Engineer and the Commi-
ssioner s Court of Tarrant County, Texas.
X.
CONS`MUCTIO'N STANDARDS OF STREETS
AND ALLY YS
1. All design and con.- $truetion of streets, roads, drainage facilities
and utilities must conform to current accepted good practice and
specifications and sound engineering principles.
21. Generally, it is desired that surface drainage from private pro-
perty be taken to roads, streets, alleys, or drainage courses as
quickly as possible, and that drainage water from roads, streets,
and alleys be taken to defined drainage courses as quickly as possible.
The practice of using roads, streets and alleys as major drainage courses
will not be accepted.
3A Minimum grades of roads, streets and alleys shall be three- tenths
(0.3) of one percent and, shall not be so steep that destructive velo-
cities may occur, unless provision is made to prevent erosion of earth-
en ditches, or damage to pavements.
4. Drainage structures of permanent type shall be provided at cross-
ings of drainage courses with roads, streets, or alleys where pre-
scribed by the Village Engineer, in order that a minimum, of inconven-
ience and hazard to the traveling public will occur, and in order to
minimize damage to and excessive maintenance of public property
Such drainage structures shall have a minimum of a twenty -four �24)
foot clear roadway.
5. Open channels and ditches shall be constructed to proper cross-
sections, grade, and alignment so as to function properly and with-
out permitting destructive velocities.
S. Where alleys are provided, they shall have a, minimum of four
(4) inches thiek compact fle"ible base material ten (10) feet wide.
If paved the base shall be a minimum of six (5) inches thick compact
and t-velve (12) feet wide. The pavement shall be a minimum of one -
half (':) inch thick, ten (10) feet wide. The elevation of the finished
center line grade of the alley shall not be higher than the average
elevation of the ground at the property lines on each side.
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7. Where a road section (-without curbs) is constructed, the fie,'ible
base shall have a, minimum thic?uhess of 6 inches compact, and be a
minimum of 20 feet wide. If paved, the base shall be of a minimum
thickness of 8 inches compact end the minimum width of 24 feet. The
pavement shall be at least 20 feet ,wide, and of either a "Double
Asphalt Surface Treatmentil or a minimum of 1 inch of "?la.nt -Kix ".
For arterial roads and streets the base shall be a minimum of 8 inches
thick compact and 28 feet wider The pavement shall be a minimum of
24 feet wide and of either a. "Double Asphalt Surface Treatment". or one
inch of "y lint - Nei.." d In subdivisions containing smaller lots, where
there is a possibility that curbs may be constructed at a later da te,
the grade of the road and shape of the Oro ss- secti on shall be such
that the proposed improvement may be made without disturbing the
original construction., Generally, the elevation of the finished
center -line of the road shell not exceed the average elevation of the
ground at the property .lines on each side, excepting the hillside
areas.
8. Where a street section (with curbs) is employed, the base shall be
a minimum of e inches thick compact, and the width a minimum of 30
feet face-to --faOe of curbs. All curbs shall be constructed in accord-
ance with current voecifica.tions of the Tarrant County. The next
increment of width shall be 10 feet, or a total width of 30 feet
face -to -face of curbs, with a minimum thickness of base of 8 compact
inches. The pavement shall be. a minimum of 1 inch in thickness, or
a double asphalt surface course. All returns shall have a minimum
radius of 15 feete
9. Where the new subdivision abuts an existing road or street,
the owner shall make sufficient improvements so that the Village
will not be imposed upon to do so.
10. The above specifications for construction of road.-, streets
and alleys, is based on the assumption that a flexible base wit h an
asphalt pavement will be constructed in keeping with prevalent
practice in this locality. The materials, design, specifications and
procedure shall conform to those of the Tarrant County Highway Department
for similar construction. This also applies if a concrete pavement
is used instead of the flexible base ttiTi tiz asphalt pavement. Should
the road, street, or alley not be ,paved, then the flexible base
material need not conform strictly to specifications, other than it
be suitable for the purpose, The owner, or his representative, shall
furnish evidence of conformity with these specifications whenever
called upon to do so by the Village Engineer. This applies to plans,
specifications, profiles, and test reports of materials.
11, in order to insure that the roads, streets, and alleys are con-
structed according to the above specifications, and to guarantee that
they are properly maintained by the owner for a period of one year
from the date of the acceptance of same by the Village Engineer,
the owner shall file a bond, of good and sufficient surety, payable
to the Village of Euless, Texas, in the following amounts:
6 -
For paved roads or streets $ 2.00 per linear foot
For gravelled roads 1.00
For Alleys .50 is 14 if
The above distances to be measured along the center -line of said road,
scree ;, or alley, between the intersections of said centerlines, and
within the boundaries of the subddvisions.
12. The rules and regulations as provided 'herein, are subject to
change, amendment, or alteration and when, in the judgment of the Board
of Aldermen, the interest of the public will be best served. Exceptions
to these rules and regulations may be made by said Board without notice.
XI.
Until such time as a. Planing Commission is appointed by the
Board. of Aldermen., the duties of said Commission as are provided
herein shall be p-erformed by the said Governing Body of the Village.
XII.
Until such time as a Village Engineer is appointed by the Board-
of Aldermen, the duties of such officer shall be performed by the
County Engineer or any other Engineer as the said Governing Body of
the Village may designate,
XI.II.
PENALTY
(A) Any person, firma or corporation violating any of the pro-
vi sions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in a sum not less than
ten dollars ( $10.00) nor more than two hundred ( $200 * 00) ; each day
such violation continues shall constitute a. separate offensem
(B) But in case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of the general law or
of the terms of this ordinance, the Village of Euless, Texas, in
addition to imposing the penalty above provided, may institute any
appropriate action or proceedings in court to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use to restrain, correct or abate such violation, or
to prevent the occupancy of such building, structure or land, to
prevent the illegal. act, conduct, business or use, in or about such
land; and the definition of any violation of the terms of this ordi-
nance as a misdemeanor, shall not preclude the Vill-age of Euless,
from invoking the civil remedies given it by law in such cases, but
same shall be cumulative of and in addition to the }penalties pre-
sc-ribed for such violation.
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j, V.
zf any section, article, provision, or part to this ordinance
be declared unconstitutional or otherwise void, by a court of compe-
tent jurisdiction, such decision shall in no way affect the validity
of any of the r emai nin.g ;Darts of this ordinance unl es s the part held
unconstitutional or void is inseparable fora., and indispensable to,
the operation of the remaining parts. The Board of Aldermen hereby
declares that it would have passed those parts of this ordinance
trhich
are valid and have omitted any parts which may be unconstitutional
or void, if it had known such parts where unconstitutional or void,,
at the time of the passage of this ordinance
jV .
This ordinance shall take effect and be in full force and effect
from and after the date of its passage and publication as provided
by law.
ADOPTED the 6th day of April A. D. 1953
APPROVED
QA-�
ATTEST
SECRJ lARY
MEMORANDUM
To: ORDINANCE FILE NO.
From: City Secretary
Date: November 1986
Re: ORDINANCE REFERENCE SHEET
t/ This ordinance no longer in effect - Replaced by Ordinance No. C�
This ordinance revised by Ordinance No. on
Copies of this ordinance were distributed to the following persons on the dates indicated:
c( -. / c"w 16c,