Loading...
HomeMy WebLinkAbout547 06-27-1978ORDINANCE NO. 547 AN ORDINANCE AMENDING THE SUB - DIVISION ORDINANCE OF THE CITY OF EULESS, TEXAS, TO AMEND THE REQUIRE- MENT THAT ALL UTILITIES BE UNDERGROUND; PROVIDING A SEVERABLITY CLAUSE AND Ali EFFECTIVE DATE. WHEREAS, the sub - division ordinance and rules and regulations promulgated pursuant thereto now require that all utilities with- in sub - divisions within the corporate limits of the City of Eu- less, Texas, and for a distance of five (5) miles therefrom, be underground, and WHEREAS, it is the desire of the Euless City Council follow- ing public hearings upon such question to amend such ordinance, rules and regulations to allow utilities to be aboveground in certain instances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. Section 9 of Article I of Appendix "B" of the Code of Ordin- ances, City of Euless, Texas, is amended by deleting therefrom, in the second paragraph thereof, the sentence reading "All util- ities shall be underground. ", so that Section 9 of such Article I shall hereafter be and read as follows: "Sec. 9. Required and optional improvements- Compliance by applicant. All land subdividers and developers shall on all new subdivi- sions of land in the city and for a distance of five (5) miles beyond its corporate limits, adhere to and be governed by the policies that are specified in this ordinance for the provision, construction and placement of street improvements, drainage struc- tures, alleys or easements, utilities and parks and playgrounds. The developer will be required to install or furnish all storm sewer, water lines, gas lines and easements required for the development of that plat. Sidewalks shall be shown on all plans but are not required to be installed until building construction begins. There will be no participation by the city in improve- ments cost unless such is determined by the city." ri All property zoned "R -1" (Single Family Dwelling District), "R -2" (Two - Family Dwelling District), "R -3" (Multiple - Family Dwell- ing District), "R -4" (Multiple - Family Medium Density Dwelling District; Limit of Sixteen (16) Units Per Acre), "R -5" (Multiple - Family High Density Dwelling District: Limit of Twenty -four (24) Units Per Acre), C -1" (Neighborhood Business District), "MH" (Mobile Home District) and "PD" (Planned Development District) pursuant to the Zoning Code of the City of Euless, Texas, shall be subject to the following requirements with respect to the placement of utilities: (1) If the sub - division being developed is abutting or touched on one or more sides by property then developed with all utilities underground, and any other property abutting and /or touching such sub - division is then undeveloped as to the placement of utilities, then all utilities within the sub - division being developed shall be under- ground. (2) If the sub - division being developed is abutting or touched on one or more sides by property then served by utilities all of which are underground and is also abutted or touched by property then developed or permi.ssi.ble for devel- opment with utilities, one or more of which are aboveground, then all utilities within the sub - division being developed shall be underground except utilities serving those lot or lots which are abutting or touching such property then developed or permissible for development with one or more utilities aboveground which lot or lots may be developed also with aboveground utilities. (3) If the sub - division being developed is abutting or touched on one or more sides by property then developed or per- missible for development with one or more utilities aboveground, and all other property abutting or touching such sub - division is then undeveloped as to the place- ment of utilities, then utilities within the sub - division being developed may be aboveground or underground at the option of the developer. (4) If the sub - division being developed is not abutting or touched by any property then developed as to the place- ment of utilities, all utilities shall be underground unless a variance from such requirement shall have been previously applied for and granted as to such sub - division or part thereof by the Euless City Council, subject to such conditions and safeguards as may be spec i f i ed by -2- R the City Council. II. Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any, phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. III. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as pro- vided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 13th day of June, 1978; by a vote of 3 ayes, 2 nays and 1 abstentions. GIVEN SECOND READING, PASSED AND APPROVED at a regular meeting of the Euless City Council on the 2Lth day of June , 1978; by a vote of 4 ayes, 1 nays and p abstentions. ATTEST: Delia Houy, City cretary APPROVED -3- APPROVED: F, 0 Sold 0604" e -A-