HomeMy WebLinkAboutOrdinance No. 634 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING APPENDIX
B-SUBDIVISION, SECTION 3, DEFINITIONS; AMENDING
APPENDIX B-SUBDIVISION BY ADDING SECTION 8-101;
RELATING TO MINOR PLAT APPROVAL; PURSUANT TO CHAPTER
212, LOCAL GOVERNMENT CODE; PROVIDING A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Chapter 212 of the Local Government Code does
grant municipalities the authority to delegate the approval of
minor plats to City employees; and
WHEREAS, Chapter 212 of the Local Government Code also
allows the option of presenting the plat to the Planning and
Zoning Commission and the City Council at the employee's
discretion; ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Sectioq 3 of Appendix B-Subdivision of
the Code of Ordinances of the City of The Colony shall be amended
by adding tile following:
Sec. 3. Definitions
"City Council" shall mean the City Council of the City of
The Colony, Denton County, Texas.
"Local Government Code" shall mean the Vernon's Texas Codes
Annotated Local Government Code.
"Plat" shall mean a map, generally of a subdivision, showing
the location, boundaries and ownership of individual properties.
Includes a replat.
Section 2. That Section 8 of Appendix B-Subdivision of
the Code of Ordinances of the City of The Colony shall be amended
by adding the following:
Sec. 8-101:
"A minor plat may be approved by the City Manager, or his
designee, providing that the plat involves four or fewer lots
fronting on an existing stree~ and not requiring the creation of
any new streets or the extension of municipal facilities,
including, but not limited,to water and sewer lines.
The designated'employee may, for any reason, elect to
present the plat to the Planning and Zoning Commission and the
City Council for approval. The employee shall not disapprove the
plan and shall be required to refer any plat which the employee
refuses to approve to the Planning and Zoning Commission and the
City Council within the time period specified in Section 212.009
of the Local Government Code."
Section 3. If any section, .article paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto
any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not
affect the validity of the remainin~ portions of this ordinance;
and the City Council hereby declares it would have passed such
remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and Upon
conviction thereof shall be subject to a fine in a sum not to
exceed Two Thousand Dollars ($2000.00) for each offense and ~
separate offense shall be deemed committed Upon each day during
or on which a violation occurs or continues.
Section 4. The fact that fhe present ordinances and
regulations of the City of the Colony, Texas, are inadequate to
properly safeguard the health, safety, morals, peace, and general
welfare of the inhabitants of the City of The Colony, Texas,
Creates an emergency for the immediate preservation of the public
business, property, health, safety, and general welfare of the
public which requires that this ordinance become effective from
and after the date of its
ordained, passage and it is accordingly so
PASSED AND APPROVED by the City Council of the City of
The Colony, Texas on this the ~...~' day of~ , 1990,
ATTEST:
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
~ity Attorney