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HomeMy WebLinkAboutOrdinance No. 00-1202 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 00- I ~ O;L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE SUBDIVISION ORDINANCE OF THE CITY, THE SAME BEING APPENDIX B SUBDIVISION, OF THE CITY'S CODE OF ORDINANCES, AS AMENDED, BY PROVIDING FOR A STREETLIGHT POLICY AND REQUIRING THE INSTALLATION OF STREETLIGHTS IN ALL NEW DEVELOPMENTS; PROVIDING A PENALTY CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of thc Colony recognizes thc need for adequate street lighting at intersections and along streets and thoroughfares; and WHEREAS, in accordance with law, the Planning and Zoning Commission held a public hearing and considered a strcetlight policy at its regular meeting on May 9, 2000, and recommended approval to the City Council; and WHEREAS, after due deliberation and consideration of the recommendations of the Planning and Zoning Commission and the evidence, information, and other materials submitted and received at thc public hearing and in connection therewith, the City Council of the City of thc Colony finds that it is in the public interest to amend the City's Subdivision Ordinance to provide a policy requiring the installation of strectlights in all new developments, with any street light replacement program, and further finds that such a policy will promote the health, safety, morals and general welfare of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation of Premises, The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. ~ That Appendix B Subdivision, of the City's Code of Ordinances, is hereby amended by adding a strcetlight policy as follows: (i) Basic policy: It is the policy of thc City that adequate streetlights be installed in all new subdivision developments. Street lighting shall be installed and paid for by the developer, including materials and labor. High pressure sodium and metal halide products, hereafter referred to as I-IPS and MH, respectively, arc required. Street lighting material and design shall be approved by the City Engineer. (ii) Residential Streets: For any street designated as residential, streetlights shall be installed at each intersection, at major curves on each street, at the end of cul-de- sacs, and at intervals with a minimum of 200 linear not exceeding 400 linear feet. Light fixtures shall provide a minimum of 100 watts/HPS or 175 watts/MH and mounted at least 12 feet high with materials approved by the City Engineer. (iii) Collector Streets: For any street designated as collector, streetlights shall be installed at each intersection, at major curves on streets, and at intervals with a minimum of 200 linear feet not exceeding 400 linear feet. Light fixtures shall provide a minimum of 100 watts/HPS or 175 watts/MH and mounted at least 12 feet high with materials approved by the City Engineer. (iv) Major Arterials: For any street designated as major arterial, streetlights shall be installed at each intersection, at major curves on streets, and at intervals with a minimum of 200 linear feet not exceeding 300 linear feet. Light fixtures shall provide a minimum of 250 watts/HPS or 250 watts/MH and be mounted at least 30 feet high. Where a major arterial transverses a single-family neighborhood, light fixtures shall provide a minimum of 100 watts/HPS or 175 watts/MH and be mounted at least 12 feet high with materials approved by the City Engineer. (v) Location: Streetlights shall be installed in the public right-of-way, in a location behind the curb line. Where there is no curb, streetlights shall be installed at least eight (8) feet from the edge of the pavement. Streetlights on major arterials shall be installed in the median, when a median exists. In conjunction with the development of any subdivision, streetlight location and installations shall be coordinated by the developer, TXU Electric and/or CoServ Electric, and/or TxDOT and with the City Engineer, and shall be installed in accordance with this Ordinance. (vi) Costs: The developer shall be responsible for all Engineering and plan preparation costs required for the installation of streetlights according to the City's "Engineering Design Manual-Standard Specifications for Street Lighting", as amended from time to time. Streetlight plans shall be submitted to the City Engineer at the same time civil engineering plans are submitted for City approval. Section 3. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than five hundred dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 4. ~Le, rJtllili~ If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. ~ This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Section 6. Publication. The City Secretary of the City of The Colony is hereby directed to publish in one issue of the Official newspaper of the City of The Colony, the Caption, Penalty, Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Section 7. Engrossment and Enrollment The City Secretary of the City of The Colony is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the ordinance records of the City. Section 8. F,~&C, iLELI)_I~. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this the 19th day of June, 2000. ~'~iam W. Manning, ~Vla~or X ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: · t'any I~. Haertling, City Attorney