HomeMy WebLinkAboutOrdinance No. 07-1724
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 07- '11.l1
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
6, ARTICLE VI, BY REPEALING SECTION 6-131 IN ITS ENTIRETY
AND REPLACING WITH A NEW SECTION 6-131 TO PROVIDE FOR
THE ADOPTION OF THE ENGINEERING DESIGN MANUAL, DATED
MAY 2007, TO REGULATE AND GOVERN PAVING, LANDSCAPING IN
PUBLIC RIGHTS-OF-WAY, DRAINAGE, AND WATER AND
WASTEWATER LINES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A
FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH AND EVERY OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City desires to govern and regulate the construction of public
infrastructure including, but not limited to, paving, landscaping in public rights-of-way, drainage,
and water and wastewater lines within the City; and
WHEREAS, the City adopted an Engineering Design Manual in 1986, which is codified as
Article VI, Section 6.131; and
WHEREAS, the regulations contained in the Engineering Design Manual adopted in 1986
required updates and additional regulations to be incorporated into the same; and
WHEREAS, the City has created a new Engineering Design Manual to provide for these
regulations and easy references to other regulations, codes, ordinances, and resolution of the City
governing the same in one location; and
WHEREAS, after review and consideration the City Council has determined that the
Engineering Design Manual, dated May 2007, should be adopted to provide for the regulations
governing the construction of such public infrastructure.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Code of Ordinances of the City of The Colony, Texas, be and the
same is, hereby amended by amending Chapter 6, Article VI, by repealing Section 6-131 and
replacing with a new Section 6-131 to provide for the adoption of the new Engineering Design
Manual, dated May 2007, which shall read as follows:
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"ARTICLE VI. CONSTRUCTION OF PUBLIC WORKS
Sec.6-131. Engineering Design Manual adopted
The Engineering Design Manual, dated May 2007, is hereby adopted by
reference. A complete copy of the manual being marked and designated as the
Engineering Design Manual, dated May 2007, shall be kept on file in the Office
of the City Secretary. Unless deleted, amended, expanded or otherwise changed
herein, all provisions of such manual shall be fully applicable and binding.
"
SECTION 2. 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 remaining 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 3: That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 4. Any person, firm, or corporation violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Five
Hundred Dollars ($500.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 5. That nothing in this ordinance or in the Engineering Design Manual
hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any
rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under
any act or ordinance hereby repealed as cited in this ordinance; nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this ordinance.
SECTION 6. That the City Secretary is hereby ordered and directed to cause this
ordinance to be published.
SECTION 7. That this Ordinance and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect and be in full force and effect
from and after its date of its final passage and adoption in accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS 2nd day of July 2007.
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