08-14-10-Ordinance-Amending the Subdivision Regulations Private Streets-08/16/2010ORDINANCE 08-14-10
AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS,
AMENDING SECTION 9 OF THE SUBDIVISION ORDINANCE; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Subdivision Ordinance provides for the orderly development of land within
the extraterritorial jurisdiction;
WHEREAS, the creation of private streets can affect the delivery of necessary public services
and utilities to citizens and disrupt the orderly development of land; and
WHEREAS, the Subdivision Ordinance can better regulate the creation of private streets
within the extraterritorial jurisdiction; Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS:
Section 1 Section 9.03 of the Subdivision Ordinance is amended to read as
follows:
9.03 — Private streets are permitted within the extraterritorial jurisdiction only
when each of the following conditions is met:
(a) At the time a plat is to be filed for recordation, Denton County has
refused to accept the dedication of the associated streets as public
streets, and
(b) The City Council fords that the property being platted can not at present
be annexed into the city limits, permitting the streets to be dedicated as
public streets, and
(c) The City Council finds that the proposed private streets have been or
shall be constructed to the City's standards for a public street, and
(d) The City Council finds that the proposed private streets shall be
maintained by a properly -created property owners association and shall
provide adequate easements for public utilities, stormwater drainage,
and the exercise of a governmental service or function, including but
not limited to fire and police protection, inspection and code
enforcement, trash collection, postal delivery, and utility maintenance,
and,
(e) The City Council finds that the creation of the proposed private streets
does not interfere with the orderly development of the area and ability
to provide for adequate transportation, utilities, and public services to
properties within the plat and the adjacent areas.
Section 2 All ordinances or parts of ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
Section 3 It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable
and, if any word, 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 portions of this
Ordinance, since the same would have been enacted by the City Council without the
incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence,
paragraph, or section.
Section 4 Any person, firm, or corporation who shall violate any of the
provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined
in an amount not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and
each and every day such offense shall continue shall be deemed to constitute a separate
offense.
Section S This ordinance will take effect immediately from and after its passage
and the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Sanger, Texas, on this 161h day of August, 2010.
`9`h!!1!lIIIdPf//®{d`d APPROVED:
`eae S• t pp r.
_ byor Thomas Muir
ATTEST:
City Secretary
Tami Taber ''% TEXAS • `
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