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04-04-04-Ordinance-Park Open Space Public Use Dedication-04/19/2004ORDINANCE 04-04-04 THAT CHAPTER 10, SECTION 6.18 K, "PARK; OPEN SPACE; RECREATION AREAS & PUBLIC USE DEDICATION", OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY REQUIRING PARK SPECIFICATIONS FOR LAND DEDICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapterl0, Section 6.18 K of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: "K. Additional Requirements l . Any land dedicated to the City under this section must be suitable for park and recreation uses. The offer of land with the following characteristics may be refused: a. Any areas of unusual topography or slope or other characteristics which render same unusable for reasonable park construction, or b. Any area that does not meet the grant requirements of the Texas Department of Parks and Wildlife. 2. Drainage areas may be accepted as part of a park if no significant area of the park, is cut off from access by such drainage area and if suitable improvements may be made within the area, without unreasonable cost by the City. 3. Each park, must have direct access to a public street. 4. Any detention/retention pond used as part of an open space requirement must be approved by the City, must have a 4' wide sidewalk, around the entire perimeter of the pond and must have 4' or larger benches placed on concrete pads and spaced not more than 500' apart, with trees planted between the benches at not greater than 100' intervals. The trees planted must be from the City's approved list." Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. 64611 Section 3.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 accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. 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, this the 19th day of April A.D. 2004, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: ommy Ki}°fcaid, Mayor ATTES l�y�, kl� Ft17�1��r3�fr�e Rosalie Chavez, City Secretary��-- . AP R-VEDASTOFO ' bh CITY ATTORNEY