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02-04-05-Ordinance-Park Open Space Recreations Areas and Public Use Dedication-03/07/2005ORDINANCE 02-04-05 THAT CHAPTER 10, SECTION 6.18 "PARK; OPEN SPACE; RECREATION AREAS & PUBLIC USE DEDICATION" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED BY ADDING SUBSECTION L PLAYGROUND REQUIREMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Chapter 10, Section 6.18 of the Code of Ordinances, City of Sanger, Texas, is hereby amended by adding subsection L to read as follows: "L. Playground Requirements For each 50 lots of a subdivision, a playground area of at least 6,000 square feet, with a minimum width of 60 feet and a minimum depth of 100 feet, shall be provided and equipped with playground equipment meeting ASTM F1487-01 specifications. The components of the equipment may be obtained from the City's Parks Department. For subdivisions greater than 50 lots, multiple play areas may be incorporated into one playground. The square footage of the playground and the equipment will increase proportionately, according to Parks Department standards, with the number of lots in the subdivision. The playground shall be fenced with a latching gate to secure the area from animals. The square footage of the playground(s) may be used to offset the total requirement for "Open Space" dedication. Playground Land cannot be located in either the flood plain or a detention area. If the playground(s) is to be owned and maintained by a Homeowners' Association, the same criteria is to be applied. If the subdivision is to be an "Adults Only" development, amenities with the same value and location restrictions shall be required. If cash is given in lieu of playground equipment, the amount shall be $75,000.00 per 50 lot playground, or proportionate part thereof." 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 All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.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 coma 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 7th day of March 2005, by the City Council of the City of Sanger, Denton County, Texas. APPROVED: Mayor °® .—ZZo AT EST: Rosalie Chavez, City Sec tary a° AP ROVED AS TO F �% ��<�ii,7'eX P,S00 CITY ATTORNEY