Loading...
HomeMy WebLinkAbout1991-1882 - Ordinance - 02/14/1991ORDINANCE NO. 1882 AN ORDINANCE AHENDING CHAPTER 9, SECTION 9, SUBSECTION 9-E OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION PERTAINING TO OVERSIZE BRIDGE PARTICIPATION IN SUBDIVISION DEVELOPMENTS REPEAL- ING ANY OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, RESERVING A SAVINGS CLAUSE, AND PROVIDING FOR AN EFFEC- TIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 9, Section 9, subsection 9-E of the Code of Ordi- nances of the City of College Station is hereby amended to read as follows: "9 - E ~VERTS The subdivider shall, at his own cost, dedicate all rights-of-way and construct all drainage facilities according to the Drainage Policy and Design Standards of the City of College Station. When, in order to com- ply with the Drainage Policy and Design Standards, it is necessary to install bridges with hydraulic capacity in excess of that required to serve the area being developed, the developer shall construct such oversize structures. The City may participate in the cost of oversize bridge structures according to the following guidelines: 9-E. 1 The proposed bridge or culvert must be located inside the city limits of the City of College Station at the time construction of the bridge or culvert begins. 9-E. 2 The plans and specifications for the construction of the bridge or culvert must have been reviewed and approved by the City Engineer of the City of College Station. 9-E. 3 The proposed bridge or culvert must be on a new street. The street must meet the criteria described in the City's "Future Land Use Plan" for a major or minor arterial. The bridge or culvert must either have a span greater than twenty feet (20') or have an open end area greater than two hundred square feet (200 sq. ft.). Considered in the cost will be the bridge or culvert structure itself, headwalls and wingwalls. 9-E. 4 A ~ re=uest for oversize bridge and culvert participation based on an engineer~e estimate for the project must be presented to the City Council prior to beginning construction. Upon approval of a preliminary request, funds will be encumbered through a purchase order with the total not to exceed the City's share plus a ten percent (10%) contingency for participation in the approved project. Council approval and partici- pation shall be contingent and subject to commencement within one (1) year of Council approval and completion of the thoroughfare by the date so designated by the Council. If construction of an approved project has not begun within one (1) year, of Council approval, or completed by the date designated by the Council then Council approval shall be automatically revoked, the funds will be returned to the oversize bridge fund and will be available for the next request. After the bridge or culvert has been completed and accepted by the City Engineer, payment may be requested. Payment will be contingent upon the City's receipt of a deed for the land and improvements, an updated title report, and lien subordinations from all lenders. The cost of the City°s participation shall not increase more than ten percent (10%) over the amount calculated using the engineer's estimate. 9-E. 5 The City's participation shall be limited to a percent- age of construction costs only. 9-E. 6 At the time of the preliminary request, the city Council reserves the right to evaluate the overall economic benefit of the proposed bridge or culvert to the City. The City Council may elect not to partici- pate or it may elect to limit participation. 9-E.7 The City's participation will be based on the percent hydraulic capacity required in excess of the capacity needed to serve property owned or controlled by the developer. The amount of participation by the City shall be limited to a maximum of thirty percent (30%) of the cost of the bridge. No other participation payment shall be made on the same request." II. SEVERABILITY If any section, subsection, clause or phrase of this ordinance is for any reason felt to be unconstitutional, void, or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City Council in adopting this ordinance, that no part thereof, or provisions or - 2 - 0~r,? ~ regulations contained herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any section, subsection, sentence, clause, phrase, or provision of this ordinance. III. REPEALING CLAUS~ All ordinances and/or resolutions in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. IV. SAV LAUS These regulations shall not be shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as effecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of these regulations, whereas vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in this regulations. This ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 1991. 14th day of February , APPROVED: ATTEST: City Secretary