HomeMy WebLinkAboutORD 1391 - buildings, structures, contractors and related regulations
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ORDINANCE NUMBER 1391
AN ORDINANCE RELATING TO BUILDINGS, STRUCTURES, CONTRACTORS AND
RELATED REGULATIONS; AMENDING SITE DRAINAGE REQUIREMENTS; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That subparagraph "b.11 of paragraph (4) (relating to
adequate site drainage) of subsection (b) of Section 6-3 of Chapter 6
of the Code of Ordinances of the City of West University Place, Texas
is hereby amended to read in its entirety as follows:
b. To cause the rainwater to be absorbed in that area or
conveyed to a street or other lawfully available receiving
place for rainwater without escaping onto any other building
site and without washing soil or debris onto any other
building site. Facilities required by this section shall not
be deemed to produce adequate site drainage unless they
include grading, open channels or old underground drain pipes
sufficient to convey the predicted rainwater flows. New
underground drain pipes may not be considered among the
facil ities used to provide adequate site drainage. As used
above, "new underground drain pipes" means drain pipes
installed, reconstructed or replaced underground on or after
February I, 1991; "01d underground drain pipes" means all
other underground drain pipes.
Section 2. This ordinance applies from and after its effective
date, but it shall be an affirmative defense to prosecution in any
proceeding based on the use of "new underground drain pipes" that the
project in question is a "transitional project. II A "transitional
project" is a project where all of the following circumstances are
present: (i) it is impractical to use grading or open channel
facilities in lieu of new underground drain pipes, (il) all of the work
1s contracted for, designed and substantially cleared through the
Cityl s "plan checkingU process prior to the effective date of this
ordinance, provided that a completed building pennit application is
filed for such project, without a substantial change in plans, on or
before February 15, 1991, and (iii) all work on new underground drain
pipes is performed in a way which minimizes damage to trees, curbs and
other facilities. The ordinances of the City in effect prior to the
effective date of this ordinance shall continue to apply to all such
transitional projects and to all offenses occurring with respect
thereto, and for this reason such prior ordinances are continued in
effect.
Section 3. All ordinances and parts of ordinances in confl ict
herewith are hereby repealed to the extent of the conflict only.
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Ordinance Number 1391
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Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 5. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
Ci ty Counci 1 rati fies, approves and conf; nos such noti ces and the
contents and posting thereof.
Section 6. The public importance of this measure and the
requirements of the law create an emergency and an urgent public
necessity requiring that this Ordinance be passed and take effect as an
emergency measure, and a state of emergency ;s hereby declared, and
this Ordinance is accordingly passed as an emergency measure and shall
take effect and be in force as soon as legally possible.
PASSED AND APPROVED tMs the
1991.
14th
day of
January
,
Voting Aye:
Voting No:
Absent:
Signed:
Laura C. Higley, Mayor
ATTEST:
Audrey Nichols
City Secretary
Approved as to Form:
James L. Dougherty, Jr.
City Attorney
(SEAL)
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