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HomeMy WebLinkAboutORD 1391 - buildings, structures, contractors and related regulations 001 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. -. , 1 , ':O,rr_ ID!; .. Ordinance Number 1391 002 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) 2