HomeMy WebLinkAboutPO 5790: AMEND SUBDIVISION ORDINTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
STEVE FITZGIBBONS, CITY MANAGER
DALE L. WATSON, DIRECTOR OF PLANNING ~'-<~ j
P.O. NO. 5790 - AMF_~D SUBDMSION ORDINANCE
09/04/07
RECOMMENDATION:
I recommend that Proposed Ordinance No. $790 be approved. This Ordinance would
clarify several sections of the current subdivision ordinance.
BACKGROUND:
Currently the Subdivision Ordinance requires that all utilities and service lines be located
underground where practical. The proposed amendment would clarify under what
circumstances overhead utilities would be permitted.
The Ordinance would also codify the requirement that a subdivider should provide for his
own independem construction inspector and that the City will install all required street
signage at the subdividers expense.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
I recommend that Proposed Ordinance No. 5790 be approved.
ORDINANCE NO.
P.O. NO. 5790
09/05/07 DLW
AN ORDINANCE AMENDING CHAPTER 98 (SUBDIVISIONS)
OF THE CODE OF ORDINANCES, CITY OF PORT ARTHUR
TO PROVIDE REQUIREMENTS FOR UNDERGROUND
ELECTRIC, CONSTRUCTION INSPECTION AND
INSTALLATION OF STREET AND TRAFFIC SIGNS,
PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE
OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING
TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE
CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY
AFTER PUBLICATION DATE.
WHEREAS, Chapter 98 (Subdivisions) of the Port Arthur Code of Ordinances provides
procedures and requirements for the safe, orderly and healthful development of the City; and; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
SECTION 1. That Section 98-215 (b)(1) of Chapter 98 (Subdivisions) shall be amended to
read as follows:
"(1) All utilities and service lines shall be located underground except as follows:
a. Electric utility lines may be located overhead in commercial developments where the
majority of electric in the area is above ground. On-site service lines shall be located
underground.
b. Cable and telephone may be located on poles where electric is above ground.
c. When possible above ground electric lines shall be located at the rear of the property.
All utility and service lines shall be located underground in single-family subdivisions. This
shall not apply to minor plats as that term is defined in Section 98-4 (Definitions)."
P.O. NO. 5790
09/05/07
Page 2 of 3
SECTION 2. That the following two sentences shall be added to Section 98-251 (c) shall
be amended to read as follows:
"(c) The subdivider shall hire a construction inspector to monitor all infrastructure during the
course of construction. Compaction testing of all backfill and road subgrades and cylinder
testing of concrete shall be conducted by an independent testing agency."
SECTION 3. That Section 98-252 (c) shall be amended to read as follows:
"(c) All city street and traffic control signs shall be installed by city personnel at the
subdivider's expense."
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jttfisdicfion, such
portion shall be deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
SECTION 5. Alt ordinances and parts of ordinances in conflict herewith are hereby repealed,
but only to the extent of such conflict.
SECTION 6. Any person, firm or corporation who violates any provision of this Ordinance or
the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be punished by a fine not
exceeding Two Thousand ($2,000.00) Dollars as provided in Section 1-8 of the Code of
Ordinances, and each day such violation shall be permitted to exist shall constitute a separate
offense.
SECTION 7. This Ordinance or its caption and penalty shall be published at least one (1) time
within ten days after final passage hereof in the official newspaper of the City of Port Arthur. This
Ordinance shall take effect immediately after the date of such publication.
P.O. NO. 5790
09/05/07
Page 3 of 3
READ, ADOPTED AND APPROVED this day of September A.D., 2007 at a Regular
Meeting of the City Council of the City of Port Arthur, Texas by the following votes: AYES:
MAYOR
COUNCILMEMBERS
NOES:
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
CITYATTORN~ ~0~ ~0~
APPROVED FOR ADMINISTRATION:
CITY MANAGER
DIRECTOR OF PUBLIC WORKS
DIRECTOR OF PLANNING