HomeMy WebLinkAboutOrdinance 1503
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ORDINANCE NO. 1503
1000
38265
7.013 W D
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WHEREAS, the City Council has heretofore approved an overall
drainage plan for the following drainage areas in the City of North
Richland Hills, Tarrant County, Texas: Big Fossil Creek Drainage area
including tributaries to said creek, Callaway Branch Drainage area
including tributaries thereto, Walkers Branch Drainage area including
tributaries thereto, Little Bear Creek Drainage area including tributaries
thereto and Mesquite Branch including tributaries thereto; and
WHEREAS, the legislature of Texas in 1987 passed Senate Bill 336
which has been signed by the governor and is now the law in this state; and
WHEREAS, in order to protect the health and wealth of the citizens
of the City and prevent flooding which might be caused by future
development in each of the above drainage areas a plan must be devised for
financing the augmentation of the drainage plan and such financing plan
must comply with the terms of Senate Bill 336; and
WHEREAS, the development of such plan must include impact fees on
undeveloped land within the drainage areas in order to equitably apportion
the cost of future drainage and flood control projects to control storm
water; and
WHEREAS, the City Council intends to comply with Senate Bill 336
in establishing impact fees to pay for future drainage and flood control
projects in the above drainage areas;
WHEREAS, a study is necessary in order to begin the procedure
called for by Senate Bill 336.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The City Council adopts the flndings Stt out above.
2.
The City Council directs the City Manager to immediately cause a
study to be done to insure compliance with Senate Bill 336 (1987
Legislative Session) in establishing impact fees and/or pro rata agreements
to finance flood control and drainage projects within the drainage areas
set out above, as those drainage areas affect property in the City of North
Richland Hills, Tarrant County, Texas. The City Council gives notice of
its intent to establish impact fees by compliance with the procedures set
out in said Senate Bill 336.
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Ordinance No. 1503
Page 2
3.
The City Staff is directed to evaluate adverse drainage impact in
each outfall drainage area at the time a zoning or platting application is
filed. If, in the opinion of the Planning and Development Director and the
City Engineer, a proposed plat or zoning application does adversely impact
drainage in any of the above drainage areas, then the said Director shall
be authorized to delay the filing of the application until the City
Engineer has had sufficient time, not to exceed 21 days, to determine
whether or not the granting of the application would constitute a danger to
the public health and safety of the City and its inhabitants. The terms of
this paragraph shall not be construed as a moratorium on new development.
Any aggrieved person may file an appeal to the City Council and the
applicant shall be entitled to file the application unless the City Council
finds, after hearing, that the granting of the application would constitute
an immediate danger to the public health and safety of the City and its
inhabitants. The authorization to delay shall not affect applications
which are filed and pending.
4.
Pursuant to the terms of Senate Bill 336, the City Manager is
directed to use non-employee qualified professionals in conducting this
initial study.
5.
In order to avoid disruption of development within the City, the
City Manager is directed to have the initial plan completed and returned to
the City Council within 45 days. To extend this time limit, a majority
vote of the City Council shall be required.
6.
In order to put land owners, purchasers and prospective purchasers
on notice of the provisions of this ordinance, it is ordered that the City
Secretary record tins Ordinar.ce in the appropriate records of the city and
the county.
7.
This ordinance shall be in full force and effect from date of
passage and approval.
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~ Ordinance No. 1503
Page 3
PASSED AND APPROVED THIS 12th day of October, 1987 by the City
Council of the City of North Richland Hills, Texas.
ATTEST:
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APPROVED AS TO FORM AND LEGALITY:
AÆr the City
APPROVED:
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Mayor
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City of North Ft~hland/Kills
P.O. Box 18609
North Richland Hills, TX 76180
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