HomeMy WebLinkAboutOrdinance 2737
ORDINANCE NO. 2737
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AN ORDINANCE AMENDING THE NORTH RICHLAND HILLS, TEXAS,
SUBDIVISION ORDINANCE AND THE ORDINANCE GOVERNING
CONSTRUCTION IN PUBLIC RIGHTS OF WAY TO REQUIRE ELECTRIC,
TELECOMMUNICATIONS AND CABLE TV FACILITIES IN NEW
SUBDIVISIONS BE PLACED UNDERGROUND AND REQUIRING THAT
ANY ABOVE GROUND APPURTENANCES BE PLACED ALONG REAR LOT
LINES UNLESS UNFEASIBLE; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Planning and Zoning Commission has recommended that electric,
14 telecommunications and cable television facilities in new subdivisions be placed
underground and that any above-ground appurtenances be located along rear lot
16 lines; NOW, THEREFORE,
18 BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS,
TEXAS:
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Section 1:
THAT Section 330 of Subdivsion Ordinance No. 1982, and Section 6.B of
Construction in Public Rights of Way Ordinance 2464 are hereby amended by
adding thereto the following
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"In new residential subdivisions, electric, telecommunications and cable television facilities,
26 including new service drops, shall be placed underground. Above-ground appurtenances and
equipment, and, if pennitted, above-ground facilities shall be placed along rear lot or tract lines.
28 The developer ofthe effected property may appeal the above requirements to the Planning and
Zoning Commission at the preliminary plat stage based upon the requirement not being
30 technically environmentally or economically feasible. Fire hydrants and traffic signal
controllers are exempted from the rear lot or tract line requirement with passage ofthis section.
32 City will work diligently with facility owner, developer and affected property owners during
the zoning and platting processes of new subdivisions to ensure reasonable equipment access
34 to facilities along rear lot or tract lines will be available. When facilities are to be placed along
rear lot or tract lines, before construction of facilities commences, the easement shall be
36 reduced to final grade, at developer's sole cost and expense. Additionally, if such easement is
located with a floodplain, the entire surface ofthe easement shall be raised above the floodplain
38 elevation, at developer's sole cost and expense, before construction ofthe facilities commences.
The necessity for removal of minimal fencing and/or landscaping within easements to permit
40 the replacement of facilities, appurtenances, and equipment is considered to be within the
definition of reasonable access. Where no such access can be made available, facility owner
42 and developer shall make reasonable efforts to place above-ground facilities, appurtenances and
equipment in the least visible areas of the street rights-of-way and street yards that are
44 consistent with reasonable city standards. Sight visibility easements and horizontal clear
triangles are not appropriate locations for the placement of above-ground facilities,
Ordinance No. 2737
Page 1 of 3
appurtenances and equipment as they would create safety concerns by blocking or impairing
2 the visibility of vehicular traffic."
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Section 2:
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Section 3:
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Section 4:
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Section 5:
Any person, finn or corporation violating any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon final conviction thereof
fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day
any such violation shall be allowed to continue shall constitute a separate
violation and punishable hereunder.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph or section of this ordinance
shall be declared unconstitutional or otherwise invalid by the final judgment
or decree of any court of competent jurisdiction, such invalidity shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the
city council without the incorporation in this ordinance of any such invalid
phrase, clause, sentence, paragraph or section.
The City Secretary is hereby authorized and directed to cause the publication
ofthe descriptive caption and penalty clauses of this ordinance as an
alternative method of publication provided by law.
This ordinance shall be in full force and effect immediately upon passage.
26 AND IT IS SO ORDAINED.
28 Passed on the 13th day of October, 2003.
30 CITY OF NORTH RICHLAND HILLS
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'-'Patricia Hutson, City Secretary
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Ordinance No. 2737
Page 2 of 3
By:
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Oscar Trevino, Mayor
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Ordinance No. 2737
Page 3 of 3
INVOICE
Star-Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number: 23346406
Sales Rep: 073
Description: ORDINANCE NO.2
Publication Dates:LO/17/2003 -10/18/200
CIT13
233464061
10/18/2003
Net due in 21 days
10/31/2003
Bill To:
CITY OF N RICHLAND HILLS/SECRET
PO BOX 820609
NORTH RICHLAND HILLS, TX 76182-
Attn ACCOUNTS. PAYABLE
ORDINANCE NO. 2737 An ordinanc
13580
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$6.73
$780.20
Sales Discount
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Net Amount:
$20.88
Before me, a Notary Public in aDd for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper / internet on the listed dates:, BIDS & LEGALS DEPT. STAR
TELEGRAM }
(817)390-7182. ~/// , \ I \ ~ n, i. ~
Signe~~~ llli- C\}v\.)~
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Mond'Y, O<to ~7' ~~" f b ~ ¡}
No~P"bI' !/ UulJJ;i~.'f¡ <jjj}J~cJ
CH~TY L. HOLLAND '
Thank You For Your Payment I I. MY COMMISSION eXPIRES :
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Remit To: Star-Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT13
CITY OF N RICHLAND HIL
233464061
$20.88
1$
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