1980-019NO V0 - 19
AN ORDINANCE AMENDING APPENDIX A, CHAPTER THIRTEEN, PART I,
ARTICLE 13 07 (E) OF THE CITY OF DENTON CODE OF ORDINANCES, AS
AMENDED, ENTITLED "UNIMPROVED STREETS ADJOINING SUBDIVISIONS",
BY PROVIDING FOR A DEFINITION OF UNIMPROVED STREETS AND GUIDE-
LINES FOR IMPROVEMENT AND PAYMENT OF SUCH STREETS, PROVIDING
FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, PROVIDING FOR A SEVERABILITY CLAUSE, AND
DECLARING AN EFFECTIVE DATE
SECTION I
That Appendix A, Chapter 13, Part I, Article 13 07(e)
appearing in the City of Denton Code of ordinances, as amended,
be and the same is hereby amended so that it shall read as
follows
"(e) UNIMPROVED STREETS ADJOINING SUBDIVISIONS
(1) As used herein, the term "unimproved street" shall mean
a public thoroughfare without paved curb and gutter
which affords access by vehicles and pedestrains to
abutting property
(2) Upon any land being subdivided or otherwise developed
in area adjacent to existing unimproved streets
(excluding state or federal highways), the developer
shall bear half the total cost of paving and installing
curb and gutter for all such unimproved streets
adjoining the area being subdivided or otherwise
developed Provided, however, that the City Council
may either waive or postpone this requirement in the
manner as set forth below
(3) For the following listed developments, the City Council
may waive the required improvements of an unimproved
street by the developer after considering such factors
as (1) the extent of existing and anticipated develop-
ment in the area, (2) the amount of anticipated
vehicular and pedestrian traffic, and (3) the current
condition of the unimproved streets under consideration
(a) single family development not exceeding
three (3) acres in size or three (3) lots, or
(b) industrial development not exceeding
three (3) acres in size or two (2) lots
(4) In all developments, the City Council may postpone the
required improvements of an unimproved street by the
developer should it be determined that such improve-
ments are not feasible or desirable at the time of
development If such improvements are postponed, the
developer shall either
(a) post an approved performance bond acceptable
to the City for one and one-half of the
current estimated cost of construction and
enter into a written agreement with the City
obligating the developer to pay for such
costs, or
(b) place his pro-rata share (half the total cost
of paving and installing curb and gutter for
the unimproved street) in an escrow account
with a Denton bank acceptable to the City and
enter into a written agreement obligating the
developer to pay such pro-rata share Said
interest from such an escrow account shall be
made payable to the City to offset
inflationary costs of construction
until such time as the improvements are deemed neces-
sary by the City Council or for no more than four (4)
years
SECTION II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordnance, or application thereof to any
person or circumstances is held invalid by any court of competent
jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
SECTION III
That all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict
PASSED AND APPROVED this the _4 day of 90~ ,
A D 1980
ATTF~
BROOKS LT, CITY TARP
CITY OF DENTON, TEXAS
AOOZ~A'60~z
I SH, M 0
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY eo,
Po