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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