1964-009 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF DENTON~ TEXAS~ PROVIDING FOR EASEMENTS IN LIEU OF
ALLEYS IN RESIDENTIAL AREAS, PROVIDING FOR GATES THEREIN,
AND NAINTENANCE THEREOF, PROVIDING FOR OVER-HANG EASEMENTS,
PROVIDING FOR ADDITIONAL GUY WIRE EASEMENTS WHERE NEEDED
DUE TO CURVING, REPEALING CONFLICTING ORDINANCES
PROVIDING A SAVINGS CLAUSE, AND DECLARING AN EMERGENCY
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION,I ....
That the Code of Ordinances of the C~ty of Denton, Texas,
· s hereby amended by substituting new Subsectzon (z) of Artzcle
13 09 zn Chapter Tharteen Part I of sa~d Code of Ordznances
whzch shall hereafter read as follows
13 09 (a) Easements - resadentaal areas
(1) Each reszdentaal block that does not
contaan an alley as provided for zn
Subsectzon (h) hereof, shall have a utal~ty
easement reserved for the use of all
publac utlllty lanes, condumts and equip-
ment These utalaty easements shall be
saxteen feet (16') an wldth and shall
be contxnuous for the entmre length of
the block These easements shall parallel
as closely as possxble the street lane
frontage of the block The easement shall
be conszdered as part of the lot area for
purposes of the mmn~mum lot saze requmre-
ments of this chapter
(2) If the owner of the property upon whmch
the utalaty easement Ks located deszres
to use at for lawn purposes, fencang
across the easement shall be permatted
but gates along the sade lot l~nes must
be provzded The gates shall be saxteen
feet (16') wade (two ezght foot gates)
and shall be capable of bezng opened and
closed at all tames These gates shall
be secured xn the center by a drop rod
or some sam~lar device whach does not
obstruct free passage over the easement
The drop rod may be lowered ~nto a drop
rod keeper anstalled so as to be flush
wath the ground level No permanent-
type center pole for the gates may be
erected on the easement
(3) Post and chain gates ~n accordance with
Clty of Denton specifications for same
shall be installed at the ends of the
utlllty easements and shall be capable
of belng opened, closed and locked at
all t~mes
(4) Malntenance of the easement shall be the
responslb~llty of the owner of the property
upon whlch ~t is located It shall be
the duty of the property owner to keep
the area across, over or under th~s
easement clear of any structure, debris,
vegetation, trees, shrubs or landscaping
whatsoever except that lawn grass which
shall be regularly mowed and controlled
may be grown thereon
(5) Normal curb exposure shall be requlred
where utlllty easements ~ntersect streets
(6) Over-hang easements for electric and
telephone llnes of at least five feet
(5') on each side of the sixteen feet
(16') easement strip at a height at or
above e~ghteen feet (18') shall be
provided
(7) Where the easements are not themselves
straight wlthln each block, or if the
same do not connect on a straight course
w~th the easements of adjoining blocks,
then an additional easement shall be
provided for the placing of guy w~res on
lot dlvls~on llnes ~n order to support
poles set on curving or deviating r~ghts-
of-way or alleys
(8) Property owners who do not desire to use
th~s easement for lawn purposes may fence
their back yard area at the easement line
The property owner w~ll be responsible
for the maintenance of sa~d unused
easement area even though it be located
beyond the rear fence of the property
SECTION II
That all ordinances or parts of ordinances in force when the
provisions of th~s ordinance become effective which are ~ncons~stent
or in conflict with the terms or provls~ons contained ~n th~s
ordinance are hereby repealed to the extent of any such conflict
SECTION ,III
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this Ordinance, or application thereof to any
person or circumstances is held invalid by any court of competent
]urlsdlctlon, 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 IV
That due to the fact of certain subdividers being in the
process of platting there exists an emergency and an imperative
public necessity requiring that the rule governing the publication
of certain ordinances be, and the same is hereby, suspended and
this ordinance shall be in full force and effect from and after the
date of its passage
PASSED AND APPROVED THIS day of , ,
A D , 1964
Warren Whltson, Jr , Mayor
City of Denton, Texas
ATTEST
BYooks Holt, City Secretary
City of Denton, Texas
APPROVED AS TO LEGAL FORM
t ~y' Q Barton, City Attorney
of Denton, Texas