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HomeMy WebLinkAboutO-1983-705-K . e ORDINANCE NO. 705- K e AN ORDINANCE AMENDING SUBSECTION 4.03( 10), "FINAL OR RECORDED PLAT" OF SECTION 4, "PROCEDURE" , OF ORDINANCE NO. 705 (AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE PLATTING OR REPLATTING OF LAND INTO SUBDIVISIONS IN THE CITY OF LA PORTE AND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF LA PORTE)1 AMENDING SUBSECTION 5.08(2), "EASEMENTS", OF SECTION 5, "GENERAL STANDARDS FOR SUBDIVISIONS", OF SAID ORDINANCE NO. 7051 PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDI- NANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00)1 CONTAINING SEVERABILITY AND REPEALING CLAUSES 1 FIND- ING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: . Section 1. Subsection 4.03( 10), "Final or Recorded Plat" of Section 4, "Procedure", of Ordinance No. 705, an Ordinance providing rules and regulations governing the platting or re- platting of land into subdivisions in the Ci ty of La Porte and within the extraterritorial jurisdiction of the City of La Porte, is hereby amended to read 'as follows, to-wit: "SECTION 4.03 FINAL OR RECORDED PLAT. ... (10) a letter from the servicing utility companies stating that the plat includes the easements required by them in the furnishing of utilities to this and future subdivisions. e. (A) It is the present policy of the Houston Lighting and Power Company to usually require sixteen foot (16') ground ease- ments (eight foot [8'] per lot) on back to back lots, and fifteen feet (IS') ground easements on all perimeter lots in any particular subdivision. Further, Houston Lighting and Power Company usually requires unobstructed aerial easements five feet, six inches (5'6") in width for perimeter lots, seven feet (7'0") in width for back to back lots from a plane sixteen feet (16') above the ground level upward, located adjacent to all the aforementioned easements. - :c (B) Pursuant to the policy stated in sub- section (A) above, the final plat required in this section of any particular sub- division shall contain the following language, when applicable: .. , , . e Ordinance No. 705- K , Page 2. "Owners have dedicated and by these presents do dedicate to the use of the public for public utility purposes forever unobstructed aerial easements five feet six inches (5'6") in width for perimeter lots, seven feet (7'0") in width for back to back lots from a plane sixteen feet (16') above the ground level upward, located adjacent to all public utility easements shown hereon ." Section 2. Subsection 5.08(2) "Easements", of Section 5 . "General Standards for Subdivisions" of Ordinance No. 705, an Ordinance providing rules and regulations governing the platting or replatting of .land into subdivisions in the City of La Porte and within the extraterritorial jurisdiction of the City of La Porte, is hereby amended to read as follows, to-wit: "SECTION 5.08. EASEMENTS. ... (2) Utility easements to be worked out with the public and private utility companies pursuant to the requirements established herein, including but not limited to the requirements of subsection 4.03(10) above. Section 3. Any person, as defined in Section 1.07(27), Texas Penal Code; who shall violate any provision of the ordi- e nance, shall be deemed guilty of a misdemeanor and upon convic- tion shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, 'for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby dectared to be the intention of this Ci ty Council to have passed each section ,sentence, phrase or clause, or part thereof; irrespective of the fact that any other section, ,. sentence, phrase or clause, or part thereof, may be declared invalid. . . . Ordinance No. 705- K , Page 3. Section 5. All ordinances or parts of ordinances in con- flict herewith are hereby repealed to the extent of conflict only. . Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the Ci ty of La Porte at least twice within ten (10) days after the passage of this ordinance. - Section 7. The City Council officially finds, deter- mines, recites and dec1ares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public a t the Ci ty Ha 11 of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Ar ticle 6252-17, Te xas Re vised Ci viI Statutes An nota ted 1 and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The Ci ty Council further rat if ies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the a~ day of .-&~_ 1983. , LA PORTE . e . Ordinance No. 705- K , Page 4. ATTEST: ~~ Assistant City Secretary . APPROVED: ~pJ~ e "