HomeMy WebLinkAboutO-2015-3568 amend current parkland provisions, Ord 1444,Section 12.01(a) as it relates to assessing fees for individual dwelling units ORDINANCE NO. 144+
AN ORDINANCE AMENDING CITY OF LA PORTE ORDINANCE NO. 1444 BY
AMENDING SECTION 12.01(a) "GENERAL REQUIREMENT FOR DEDICATION OF
LAND AND PAYMENT OF PARK DEVELOPMENT FEE"; PROVIDING A
REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: The City Council of the City of La Porte hereby declares that Section 12.01(a)
"General Requirement for Dedication of Land and Payment of Park Development Fee","of City
of La Porte Ordinance 1444, as amended by Ordinance 1444-G, is hereby amended and shall
read as shown on "Exhibit A", attached hereto and incorporated by reference herein and made a
part hereof for all purposes.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative-of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall
be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; 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 City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
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 of the City of La Porte at least once within ten
(10) days after passage of this ordinance.
PASSED AND APPROVED this the 26th day of JANUARY, 2015.
CITY OF LA PORTE, TEXAS
By:
ou R. Rigb , ayor
ATTEST:
aA'd '
City Secret
APPROVED:
Assistant City Attorney
SECTION 12.01 GENERAL REQUIREMENT FOR DEDICATION OF LAND AND PAYMENT OF PARK
DEVELOPMENT FEE
a. Whenever a Final Plat is filed of record with the County Clerk of Harris County, Texas or a
Development Site Plan, or a Property Survey is submitted and filed with the Approving Authority
of the City in accordance with the provisions of this Ordinance and other planning and
development ordinances that may be contained within the Code of Ordinances of the City of La
Porte, for a development of a residential area within the City of La Porte that contains two or
more contiguous residential dwelling units, such plat, or site plan, or property survey shall
contain a clear fee simple dedication of one acre of land for each 93 proposed dwelling units. As
used in this ordinance, a "dwelling unit" means each individual residence, including individual
residences in a multi-family structure, designed and/or intended for inhabitation by a single
family. Residential structures that are moved from one area of the city to another area of the
city are specifically excluded from the park development fee requirements of this ordinance.
Any proposed plat, or site plan, or property survey submitted to the City of La Porte for approval
shall show the area proposed to be dedicated under this section. The required land dedication
of this Section may be met by a payment in lieu of land where permitted by the City of La Porte
or required by other provisions in this ordinance.
In the event a plat is not required and a Development Site Plan or Property Survey is filed, the
dedication of land or payment in lieu of land required under this Section shall be met prior to
the issuance of a Building Permit by the Approving Authority of the City.
EXHIBIT A