Ordinance 1985-35
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AMENDMENT TO SUBDIVISION ORDINANCE
AMENDMENT TO THE SUBDIVISION ORDINANCE FOR THE CITY OF WYLIE
ADDING A PARAGRAPH TO SECTIONS 6.02.B.1, 6.02.B.2 AND
6.02.B.3 PAVEMENT REQUIREMENTS AND PROVIDING FOR
PUBLICATION, EFFECTIVE DATE AND SEVERABILITY. PROVIDING FOR
A PENALTY OF NOT MORE THAN TWO HUNDRED ($200.00) FOR EACH
VIOLATION THEREOF; REPEALING ALL CONFLICTING ORDINANCES;
PROVIDING A SEVERANCE CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
SECTION 6.02 STREET PAVING - CONCRETE
B. PAVEMENT REQUIREMENTS
1. Non-Collector Residential Street and Alley
Construction
Paragraph 2. The developer may, at his
option, execute an "authority to release
perimeter street improvements funds" for the
purpose of allowing the City of Wylie to
improve such streets by using these funds for
said improvements for significant
reconstruction of an existing street to a
standard of improvement less than concrete.
The use of such funds shall not include
normal maintenance repairs. Such
improvements shall be accomplished in a
manner and to a level which is at the sole
discretion of the City Council of the City of
Wylie. The City Council may also elect not
to use any of the funds, even if released,
for improvements and may elect to retain said
funds until the concrete improvements
specified in the City standards can be
accomplished. Should the City Council elect,
following the developers release of funds, to
make improvements at standards less than
concrete, the remainder of the funds will be
retained and no assessment shall be made to
the property owners until subsequent repairs
or improvements are needed following the
ultimate installation of the standard
concrete street. The election of this option
shall release the City of Wylie from the
twenty (20) year provision for non-
improvement described in the paragraph above.
2. Paragraph 4. The developer may, at his
option, execute an "authority to release
perimeter street improvements funds" for the
purposes of allowing the City of Wylie to
improve such streets by using these funds for
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said improvements for significant
reconstruction of an existing street to a
standard of improvement less than concrete.
The use of such funds shall not include
normal maintenance repairs. Such
improvements shall be accomplished in a
manner and to a level which is at the sole
discretion of the City Council of the City of
Wylie. The City Council may also elect not
to use any of the funds, even if released,
for improvements and may elect to retain said
funds until the concrete improvements
specified in the City standards can be
accomplished. Should the City Council elect,
following the developers release of funds, to
make improvements at standards less than
concrete, the remainder of the funds will be
retained and no assessment shall be made to
the property owners until subsequent repairs
or improvements are needed following the
ultimate installation of the standard
concrete street. The election of this option
shall release the City of Wylie from the
twenty (20) year provision for non-
improvement described in the paragraph above.
3. Paragraph 3. The developer may, at his
option, execute an "authority to release
perimeter street improvements funds" for the
purposes of allowing the City of Wylie to
improve such streets by using these funds for
said improvements for significant
reconstruction of an existing street to a
standard of improvement less than concrete.
The use of such funds shall not include
normal maintenance repairs. Such
improvements shall be accomplished in a
manner and to a level which is at the sole
discretion of the City Council of the City of
Wylie. The City Council may also elect not
to use any of the funds, even if released,
for improvements and may elect to retain said
funds until the concrete improvements
specified in the City standards can be
accomplished. Should the City Council elect,
following the developers release of funds, to
make improvements at standards less than
concrete, the remainder of the funds will be
retained and no assessment shall be made to
the property owners until subsequent repairs
or improvements are needed following the
ultimate installation of the standard
concrete street. The election of this option
shall release the City of Wylie from the
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twenty (20) year provision for non-
improvement described in the paragraph above.
SEVERABILITY:
It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences,
clauses and phrases of this ordinance are severable and
if any phrase, clause, sentence or section of this
ordinance shall be declared unconstitutional or invalid
by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity
shall not affect any other remaining phrase, clause,
sentence, paragraph or section of this ordinance and
the City Council hereby declares that it would have
passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
EFFECTIVE DATE:
This ordinance shall become effective upon its passage
by the City Council of the City of Wylie, Texas and by
the publication of it's heading in a newspaper of
general circulation.
PASSED AND APPROVED BY
WYLIE, TEXAS, THIS THE
T~ CITY
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COUNCIL O~ THE CITY OF
DA Y OF LPn.L/ 1985
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ATTEST:
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