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Home My WebLink AboutO-1255-5-94ORDINANCE NO. 1255-5-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING SECTION 603.3 OF SUBDIVISION ORDINANCE NO. 1237-94 BY CLARIFYING THE REQUIREMENT AND FINANCIAL RESPONSIBILITY OF THE CONSTRUCTION OF EMM AND BIKE TRAILS; PROVIDING A PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION THEREOF; PROVIDING A SEVERABUITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Subdivision Ordinance No. 1237-4-94 requires that hike and bike trails be constructed in accordance with the Linear Greenbelt Study or other established policies; and, VVHEREAS, the Linear Greenbelt Study recommends a hike and bike trail on one side of the creek or tributary; and, WHEREAS, there are currently no established policies that require hike and bike trails to be constructed on both sides of a creek or tributary; and, WHEREAS, there will be many instances where hike and bike trails will be needed on both sides of a creek or tributary; and, WHEREAS, Section 603.3 of Subdivision Ordinance No. 1237-4-94 regarding the requirement and financial responsibility for the construction of hike and bike trails needs to be clarified; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, Section 603.3 of Subdivision Ordinance No. 1237-4-94 is hereby amended to read as follows, to -wit: "603.3 Hike and bike sidewalks shall be constructed by the developer along both sides of all major creeks and tributaries unless waived by the City Engineer in writing for a stated reason. Hike and bike sidewalks shall be constructed according to standards shown in the Standard Construction Details -Paving. On the creek side, slopes must have a pitch of three to one or less for a distance of at least 10 feet from the sidewalk. Slopes on the uphill side must have a pitch of three to one or less. Slopes steeper than three to one must be terraced with retaining walls, or other designs approved by the City Engineer to reduce erosion. The grade of the trail should not be greater than 5%. Grades over 5% and not more than 10% is acceptable for a length not to exceed 500 feet. The drip line for six-inch or greater caliper trees shall be filled or excavated more than one foot in depth. These designs must be shown on the construction drawings, including retaining walls, slope design, horizontal layout', culverts, bridges, etc." SECTION 2: Any person, firm or corporation who shall violate any of the provisions hereof shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed Two Thousand Dollars ($2,000.00), and each day that such violation continues shall constitute a separate offense and shall be punishable accordingly. Any person, firm or corporation who shall violate any of the provisions of this ordinance or who shall fail to comply with any provision hereof within the extraterritorial jurisdiction of the City of Allen shall not be guilty of a misdemeanor but shall be subject to injunctive relief as set forth in Section 103.8 of this Subdivision Ordinance. SECTION 3: All ordinances and parts of ordinances inconsistent or in conflict herewith are hereby repealed. Whenever the requirements of this ordinance conflict with those contained in other ordinances of the City, the most stringent or restrictive provision shall govern. Whenever the requirements of this ordinance conflict with the provisions of an executed Facilities Agreement, the provisions of the Facilities Agreement shall govern. SECTION 4: The fact that the rules and regulations governing the subdividing of land within the City of Allen and its ETJ are inadequate to ensure orderly future development creates an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect on and after publication of the caption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19TH DAY OF MAY ,1994. APPROVED: J& Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A. Don CrovAlercnn?')�ORNEY CMC, CnY SECRETARY Ordinance No. 1255-5-94 Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1255-5-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wed. May 25, & Sunday May 29, 1994 and which was issued on May 25, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is allched hereto. SUBSCRIBED AND SWORN to before me this 9 day of\\�,A.D 19 914 v V. A. TODD MY COMMISSION EXPIRES December 5, 1996 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $2 2 . 5 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, May 19, 1994 (Title and Penalty Clause only): , (Ordinance No. 1255-5-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 603.3 of Subdivision Ordinance No 1237-4-94 by Clarifying the Requirement and Financial Responsibility of the Construction of Hike and Bike Trails, Providing a Penalty of Not More than Two Thousand Dollars ($2,000) for each Viola- tion Thereof; Providing a,Severabilitj Clause; and Providing for an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret -1 ary, City of Allen, Texas 75002-2773. I /s/ Judy Morrison City Secretaryv"G CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, May 19, 1994 (Title and Penalty Clause only): Ordinance No. 1255-5-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Section 603.3 of Subdivision Ordinance No. 1237-4-94 by Clarifying the Requirement and Financial Responsibility of the Construction of Hike and Bike Trails, Providing a Penalty of Not More than Two Thousand Dollars ($2,000) for each Viola- tion Thereof; Providing a Severability Clause; and Providing for an Effective Date. i A copy of this ordinance may be read or purchased in the office of the City Secret- ary, ecretary, City of Allen, Texas 75002-2773. /s/ Judy Morrison City Secretary :I