AN ORDINANCE OF THE CITY OF AZLE, TEXAS ADOPTING A NEW SUBDIVISION ORDINANCE; PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, THE SUBDIVISION AND DEVELOPMENT OF LAND, LAND DEDICATIONS AND VACATIONS, AND THE DESIGN OF LAND DEVELOPMENTS IN A MANNER WHICH PROTECTS THE PUBLIC HEALTH, SAFETY AND WELFARE WITHIN THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF AZLE, TEXAS; PRESCRIBING RULES, REGULATIONS AND STANDARDS FOR THE CONSTRUCTION AND USE OF STREETS, ALLEYS, EASEMENTS, AND PUBLIC UTILITIES; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; PROVIDING PROCEDURES FOR OBTAINING VARIANCES OR WAIVERS; PROVIDING FOR PROCEDURES FOR VACATING PLATS, REPLATS, AMENDING PLATS AND FINAL PLATS; PROVIDING FOR STANDARDS AND SPECIFICATIONS MEETING PERFORMANCE GUARANTIES, WATER AND SEWER MAIN EXTENSIONS AND INSTALLATION COSTS; ESTABLISHING RULES FOR FLOOD HAZARD AREAS; PROVIDING FOR REVIEW AND AMENDMENT OF THIS ORDINANCE; REPEALING PREVIOUS ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Azle, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and

WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to adopt rules and regulations governing plats and subdivisions of land within the municipality’s jurisdiction to promote the health, safety, morals and general welfare of the municipality and the safe, orderly and healthful development of the municipality; and

WHEREAS, after due and careful consideration, the City Council has determined it to be necessary to adopt a revised Subdivision Ordinance designed to allow the community to maintain its traditional character and pattern of development, accommodate new growth demands for residential, commercial and industrial development within the community and its extraterritorial jurisdiction, provide necessary and appropriate supporting public works infrastructure and balance growth and development to reduce the negative impacts upon the community and its inhabitants; and

WHEREAS, the City Council held a public hearing on with respect to the proposed Subdivision Regulations; and

WHEREAS, the City has complied with all requirements of Chapter 212 of the Texas Local Government Code, and all other laws dealing with procedural requirements for the adoption of Subdivision Regulations.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AZLE, TEXAS:

SECTION 1

That the regulations attached hereto as Exhibit “A” are hereby adopted as the Subdivision

Regulations for the City of Azle.

SECTION 2

This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Azle, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. Ordinance Nos. 313 and Article 17 of the Azle Code of Ordinances are hereby specifically repealed.

SECTION 3

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

SECTION 4

All rights and remedies of the City of Azle are expressly saved as to any and all violations that have accrued at the time of the effective date of this ordinance or the provisions of any ordinances affecting the platting or development of subdivisions or other land, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

SECTION 5

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 6

The City Secretary of the City of Azle is hereby directed to publish the caption and penalty clause of this ordinance at least once in the official newspaper of the City of Azle.

SECTION 7

The City Secretary of the City of Azle is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof.

SECTION 8

This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained.

PASSED AND APPROVED ON FIRST READING THIS 4th DAY FEBRUARY OF 2003.