ORDINANCE NO. 1012
AN ORDINANCE OF THE CITY OF FORNEY, TEXAS REPEALING IN ITS ENTIRETY CHAPTER 9, CODE OF ORDINANCES; ADOPTING NEW SUBDIVISION REGULATIONS FOR THE CITY OF FORNEY; EXTENDING THE SUBDIVISION REGULATIONS INTO THE CITY’S EXTRATERRITORIAL JURISDICTION; ADOPTING SUBCHAPTER B, CHAPTER 212 OF THE LOCAL GOVERNMENT CODE, WHICH ALLOWS FOR THE REQUIREMENT OF DEVELOPMENT PLATS IN THE CITY AND WITHIN ITS EXTRATERRITORIAL JURISDICTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Forney has determined that the adoption of new subdivision regulations is in the best interest of the citizens of the City; and
WHEREAS, the City hired a professional land planning firm to assist in determining the land use needs of the City; and
WHEREAS, the new subdivision regulations will promote the orderly, safe and efficient growth of the City and the City’s extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORNEY, TEXAS, THAT:
Section 1. All of the above premises are true and correct and findings of the City of Forney City Council and they are hereby approved and incorporated into this Ordinance as if copied in their entirety.
Section 2. Chapter 9 of the Code of Ordinances of the City of Forney, Texas, is hereby repealed in its entirety.
Section 3. The Subdivision Ordinance, attached hereto as Exhibit A and fully incorporated herein by reference, is adopted and shall govern the development of subdivisions within the City, effective as of the date of passage of this Ordinance.
Section 4. As authorized by Section 212.003 of the Texas Local Government Code and other applicable law, the governing body of the City of Forney hereby extends to the extraterritorial jurisdiction of the City in the application of the new Subdivision Ordinance as adopted in Section 3, above, of this Ordinance.
Section 5. The governing body of the City of Forney hereby adopts Subchapter B, Chapter 212 of the Local Government Code, requiring development plats to be prepared, filed and approved before new development begins on property situated in the City and within the City’s extraterritorial jurisdiction. The rules governing development plats shall be as stated in Section 2.7 of Exhibit “A.”
Section 6. Any and all ordinances, orders, resolutions, rules, regulations, policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of any conflict herewith.
Section 7. If any section, subsection, clause, phrase or provision of this Ordinance, or any application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or any application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Section 8. All of the regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this Ordinance, acting for the City of Forney in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties.
Section 9. Any person, firm or corporation that violates any provision of this Ordinance, upon conviction, shall be deemed guilty of a misdemeanor and fined a sum not to exceed five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
PASSED, APPROVED AND ADOPTED this 20th day of July, 2000.