HomeMy WebLinkAbout78-2259 ordORDINANCE NO. 78-2259
SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW, TEXAS
AN ORDINANCE DEFINING THE GENERAL RULES AND REGULATIONS GOVERNING
PLATS AND SUBDIVISIONS OF LAND FALLING WITHIN THE JURISDICTION OF
THE CITY OF PLAINVIEW FOR THE PURPOSE OF PROVIDING FOR THE ORDERLY,
SAFE, AND HEALTHFUL DEVELOPMENT OF THE AREA WITHIN THE CITY AND
WITHIN THE AREA SURROUNDING THE CITY AND TO PROMOTE THE HEALTH,
SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY: DEFINING TERMS:
SETTING FORTH PURPOSE, AUTHORITY AND JURISDICTION, REQUIRING APPROVAL:
ESTABLISHING PROCEDURE FOR APPROVAL OF PRELIMINARY AND FINAL PLATS:
PROVIDING GENERAL PROVISIONS: ESTABLISHING GENERAL REQUIREMENTS AND
DESIGN STANDARDS FOR STREETS, LOTS, BLOCKS, BUILDING LINES, ALLEYS,
EASEMENTS, FLOOD AREAS AND PLAYA LAKES: REQUIRING IMPROVEMENTS:
PROVIDING FOR CITY PARTICIPATION IN IMPROVEMENTS: PROVIDING FOR
RESERVATIONS, VARIANCES, INSPECTION OF CONSTRUCTION AND A PENALTY:
ESTABLISHING FILING FEES AND CHARGES: REQUIRING PERFORMANCE BOND:
PROVIDING FOR THE WITHHOLDING OF IMPROVEMENTS UNTIL SUBDIVISION IS
APPROVED, FOR CONFLICT WITH OTHER ORDINANCES, A SAVING CLAUSE, AND
AN EFFECTIVE DATE: AND PROVIDING FOR REPEAL OF ORDINANCE NO. 65-864.
SUBDIVISION REGULATIONS OF THE CITY OF PLAINVIEW, TEXAS
TABLE OF CONTENTS
SECTION PAGE
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ORDINANCE CAPTION
TABLE OF CONTENTS
ORDINANCE PREAMBLE
GENERAL
DEFINITIONS
PURPOSE, AUTHORITY AND JURISDICTION
PROCEDURE
4.01 APPROVAL PROCEDURE
4.02 PRELIMINARY PLAT
4.03 FINAL PLAT
GENERAL PROVISIONS
5.01 PARKS, SCHOOL SITES, PUBLIC AREAS
5.02 EASEMENTS FOR UTILITIES
5.03 DEDICATION FOR PUBLIC USE
5.04 DIVERSITY OP OWNERSHIP
5.05 PARTIAL DEVELOPMENT OF LARGE SUBDIVISION
5.06 COMPREHENSIVE GROUP HOUSING DEVELOPMENT
GENERAL REQUIREMENTS AND DESIGN STANDARDS
6.01 RELATION TO LAND USE
6.'02 STREETS
6.03 LOTS
6.04 BLOCKS
6.05 BUILDING LINES
6.06 ALLEYS
6.07 EASEMENTS
6.08 FLOOD AREAS AND PLAYA LAKES
6.09 REQUIRED IMPROVEMENTS
6.10 PARTICIPATION OF THE CITY IN IMPROVEMENTS
6.11 RESERVATIONS
6.12 VARIANCES
6.13 INSPECTION OF CONSTRUCTION
6.14 PENALTY
FILING FEES AND CHARGES
MAINTENANCE BOND
CONFLICT WITH OTHER ORDINANCES
SAVING CLAUSE
EFFECTIVE DATE
REPEAL
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SUBDIVISION REGULATIONS
OF THE
CITY OF PLAINVIEW, TEXAS
Whereas, under the provisions of'the Constitution and laws of the State
of TeXas, includin§ particularly Chapters 231, Acts of the 40th Legis-
lature, Regular~Session, 1927, as heretofore or hereafter amended (com-
piled as Articles 974a'and 6626, V.T.S.C.), and the provisions~ of Sec-
tion 4 of the Municipal Annexation Act (comp~led as Article 970a), as
heretofore or hereafter~amended, hereafter every owner of any tract
of land situated within the City of Plainview; who may hereafter divide
the same in two (2) or more tracts'described by metes and bounds or
otherwise for the purpose of laying ou~: any subdivision of such tract
of land or any addition to said City; or for laying out suburban lots
or building lots, or any lots, and purchasers or owners of lots fronting
thereon or adjacent thereto, are required to submit a plat of such sub-
division or addition 'for approval by the Planning Commission and the
City Oounci~l o~the City of Plainview; and
Whereas, the rules and regulations of the City established by ordinance,
governing plats and subdivisions of the land, be and~the same are hereby
extended to and shall apply to all of the area under the extraterritorial
jurisdiction of said city, as provided for in the Municipal Annexation
Act, enacted by the State of Texas and which appears as Article 970a,
Vernon's Annotated Civil Statutes.
NOW THEREFORE, BE IT ORDAINED BY THE C][TY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS,
On and after the passage of this Ordinance, any person, firm or corpora-
tion seeki~ng approval of any plat, plan or replat of any subdivision of
land within-the City of Plainview, Texas~and its legally established
extraterritorial jurisdiction shall be required to comply with the re-
quirements of this Ordinance before such approval may be granted, to-wit:
SECTION 1. '
GENERA[
These regulations shal~ govern every person, firm, association or cor-
poration owning any tract of land within the City Limits of the City of
Plainview who may hereafter divide the same into two or more parts for
the purpose of laying out any~subdivision of any tract of land or any
addition to said City, or for laying out suburban lots or building lots,
or any lots, streets, alleys, parks or other portions intended for pub-
lic-use, or the use.of purchasers or owners of lots fronting thereon or
adjacent thereto.
SECTION 2.
DEFINITIONS
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
City or The City shall mean City of Plainview, Texas.
Subdivision shall mean the division of a tract or parcel of
land into two or more parts or lots for the purpose,~whethe~-
immediate or future; of sale or-building development or
transfer of. ownership,-andshatl include're-subdivision.
Re-subdivision shall mean the division of an existing sub-
division, or the relocation of any street lines.
Subdivider shall refer to any person or any agent thereof,
dividing or proposing"~to divide land so~-~asLto constitute
a subdivision~ Furthermore, the term'"subdivider" shall be
restricted to include only~the owner, equitable owner or
authorizedagent to such owner or equitable owner, of land
sought to be subdivided.
Street shall mean a way for w)hicular traffic, whether desig-
nated astreet, highway, thoroughfare, parkway, throughway,
road., avenue, boulevard, lane,, place or however otherwise
designated.
Alleys shall mean a minor way used primarily for vehicular
and/or utility service to-the rear or side of properties
otherwise abutting on a street.
The word "Shall" shall be deemed as mandatory.
The word "May" shall be deemed as permissive.
Plat shall mean a map or chart of the subdivision. It shall
include plan, plat'~or replat, in both singular and plural.
Commission shall mean the City Planning Commission.
City Council shall mean the City Council of the City of
Plainview.
Extraterritorial jurisdiction shall mean that area of land
lying outside and adjacent~to~the corporate limits of the
City of Plainview over which the'City of Plainview has legal
control as set forth in Article 970a, VJT.C.S., enacted in
1963, as amended.
4
SECTION 3.
PURPOSE, AUTHORITY AND JURISDICTION
3. O1
3.02
3.03
3.04
AUTH OR ITY
This ordinance is adopted under the authority of the Consti-
tution and -laws of the State of Texas, incl'udin§ particularly
Chapter 231, Acts of-the 40th Legislature, Regular Session,
1927, as heretofore or" hereafter amended (compiled- as Article
974a, V.T.C.S.), and 'the provisions~"of~Section 4 of the Muni-
cipal Annexation Act 'as heretofore'or ~hereafter amended (Chap-
ter 160, ~Acts of the 58th Legislature, Regular Session, 1963,
compiled~as Article 970a, V.T.C.S.). This Ordinance is adopted
pursuant~to' the provisions of the ~Char~er of the City.
PURPOSE
The purpose of this ordinance is to provide for the orderly,
safe, and~healthful development of the area within the City
and within the area surrounding the City and to promote the
health, safety, morals, and general welfare of the community
by securing adequate.'provision for~traffic, light, air, recrea-
tion, transportation, water, drainage, sewage-and other facilities.
JURISDICTION
Any ownerof land located inslide the 'corporate limits of the
City of Plainview or within-its extraterritorial jurisdiction
wishing to subdivide such land shall submit to the Planning
Commission"a plan or'subdivision which shall conform to the
minimum requirements~set forth in these~regulations, An owner
subdividing his land into parcels"of not' less than ten (10)
acres each-for agricultural use. and not involving new streets
shall be exemp t" from these requirements.
APPROVAL REQUIRED
No subdivision plat shall be filed~or recorded, and no lot
ina subdivision inside the corporate limits of the City of
Plainview or within~its eXtr'aterritorial jurisdiction shall
be improved'or .sold until'the plat shall have been approved
by the City Council.
SECTION 4.
PROCEDURE
4.01
4.02
APPROVAL PROCEDURE
Plats of all proposed subdivisions shall be submitted to the
City of Plainview for approval. Preliminary Plats shall be
submitted to the City Planning Commission for review and re-
commendation, to the City Council for approval, conditional
approval or disapproval. App'roval of a Preliminary Plat by
the Commission shall be in the form of a recommendation to
the City Council for approval of the entire subdivision or
of a unit thereof in accordance with such conditions and
stipulations as the Commission shall deem appropriate.
Recommended Preliminary Plats shall be submitted to the City
Council for review and final approval or disapproval.
PRELIMINARY PLAT
A preliminary plat of any proposed subdivision, prepared by
a registered engineer or registered public surveyor and
bearing his seal, shall be submitted to the Planning Commis-
sion for recommendation and the City Council. for approval be-
fore the subdivider proceeds ,with the final plat for record.
Filing fees and charges as set forth in Section 7.02 shall
accompany the preliminary plat.
This preliminary plat sha~ll be drawn to a scale not smaller
than two hundred (200) feet to the inch.
The preliminary plat shall contain the following information:
Existing Features Inside Subdivision
a. The existing boundary lines (accurate in scale) of the
land to be subdivided. Boundary lines shall be drawn
in heavy lines for easy identification.
b. The location of existing water courses, railroads, and
other similar drainage and transportation features.
00
The location and width of existing streets, alleys, ease-
ments, buildings and structures, sewers, water mains,
culverts or other underground structures within or adja-
cent to the tract.
do
Topographical information with contour lines at one (])
foot intervals, unless otherwise permitted by the Planning
Commission due to conditions of terrain involved. All ele-
vations shall be referred to a Geodetic Survey or a City
Survey.
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SECTION 4. PROCEDURE
(CONTINUED)
e
Existing.Features Outside Subdivision
a. The name and property lines of adjoining property owners.
b. The name and location of~adjacent subdivisions, streets,
easements,~ pipe lines, water courses, etc.
All lines outside of subdivision boundaries to be dashed lines.
New Features Inside of Subdivision
a. The proposed name of the :subdivision.
b. The location, R.O.W. widtl~, and names of proposed streets.
c. The approximate width and depth of all lots. If the side
lines are not parallel, the approximate distance between
them at the building line and at the narrowest point
should be given.
d. The location of building lines, alleys and easements.
e. The location and approximate size~of sites for schools,
churches, parks, and other special land uses.
f. The approximate acreage of the property to be subdivided.
Key Map
A key map showing relation of subdivision to major thoroughfares
in all directions-'to a distance of at least one (1) mile.
Title, Etc.
The date, scale, north point and title under which the plat is
to be recorded, with the name of 'the owner and engineer or
surveyor platting the tract.
Submi ssi on
The Planning Commission shall be furnished with twelve (12)
legible prints-of the preliminary plat and with twelve (12)
copies Of a letter of~transmittal, stating' briefly the type
SECTION 4. PROCEDURE
(CONTINUED)
e
4.03
of street surfacing, drainage, sanitary facilites, and water
supply proposed, and the name and address of the owner or
agent and engineer or surveyor,, fourteen (14) days or more
before the regular Planning Corm~ission meeting. These docu-
ments shall be filed in the office of the City Engineer in
the City Hall.
Approval
Prior to the Planning Commission's consideration of a pre-
liminary plat, the City Engineer shall review the same and
transmit a copy of the proposed plat to all utility companies
which may be affected for review and recommendations.
The P1 anning Commission shal 1 approve, conditional ly approve
or disapprove within thirty (30) days any preliminary plat
submitted to it. Condi~tional approval shall be considered to
be the approval of a plat or re-plat subject to conformity
with prescribed conditions, but shall be deemed to be a dis-
approval of such plat or re-plat until such conditions are
complied with. All objections made to the preliminary plat,
or conditions imposed, shall be furnished to the subdivider
in writing. If no decision is rendered by. the Planning Com-
mission within the thirty (30) day period described above or
such longer period as may have been agreed upon, the prelimi-
nary plat, as submitted, shall be deemed to be recommended
for approval to the. City Council.
Approval of the preliminary plat shall be deemed an expression
of approval of the layout only and shall not constitute accep-
tance of the final plat.
Preliminary approval will expire six (6) months after the ap-
proval by the City Council of the preliminary plat or of sec-
tions thereof. The subdivider may apply in writing an exten-
sion prior to the end of such six (6) month period. This
period may be extended six (6) months, but not beyond a total
of one (1) year.
FINAL PLAT
Afte. r~approval of a pr~eliminary plat by the City Council, a
'final plat, prepared by a registered engineer or registered
surveyor and bearing his seal, shall be su;bmitted to the City
Council by filing in the office of the City Engineer. Such
plat shall have all changes and alterations made on it that
were required on the previously submitted preliminary plat.
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SECTION 4. PROCEDURE
(CONTINUED)
2e
The Final Plat shall be sized and contain the information,
details and documents as follows:
Sheet Size and Scale
All final plats shall be..drawR in permanent reproducible ink
on tracing cloth or plastic tracing sheets 8½" x ll", 8~" x 14",
11" x 17", 17" x 22" or 22" x 34" and to a scale of one (1) inch
equals one hundred (lO0)' feet. Where more than one (1) sheet is
required, an index sheet of maximum size, 22" x 34", shall be
filed showing the entire subdivision; all sheets shall be of
the same size.
Existing Features Inside Subdivision
ae
de
eo
The existing boundary lines; with accurate distances and
bearings of the land to be subdivided. Boundary lines
shall be drawn in heavy lines for easy identification.
fe
An accurate metes and bounds description of the area in-
cluded in the subdivisi~on, including reference to section
corners, established subdivisions, primary control points,
and total acreage being platted, shall be placed upon the
final plat. Where more than one ownership is involved in
the area being subdivided, the limits of each owner's
land shall be clearly designated on the final plat.
The location of existing water courses, railroads, and
other similar drainage and transportation features.
True bearings and distances to the nearest established
street lines, official monuments, or subdivision corner,
which shall be accurately described on the plat.
The location and width of existing streets, alleys, ease-
ments, R.O.W.'s, buildings and structures to be retained.
An accurate location of the subdivision in reference to the
deed records of the County which shall include the volume
and page of the deed of the property to be subdivided.
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SECTION 4. PROCEDURE
(CONTINUED)
J
Existin9 Features Outside Subdivision
aJ
The name and property lines of adjoining subdivisions
and of the adjo].ning proPerty owners, together with the
respective plat or deed references.
b. The name and location of adjacent streets, alleys, ease-
ments, water courses, etc.
All lines outside of subdivision boundaries to be dashed lines.
Streets, Alleys, Easements
The lines and names of all proposed streets or other ways or
easements to be dedicated to public use, with the following
engineering data:
a. For Streets and Alleys
Complete curve data (Delta, Length, Radius, Tangent, Point
of Curve, Po:int of Reverse Curve, Point of Tangent) shown
on the center line or on each side of street or in a chart
on the plat which lists all such data for each curve.
Length and bearings of all tangents. Dimensions from all
angle points and points of curve to an adjacent side lot
line.
b. For Water Courses and Easements
Distances to be provided along the side lot lines from the
front lot line or the high bank of a stream.
Traverse line to be provided along the edge of all large water
courses in a convenient location, preferably along a utility
easement, if paralleling the drainage easement or stream.
Lots and Blocks
The lines and numbers of all proposed lots and blocks with com-
plete bearings and dimensions for front, rear and side lot lines
and area of each lot shall be shown. (Use block numbers only when
previous units of same subdivision have numbered blocks, other-
wise use continuous consecutive lot numbers throughout subdivision).
The location of minimum building set-back lines from all streets
on lots and other sites.
10
SECTION 4. PROCEDURES
(CONTINUED)
designates and identifies such party's actual homestead.
In the case of'lienholde~.;, there 'shall be executed a
subordinati~on agreement wl~ereby 'al'l lienholders subordi-
nate their~ liens"'to all~ public 'streets, alleys, parks,
school si'tes~ and "any other public' areas'shown on the
final plat of such subdivision 'as~being set aside for
public uses~and purposes~ The'dedication deed or cer-
tificate of dedication shall, in addition to the above
requirements, contain'the following:
An accurate metes and bounds description of the tract
of land subdivided (tile description placed on the
final plat should be used for this purpOse). Also,
a description of the limits of each"owner's land and
the lots, plots, and building sites of the subdivision
included within the bOundary'-of each owner's land.
A statement and express representation that the parties
joining in such dedication deed or certificate of dedi-
cation are -'the ' sol e owners of such tract of land.
An express dedication to the public for public use
forever over the streets, alleys, easements, rights-
of-way, parks, school sites and other public places
shown on 'the ~attached plat.
A positive reference and identification of the Final
Plat of such subdivision by the name of such Subdivi-
sion, date of the Plat-, and the engineer or surveyor
who prepared the Plat.
b. Engineer's or'Surveyor's Certificate, to be placed on the
plat:
Know All Men By These Presents:
That I, , do hereby certify that
I prepared this plat and the field notes'made a part there-
of from an actual and accurate survey~of the land and that
the corner-monuments shown'thereon~'were properly placed
under my personal~ super~ision, ~in accordance wi th the
Subdivision Regulations of the City of Pla,nview, Texas.
(Professional Seal )
Name, Title & Registration Number
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SECTION 4. PROCEDURES
(CONTINUED)
Ce
Certificate of APproval by the City Council of the City
of Plainview, to be placeol on the plat:
Approved this ~.day of , 19
Council of the City of Plainview, Texas.
by the City
Mayor
11.
12.
13.
14.
City C1 erk
Special Restrictions
Where restrictions of use of land, other than those given in
these regulations are to be imposed by the subdivider, such
restrictions shall be placed on the final plat or on a sepa-
rate instrument filed with the plat.
Tax Receipt
Tax receipts and assessment releases .showing that all taxes
and all assessments have been paid are to be submitted con-
current with the final plat.
Subdivision Improvements
The developer shall install all survey monuments and markers,
street paving, curbs and gutters, alley grading, storm drain-
age, water and sanitary sewer mains and laterals, traffic-
signs, street lights, street signs and sidewalks, within and
'adjacent to the subdivision in accordance with Section 6.09
of this ordinance, or shall provide cash deposit or other
guarantee acceptable to the City for the payment of the
cost of such installations prior to the final approval by
the City Council.
Provisions for parks and open space shall be made as set
forth in Section 6.09.
Submi ss i on
The City Engineer shall be furnished with eight (8) legible
prints, one reproducible film copy and the original tracing
of the final plat, along with all required documents.
13
SECTION 4. PROCEDURES
(CONTINUED)
15.
Filing of Record
Upon execution of the final plat for filing, one copy shall
be transmitted to the County Clerk for record. The original
reproducible tracing shall be returned to the applicant.
All required plats, dedication deeds, restrictions, and other
documents set forth in Section 4, along with a filing fee as
described in Section 7.02, and all charges, fees and deposits
set forth in Section 6.09, shall accompany the submis-sion of
the Final Plat. Upon the approval of the Final Plat and ac-
companying documents, the City shall file the documents for
record in the office of the County Clerk. The original docu-
ments shall be returned to the City Clerk for deposit in the
permanent files of .the City of Plaidview. All Final Plats
approved by the City Counc~i].shall be filed of record prior
to the return of the original tracing to the subdivider. No
Final Plat shall be filed unless and until all requirements
of the subdivision regulations; have been complied with and
until such stipulations as may be set by the City Council
have been met.
Final approval will expire one! (1) year after approval by
the City Council unless the plat has been filed for record.
The subdivider may apply in writin9 prior to the end of such
one (1) year period for an extension. This period may, at
the discretion of the City Council, be extended for another
year, but not beyond a total of two (2) years.
SECTION 5
GENERAL PROVISIONS
5.01
PARKS, SCHOOL SITES, PUBLIC AREAS
Preliminary subdivision plats shall provide sites for schools,
parks or other public areas as. set out in the Comprehensive
City Plan. The responsible Public Authority must take steps
to acquire such property within sixty (60) days of the submission
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SECTION 5. GENERAL PROVISIONS
(CONTINUED)
5.02
5.03
5.04
5.05
of the preliminary plat to the City Planning Commission
or else the subdivider may'proceed with his subdivision
as though such areas. 'were non-~existent.
EASEMENT, SFOR UTILITIES
The Planning Co~ission may'requireeasements for
poles, wires, conduits,'-storm and sanitary sewers, gas, cable TV
and water mains, or other utility lines if'necessary or
advisable inthe'opinion of the Planning Commission.
DEDICATION FOR .PUBLIC USE
There shall be no reserved'strips of'land except those
which are conveyed to the government having jurisdiction.
DIVERSITY OFOWNERSHIP
Where the desirable development of a residential neigh-
borhood is dependent upon coordination of'diverse land
ownership, the Planning Commission~'may require that an
overal 1 ~'neighborhood study pl an be'~ prepared so that
indiVidual subdivisions'may be developed -in harmony
with one another and their envi~rons in accordance
with the Land Use Plan.
PARTIAL-DEVELOPMENT OF LARGE SUBDIVISION
Final plats may be approved on portions of a large
area of'land for which'a preliminary plat has been
approved',' provided' that l the requi red"~improvemen ts for
said portion are developed as part of the "reqUired im-
provements for the entire area. Water mains, storm
sewers, trunk sewers, and any sewage treatment plant
shall be designated and built to serve'the"entire area
owned by the"subdivider' or designed~and built in such
a manner that they can easily be expanded' or extended
to serve the entire area. "Construction plans as re-
quired in Section 4.02 therefore will be designed to
serve the entire area shown on the preliminary plat.
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SECTION 5. GENERAL PROVISIONS
(CONTINUED)
5.06
COMPREHENSIVE GROUP HOUSING DEVELOPMENT
A comphrehesive group-housing development including the
construction 'of two or more 'buiqdings,' together with
the necessary drives and'ways of access and which is
not subdivided into the customary lots, blocks, and
streets, may be approved' by'~'the Planning " Commi ssi on
if in the opinion of the Planning Con~ission, any
departure from'~the foregoing"regulations can be made
without' destroying the intent off,the regulations.
Plans for all such developments~ shall be su'bmitted to
and approved by the Planning Commission, whether or
not such plat is~to 'be recorded and'no building permits
shall be issued-until such approvals'has been given.
SECTION 6
GENERAL REQUIREMENTS AND DESIGN STANDARDS
6. O1
6.02
l.
RELATION TO LAND USE
All subdivisions shall .conform to the Comprehensive
Plan of the City' and to all applicable zoning regula-
tions, and no subdivision 'design shall 'be approved
that requires a change in zoning or' an amendment to
the Land Use Plan, as adopted.
STREETS
Conformi'ty to' Major Street Plan
The width and location of' streets shall conform to
such Major Street Plan as' the 'Planning~ Co~ission may
have adopted, both asto horizontal and vertical
alighment and '.ri ght~of~way widths.
Relation to Adjoinin~. Street System
The proposed street sys'tem shall extend all existing
major'streets and such existing.secondaryand local-
access streets-asmay be desirable~for-convenience
of circulation'. Where possible, the width and the
16
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
horizontal ~and vertical alignment of extended streets
shall be preserved.
3. Street Jogs
Ge
Where off-sets in street alignmentame~ in' the opinion
of the Planning Commission, unavoidable, such off-sets
may be employed, provided~the distancebetween center
lines is not' less 'than one'hundred twenty-five (125)
feet.
Large-Lot Subdivisions
If the lots i-n the proposed subdivision are large
enough to suggest-resubdivision in the future, or if
part of the tract 'is not subdivided, consideration must
be given to possible:future street openings and access
to future lots which could result from such resubdivision.
Through Traffic
Local residential streets shall be designed so as to
discourage high-speed or'through traffic.
Topography
The street system shall bear a logical rel.ationship
to the natural topog~raphy or'the ground.
Street Widths
"Street Width" shall be measured from front lot line
to front lot line"of' opposite lots.
a. Local Streets
Local streets shall have a minimum R.O'.W. width
of sixty (60) feet, unless otherwise specifically
permitted by the Planning Commission.
b. Secondary Streets
Secondary JO' feeder streets shall have a minimum
R.O~W. width of seventy~five (75) feet.
c. Major Streets
The width of major streets shall be determined by
the Planning Commission, time Major Street Plan,
17
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
10.
11.
12.
13.
and adopted standards. Major streets with a right-
of-waywidth ofJless than one'~hundred (lO0) feet
are to-be increased to a width of one hundred (100)
'feet for a~di'stance of'one hundred fi'fty (150) feet
at the approach to a major ~street intersection,
with a-transi'tion back ~to normal right-of-way over
a distance of~an~additional one hundred fifty (150)
feet.
Street Alignment
The maximum deflection in alignment permitted without
use of curve' shall-be ten (10) degrees.
Major,Street Curves
Curves in major streets shall have a center line radius
of two-thousand (2,000)~feet or~.more-with exceptions
to thiS standard granted on~ by the Planning Commission.
SecondaryStreet Curves
Curves in secondary or feeder streets shall have a center
line radius of eight hundred ~800) feet or more, with
exception'to this standard granted only by'the Planning
Commission'.
Local Street~ Curves
Curves i.n local streets are to have a center line radius
of three ~hundred (300) feet or more, except ~for "loop"
or partial "loop" streets.
Reverse Curves
Reverse curves on major thoroughfares and collector
streets shall be separated- by~'a'minimum tangent of one
hundred (lO0) feet.
Dead-End Streets / Cul-De-Sacs
a. Turn-arounds
Turn-arounds are to have a circular d-riving surface
that has a minimum radius of forty~five (45) feet
and a street right-of-waythat has a minimum radius
of sixty (60) feet.
18
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
14.
15.
b. Maximum Length
The maximum length of a dead-end street with a permanent
turn-around shall be four hundred (400) feet, measured
from the right-of-way line of the intersecting street to
the center point of the turn-around circle, except in
conditions of unusual topography.
c. TemporarS Turn-Arounds
Temporary turn-arounds are to be provided at the end of
streets more than four hur~red (400) feet long that will
be extended in the future. The following note should
be placed on the Plat: "Cross-hatched area is temporary
easement for turn-around until street is extended (give
direction) in a recorded plat."
Street Intersections
a. Angle of Intersection
Exceptwhere existing conditions will not permit, all
streets, major and minor, shall intersect at a ninety (90)
degree angle. Variations of more than ten (10) degrees on
minor streets and more than five (5) degrees on major or
secondary streets must first be approved by the Planning
Co~ission.
b. Radius at Acute Corners
Acute angle intersections approved by the Planning Commis-
sion are to have twenty-five (25) feet or greater radii at
acute .corners.
c. Center-Line Tie With Existing Streets
Each new street intersecting with or extending to meet
an existing street shatl be tied to the existing street
on center line with d~mensions and bearings to show rela-
tionship.
Partial or Hal f-Streets
Partial or half-streets may be provided where the Planning
Commission feels that a street should be located on a pro-
pemty line. The following note shall be used in all such
1.9
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
17.
18.
19.
20.
6.03
1.
de,Ii, cation: "This foot strip is dedicated as
an easement for all public utilities and such other utili-
ties as may be permitted by the City and subject to such
limitations as may be require~ by the City and shall automa-
tically become dedicated for street purposes when and inso-
far as a foot strip adjacent to it is so dedicated
and the required improvements are installed."
Reserve Stri ps
Provisional one (l) foot reserves may be used along the
side or end of streets that abut acreage tracts, accompanied
by a note on the plat as follows: "One (1) foot reserve to
become automatically dedicateG~ for street purposes when ad-
jacent property is subdivided in a recorded plat", and ac-
cess to dedicated t~act is hereby prOhibited until such.
Street Names
New streets shall be named so as to provide continuity of
name with existing streets anG~ so as to prevent conflict
with identical or similar names in other parts of the City.
Private Streets
Dedicated streets and rights-of-way shall not be designated
or used as private streets an~ such use is prohibited.
Access to Major Streets
Where a subdivision borders on or contains the right-of-
way of a freeway, major thoroughfare, drainage way or rail-
road, the Planning Commission may require a service street
parallel to and on both sides of such right-of-way, or they
may require that residential lots back up to said right-of-
way without means of access. However, reserve strips con-
trolling access to streets shall.be prohibited except where
their control is definitely placed in the City under condi-
tions approved by the Planning Commission.
LOTS
Use
All lots shown on the plat will be for residential
20
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
purposes, unless otherwise noted. Standards that follow apply
to residential lots.
2. Lot Size
e
w
To conform with Zoning Ordinance. On the basis of the dis-
trict in which they lie and the use to which they are to be
put, all lots must conform to the regulations of the Zoning
Ordinance, including minimum area, width and depth.
Lot Width Definition
The lot width is the minimum distance between the side lot
lines of a building lot measured along a straight line at
the rear of the required front yard and parallel to the street
line or a line tangen~ thereto, unless otherwise defined.
Minimum Width
Not less than fifty (50) feet at the front and rear yard
set-back lines, unless land being platted is in a zone which
specifically permits lots of less width. Radial lots to have
minimum chord width of fortY (.40) feet at the front property
line.
Minimum Depth
One hundred (100) feet.
Minimum Area
Five thousand (5,000) square feet, unless land being platted
is in a zone which specifically permits lots of less area.
Corner Lots
Corner lots with a width of less than sixty-five (65) feet
are to be at least five (5) feet wider than average of in-
terior lots in the block. Corner lots with a width of less
than seventy-five (75) feet adjacent to a major thoroughfare
are to be. at least fifteen (15) feet wider than the average
of interior lots in the block.
Lots on Major Streets
Lots facing or backing on major streets shall be at least ten
(lO) feet deeper than average lots facing on adjacent minor
streets.
21
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
( CONTINUED)
9. Lots on Drainage Easements
Minimum usable lot'depths ~for-lots backing on natural
draina§e easements shall~be not less than one hundred
(100) feet-measured between"front lot line and drain-
age easement.
10. Lot Shape
Lots should be rectangular insofar~as practicable.
Sharp angles between~lot lines should be avoided. The
ratio of depth to width'should~not ordinarily exceed
two and one-half (2-1/2) times.
ll. Lot Lines
Side lot lines should be perpendicular or radial to
street frontage.
12. Lot Facing
a. Street Frontage
Each lot shall be provided wi~h adequate access
to an existing or proposed public street by
frontage on rsuch street'not'~to be less than
forty (40) feet, as per #4.
Double Front
Double front lots are prol~i bi ted except when
backing on majorLthoroughfares.
c. Front Facing
Wherever feasible, each lot should face the front
ora similar lot across~tlhe street. In general,
an arrangement~placing adjacent lots at right
angl. esto each other should be'avoided.
13. Lot Numbering
All lots are to be numbered consecutively within each
block. Lot numbering may be cumulative throughout
the subdivision~if the numbering'continues~from block
to block in a uniform manner that~has'-been approved on
22
SECTION 6. GENERAL REQUIREIt~NTS AND DES'IGN STANDARDS
(CONTINUED)
14.
6.04
1.
e
e
e
6.05
1.
anoverall preliminary plat. Use blOck numbers only
when previously pl-atted units' of the same subdivision
havenumbered blocks.
DrivewayRestPictions
Rear and side driveway acces.s to major thoroughfares
shal~l be prohibited.
BLOCKS
B1 ock Length
Blocks shall not be more than thirteen hundred tWenty
(1,320) feet in length.
Block Width
Blocks shalt be wide enough to all'ow two (2) tiers
of lots with a block width no less than two hundred
twenty (220) feet, except when prevented by the size
of the property or 'the need to back-up to a major
thoroughfare.
Crosswal ks
Crosswalk ways of fifteen (15) feet in width across
blocks exceeding eight hundred (800) feet in length
shall be dedicated wheredeemed necessary by the
Planning Commission.
BlOck Numbering
Blocks are to be numbered consecutively within the
overall plat and/or sectionsl of'a overall plat as
recorded only when previous units of subdivisio~
have numbered blocks, otherwise-blocks shall not be
numbered.
BUILDING LINES
Front Street
The front building lines shall not be less than twenty-
five (25) feet from the front property line, unless land
b~i:.~g platted is in a zone which specifically permits less,
except that where the lots face on~a major street, the front
bui.l~ding line shall not be less than thirty-five (35) feet
from the front proper'ty line.
23
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
2. Side Street
6.06
1.
The building line on the side of corner lots shall
not be less than fifteen (15) feet from the side
street propertyqine, except thatwhere'the lots side
on a major street, the building line shall not be
less than 'twenty-five ~(25) feet from the side street
property ~line, and'where the side of'a corner lot is
across the street from or adjacentto the front of
Other lots, the building line shall be at the same
diStance from the street as the front building line
of the opposite or adjacent lots.
Rear Street
The rear building line where lots back on a major
street shall not be less than thirty-five'(35) feet
from the rear property line.
ALLEYS
Alleys Required
Alleys shall be ~required. along the rear line of all
lots to bemused for commercial use or residential use.
Alley Width
Where provided, alleys shall not be less than twenty
(20) feet in width.
Cut-Offs
In case of intersecting alleys, a cut-off shall be
required at each corner~ Cut--offs shall be triangles
laving two~(2) equal sides each~ofwhich shall not be
ess than twenty (20)'feet'in length.
Dead-End Alless
No ~Permanent dead-end alleys shall be permitted. Alleys
in new subdivisions shall connect to and/or be aligned
with alleys in adjacent subdivisions wherever feasible.
24
SECTION 6. GENERAL REQUIREMENTS AN[)DESIGN STANDARDS
(CONTINUED)
6.07 EASEMENTS
1.~ Size
The size of easements where alleys are not provided shall
not be less than ten (10) feet on each side of rear lot
lines. Easements along side lot lines shall be not less
than ten (10) feet in width. However, where deemed neces-
sary by the-Planning Commission, such easements may be re-
quired to be twenty (20) feet in width.
2. Use
Where necessary, easements shall be retained for poles,
wires, conduits, storm sewers.., sanitary sewers, water lines,
open drains, gas lines or other utilities. Such easements
may be required across parts of lots (including side lines)
other than as described above:, if in the opinion of the
Planning Commission, same is needed.
6.08 FLOOD AREAS AND PLAYA LAKES (Wet Weather Lake Areas)
1. Flood Areas
Areas within the juri,sdiction of the City Planning Commis-
sion subject to flbod conditions, as established by Federal
and State agencies and the Ci~;y Engineer of Plainview and
for which the limits of such flood conditions have been
adopted by the City of Plainview, will not be considered
for subdivision until adequate drainage or other approved
protection has been provided.
2. Playa Lakes (Wet Weather Lake Areas)
Areas of playa lakes lying below the established high water
level shall be designated as park or open space in manner
set forth in Section 5.01 of these regulations. If not ac-
quired by the responsible public authority as set forth in
Section 5.01 of these regulations, these playa lakes may be
modified to conform with established standards as provided
for by ordinance or other regulations established by the
City of Plainview.
25
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
6.09
'l.
e
REQUIRED IMPROVEMENTS
STRE£T$
All streets shall be paved with a permanent type of
pavement i~n accordance with City Specifications.
Paving widths shall-be in accordance wi-th the standards
set forth in the Major Thoroughfare Pl~an 'of the City
and shall'be constructed 'under the 'supervision of the
City Engineer.
CURBS AND-GUTTERS
Curbs and gutters shall be provided along both. sides
of all streets within the subdivision in ~accordance
with City Specifications.
S I DEWAL KS
Sidewalks not less than four (4) feet in width may be
required on both sides of all' major and collector
streets and along one or'both sides of certain specified
local streets.
ALLEYS
All Alleys shall be graded and leveled in accordance
with City Specifications.
WATER
Water mains of a size adequate to provide a domestic
water ~supply and fire protection shal'l'be installed
to serve all lots within the subdivision in accordance
with the Comprehensive Plan and City Specifications.
SAN ITARY SEWER
Sanitary sewers shall be provided to serve all lots
within the subdivision in accordance with the Com-
prehensive Plan and City Specifications.
STORM DRAINAGE
Underground storm drainage facilities shall be provided
where the run-off of storm water and the prevention of
erosion cannot be accomplished satisfactorily by sur-
face drainage. All drainage 'Facilities shall be con-
structed in accordance'with the Comprehensive Plan and
26
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
City Specifications.
8. MONUMENTS
e
10.
11.
6.10
Monuments consisting of three-eights inch (3/8") dia-
meter steel rods twenty-four inches (24") long shall be
placed at all corners of block lines, the point of. inter-
section of alley and block lines, and at points of inter-
sections of curves and tangents of the s:ubdi vi si on .
b. Lot markers consisting of three-eights inch (3/8") dia-
meter steel rods shall ~be placed at all lot corners.
STREET NAME AND TRAFFIC SIGNS
All street name signs and traffic signs shall be provided and
shall meet the type and erection standards of the City.
STREET LIGHTING
Street lighting shall be provided and shall meet-the design
standards for intensity, location, type and erection of the
City of Plainview.
PUBLIC PARKS AND OPEN SPACE
Public parks and open space .<;hall be provided in accordance
with location, size and design standards as established in
the City of Plainview Parks and Open Space Development Plan
and Pol icy.
PARTICIPATION OF THE CITY IN IMPROVEMENTS
The City shall not be required to participate in the cost of
any improvements where such improvements required by this or-
dinance are outside the corporate limits of the City.
a. Ri 9ht-of-Way
The subdivider shall dedicate right-of-way for
streets in accordance with the requirements set
forth in Section 6.02.
b. ~avin9
The subdivider shall pave all residential and collec-
tor streets up to forty-one (41) feet in width in ac-
cordance with City Specifications. Paving beyond forty-
one (41) feet in width shall be the responsibility of
the City, County, or State.
27
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
e
2. All underground utili~! lines shall be installed
prior to paving.
e
All excess excavated material from dedicated streets
and alleys not used in the development of the land be-
ing platted shall be removed from the site and deposi-
ted at disposal sites designated by the City of Plain-
vi ew.
CURBS AND GUTTERS
Curbs and gutters shall be provided by the subdivider.
SIDEWALKS
Sidewalks, if required, shall be provided by the subdivider.
WATER
Where the City requires larger water mains and branches than
are necessary to serve the subdivision in order to provide for
future development, the subdivider may be entitled to partici-
pating aid from the City, in accordance to current policy, and
availability of current funds.
SANITARY SEWERS
Where the City requires larger sewer lines than are necessary to
serve the subdivision in order to provide for future development,
the subdivider may be entitled to participating aid from the City,
in accOrdance to current policy and availability of funds.
STORM DRAINAGE
Where the City requires larger storm drainage facilities than
are necessary, to serve the subdivision in order to provide for
future development, the subdivider may be entitled to participa-
ting aid from the City, in accordance to current policy and avail-
ability of Current funds.
Where the City does not participate in storm drainage im-
provements and the cost of necessary storm drainage con-
struction is prohibitive for the subdivider to bear, all
areas affected by such drainage may be omitted from the
development.
28
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
7. MONUMENTS
Monuments shall be provided by the Subdivider.
8. LOT MARKERS
Lot markers shall be provided by the Subdivider.
e
STREET NME SIGNS AND TRAFFIC SIGNS
Street name si§n$~a~d'~traffi, c signs shall' be'providedtby
the Subdivider.
10. STREET LIGHTS
Street lights shall be provided by the Subdivider.
11.
PUBLIC PARKS AND OPEN SPACE
Public parks and open space shall be provided by the Sub-
divider.'ci.n the manner set forth in Section 5.01 herein.
12. PRO- RATA
Where water, sanitary sewer, street name signs, traffic
signs, street lighting and parks and open space are sub-
ject to a pro-rata payment prior to final plat approval,
such payment shall be considered the subdivider~s payment
in full for such improvement, providing the City of Plain-
view has adequate funds, after the payment of such pro-rata
charges, to Construct ~the required improvements. In the
event that such pro-rata payment does not provide sufficient
funds to construct the required improvements and the City of
Plainview does not have suffic~ient additional funds to com-
plete the construction of said required improvements, then
the subdivider shall provide funds required to pay the total
cost of constructing the said required improvements.
13. .BUILDING~PE~M'ITS
No Building Permits shall be issued until all improvements
are in place, unless otherwise authorized by City Council.
6.11 RESERVATIONS
Permitted Purposes
No land contained in the proposed subdivision shall be re-
served for any use other than a use permitted by the Zoning
Ordinance for the district in which the land to be reserved
is located.
29·
SECTION 6. GENERAL REQUIREMENTS AND DESIGN STANDARDS
(CONTINUED)
e
e
6.12
6.13
Designation on Plat
The specific use for which each piece of land is to be re-
served must be shown by appropriate label or description on
the subdivision plat. Provision for future abandonment of
a reservation as may be appropriate must likewise be shown
on said plat.
Parks and Playgrounds
The location and size of parks and playgrounds shall be in
accordance with the Planning Commission's Park Sites Plan.
Schools
The location and size of school sites shall be in accordance
with the Planning Commission's School Sites Plan and with
the requirements of the School District.
VAR IANC ES
When a subdivider can show that a provision~of these regula-
tions would cause unnecessary hardship if strictly adhered to
and where, because of some condition peculiar to the site, in
the opinion of the Planning Commission, a departure may be
made without destroying the intent of such provisions, the
Planning Commission may authorize a variance.
However., any variance thus authorized is required to be entered
in writing into the minutes of the Planning Commission and the
reason which justified the departure to be set forth, and such
variance must be authorized by affirmative vote of not less than
two-thirds (2/3) of the entire members of the Planning Commission.
INSPECTION OF CONSTRUCTION
The City shall be given opportunity to inspect all phases of
the construction of improvements for s~bdivision. The subdi-
vider, or his contractor, shall maintain daily contact with
the City Engineer, or his representative, during construction
of improvements.
No sanitary sewer, water, or storm sewer pipe shall be covered
without approval of the City Engineer, or his representative.
No concrete shall be poured for streets, structures, or curbs
and gutters without said approval. No flexible base material
shall be placed on the street subgrade, or asphaltic surface
applied to the flexible base of a street without said approval.
3O
SECTION 6.~'GE~ERAL~REQUIREMENTS AND DESIGN STANDARDS
( CONT IN UED)I
6.14 PENALTY
Any person violating this Ordinance or any portion thereof
shall upon conviction be guil~y of a misdemeanor and shall
be fined any sum not exCeeding $200, and each day that such
violation continues shall be considered a separate offense
and punishable accordingly.
SECTION 7
FILING FEES AND CHARGES
7.01
The following schedule of fees and charges shall be paid to
the City when any plat is tendered to the Planning Commission,
City Council, or any other autlhorized board or agency of the
City. Each of the fees and charges provided herein shall be
paid in advance, and no action of the Planning Commission, the
City Council or any othFr board or agency shall be Valid until
the fee or fees shall have been paid to the officer designated
therein.
7.02
The City Engineer, his deputies or assistants, shall calculate
the fees and charges, in accordance with the following schedule.
Preliminary Plats
$20 per plat, plus fifty cents (50¢) per lot.
o
Final Plats
$20 per plat, plus $1.50 per lot.
J
For approval of multiple dwelling areas, commercial or indus-
trial areas not subdivided into lots, the Preliminary Plats
shall carry a fee of $5 per acre, per plat. The fee for the
Final Plat shall be $20 per plat.
Mobile Home Parks
$20 per plat, plus $2 per mobile home space.
Be
These fees shall be charges on all plats, regardless of the
action taken by the Planning CommJssion and the City Council,
and whether the plat is approw~d or denied.
31
SECTION 7. FILING FEES AND CHARGES
(CONTINUED)
e
The subdivider shall cause a check to be made payable to the
City of Plainview to cover all recording fees involved in
finishing the platting process, and have this delivered to the
City Secretary prior to the submission for approval.
8.01
8.02
9.01
SECTION 8
PERFORMANCE BOND
In the event a subdivider develops independently of the City
of Plainview furnishing engineering and inspection of required
improvements, the subdivider shall furnish a good and sufficient
performance bond with a reputable and solvent corporate
surety, in favor of the City, to indemnify the City against any
repairs which may become necessary to any part of the construction
work performed in connnection with the subdivision, arising
from defective workmanship or materials used therein, for a full
period of one year from the daLte of final acceptance of the
entire project. Final acceptance will be withheld until said
performance bond is furnished to the City Attorney for approval.
The performance bond shall have attached thereto a copy of the
contract for such improvements, and such other information and data
necessary to determine the validity and enforcibility of such
bond. When the bond has been examined and approved, the City
Attorney shall furnish the Cit~ Council with a written certifi-
cation that the performance bond is valid and enforceable as
regards all improvements required by this Ordinance still
in complete and for which cash deposit has not been made.
Withholding Improvements Until Approved
The City shall withhold all City Improvements of whatsoever
nature including the furnishing of sewage and water service
and street maintenance from all subdivisions, which have not
been approved as provided by law and further, no permits shall
be issued by the Building Inspector of the City on any piece
of property other than an original or a re-subdivided lot in
a duly approved and recorded subdivision or on a lot of separate
ownership of record prior to the adoption of the subdivision
ordinance.
SECTION 9
CONFLICT WITH OTHER ORDINANCES
Whenever the standards and specifications in this ordinance
32
SECTION 9. CONFLICT WITH OTHER ORDINANCES
(CONTINUED)
conflict with those contained in another ordinance, the
most stringent or restrictive provision shall govern.
SECTION 10
SAVING CLAUSE
10.01
If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be unconstitutional,
void or invalid, the validity of the remaining portions of
this Ordinance shall not be affected thereby, it being the
intent of the City Council in adopting this Ordinance that
no portion thereof, or provision or regulation contained
herein shall not become inoperative or fail by reason of the
unconstitutionality or invalidity of any section, subsection,
sentence, clause, phrase, or provision of this Ordinance.
SECTION 11
EFFECTIVE DATE
11.01
This Ordinance shall become effective on the 20th day
of November , 1978.
SECTION 12
REPEAL
12.01
Ordinance No. 65-864, passed ~ the City of Plainvew on
the 5th day of April, 1965, is; hereby repealed as of the
effective date of this Ordinance, as provided in Section
11 hereof.
AND IT IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PLAINVIEW:
That on a motion by Alderman Almon , seconded by
Alderman Woods , Ordinance No. 78-2!259 was read in full and
adopted this date and introduced on first reading this the 24th
day of October , 1978.
That on a motion by Alderman Carpenter seconded by
Alderman Browning , Ordinance No. 78-2:259 was read by caption and
adopted by the City Council on the second and final reading this
the 14th day of November, 1978.
33
ORDINANCE NO'. 78-2259
(CONTINUED')
ATTEST:
M. L. REA, City Clerk
34
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