The Pharr Press (Pharr, Tex.), Vol. 63, No. 32, Ed. 1 Thursday, August 8, 1985 Page: 3 of 11
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The Pharr Press,August 8,1985 Page 3
ORDINANCE NO. 0-85-24
AN ORDINANCE AMENDING
ORDINANCE NO. 83-49, THE
CITY OF PHARR SUBDIVISION
ORDINANCE WHICH HAS
BEEN CODIFIED IN CHAPTER
30 CODE OF ORDINANCES
OF THE CITY OF PHARR BY
ADDING PROCEDURES TO
THE PLATTING PROVISIONS
CALLING FOR THE
EXCLUSION OF ACREAGE
FROM THE HIDALGO
COUNTY IRRIGATION
DISTRICT NO. 2, AND
PROVIDING A SEPARABILITY
CLAUSE, A SAVING CLAUSE
AND AN EFFECTIVE DATE
WHEREAS the City of Pharr
and the Hidalgo County
Irrigation District No. 2 have
entered into a Permanent
Water Supply Contract wherein
provision is made that, as
applications are received by
the City for subdivision of land
where such land is not in need
of raw water from the Hidalgo
County Irrigation District No. 2
said land may be excluded
from the boundaries of the
District and the water rights of
said land are thereafter to be
assigned to the City of Pharr
for Municipal water usage with
such water being identified as
“Converted Water”, and
WHEREAS pursuant to the
above referenced contract the
City of Pharr has agreed to
incorporate certain procedures
into the Subdivision Ordinance
of the City as set out in
Procedures for Concurrent
Subdivision Plat Review and
Exclusion attached as Exhibit
“A” to said Permanent Water
Supply Contract;
NOW THEREFORE, BE IT
ORDAINED BY THE BOARD
OF CITY COMMISSIONERS
OF THE CITY OF PHARR,
TEXAS that Ordinance No. 83-
49, the City of Pharr
Subdivision Ordinance which
has been codified in Chapter
30 Code of Ordinances of the
City of Pharr be amended in
the following respects:
SECTION 1: Section 30-21(b)
shall be amended to read as
follows:
(b) FORMAL APPLICATION:
For a short form subdivision or
resubdivision approval, formal
application shall be made by
the subdivider in, writing to the
director of planning. In
addition to any other
information contained in said
application, the application
must indicate the following:
approval of the plat proof must
be provided by the subdivider
to the City that the subdivider
has done the following:
1. Waived irrigation service
from the Hidalgo County
Irrigation District No. 2.
2. Consented to the exclusion
of the subdivision property
from the Hidalgo County
Irrigation District No. 2.
3. Placed funds with the
Hidalgo County Irrigation
District No. 2 sufficient for
payment of necessary fees and
expenses for proceedings
required to obtain exclusion of
the subdivision from the
Hidalgo County Irrigation
District No. 2.
Such proof shall be in the form
of a properly executed Waiver
of Irrigation Service and
Consent to Exclusion form
transmitted by the Hidalgo
County Irrigation District No. 2
to the City of Pharr.
(5) The planning and zoning
commission shall have Thirty
(30) days to conditionally
approve or disapprove the plat
after it is formally filed with the
staff and the fees are paid. If,
the plat is disapproved, the
commission shall inform the
subdivider, in writing, of the
reasons at the time such
action is taken. Hidalgo
County Irrigation District No. 2
may review the copy of the plat
forwarded to it and return said
copy to the director of
planning. If said plat is
returned prior to the planning
and zoning commission
meeting immediately prior to
Thirty (30) days from the filing
date with stated requirements
noted, the director of planning
shall notify the planning and
zoning commission of such
requirements. The planning
and zoning commission will
then disapprove said plat
subject to subdivider
satisfying the requirements
noted by the Hidalgo County
Irrigation District No. 2. If
amendment to the plat is
required by the Hidalgo County
Irrigation District No. 2, a copy
of the amended plat shall be
transmitted to the Hidalgo
County Irrigation District No. 2
for their approval.
(6) If the subdivision is subject
to the requirement to obtain a
Waiver of Irrigation Service and
Consent to Exclusion form,
such subdivision shall not be
approved and shall be
conditionally disapproved if at
the planning and zoning
commission meeting
immediately prior to the
expiration of the Thirty (30)
days after the filing of the
application the Waiver of
Irrigation Service and Consent
to Exclusion has not been
received by the City from the
Hidalgo County Irrigation
District No. 2.
(7) If the plat is not disapproved
within Thirty (30) days from the
filing date, it shall be deemed
to have been approved by the
planning and zoning
commission. A certificate
showing the filing dates
hereunder and the failure to
take action thereon within the
periods herein prescribed shall
be issued by the planning and
zoning commission on
demand. This certificate shall
be sufficient in lieu of the
written endorsement or other
evidence of approval herein
required.
(8) If the plat or replat is
approved, and the current tax
certificate submitted, and all
requirements of Article VII,
Section 30-89 have been met,
the board through the director
of planning shall cause to have
the plat to be recorded with the
County Clerk. No plat shall be
filed for record without the
written consent of the
subdivider. If the subdivider
fails to give such written
consent within Thirty (30) days
of the date of final approval of
the plat, the board may at
anytime thereafter cancel such
approval. If the plat is filed for
record with the County Clerk,
the Hidalgo County Irrigation
District No. 2 shall be notified
of the Volume and Page
number at which the plat is
recorded.
(9) A subdivider may present to
the planning and zoning
commission a proposal sketch
or outline of what he or she
proposes to do without first
platting the property. The
planning and zoning
commission may approve the
proposed plan with the
mandatory condition that the
subdivider then submit a plat
to the commission in
accordance with all the
requirements of Article II,
Section 30-20. This procedures
does not constitute preliminary
plat or final plat approval.
(ORD. No. 83-49, Section 2.21,
9-2-83)
SECTION 3: Section 30-33(d)
shall be amended to read as
follows:
(d) Processing of preliminary
plat:
(1) The director of planning
shall check the preliminary
plat as to its conformity with
the master plan, major street
plan, land use plan, zoning
districts, and the standards
and specifications set forth
herein or referred to herein.
(2) The director of planning
shall ascertain whether there
is acreage to be subdivided
which is within the boundaries
of Hidalgo County Irrigation
District No. 2; and if so, how
many of such acres, if any, will
not require raw water from
Hidalgo County Irrigation
District No. 2 for man-made
lake(s) and/or irrigation uses
and whether the subdivision
will or will not require
municipal water service. If
there are such acres in the
subdivision, the director of
planning shall transmit a copy
of the preliminary plat to the
Hidalgo County Irrigation
District No. 2 and shall notify
the subdivider that exclusion
of said acreage from the
District’s boundaries will be
necessary and that prior to the
final approval of the
subdivision the subdivider
must contact the Hidalgo
County Irrigation District No. 2
to waive irrigation service,
consent to exclusion of the
subdivision property from the
District and place funds with
the District sufficient for the
payment of necessary fees and
expenses to obtain such
exclusion and that prior to final
plat approval the city must
receive from Hidalgo County
Irrigation District No. 2 a
properly executed Waiver of
Irrigation Service and Consent
to Exclusion form.
(3) Pertinent copies of the
preliminary plat data shall be
submitted to the director of
public works and city engineer,
and they shall check the same
for conformity with the
standards and specifications
contained or referred to herein.
(4) The director of planning
shall make sure that all
interested parties, including
other governmental entities
and public utilities, shall
review the
1. How many acres in the
acreage to be subdivided is
within the boundaries of
Hidalgo County Irrigation
District No. 2
2. Of the acres within the
boundaries of Hidalgo County
Irrigation District No. 2, how
many acres will require raw
water from Hidalgo County
Irrigation District No. 2 for
man-made lake(s) and/or for
irrigation uses; and how many
acres will not require such raw
water?
3. That the subdivision will or
will not require Municipal
water service.
SECTION 2: Section 30-21(f)
shall be amended to read as
follows:
(f) Processing (Short Form
Only):
(1) The subdivider shall file the
plat with an administrative fee
in accordance with section 30-
89. This fee is nonrefundable,
in whole or in part.
(2) The director of planning
shall forward a copy of the plat
to Hidalgo County Irrigation
District No. 2.
(3) The director of planning
shall forward the plat to the
planning and zoning
commission with any
comments.
(4) If the subdivider indicated in
his application that there is
acreage within the proposed
subdivision that is within the
boundaries of Hidalgo County
Irrigation District No. 2 which
acreage will not require raw
water, the director of planning
will inform the subdivider that
exclusion of said acreage from
the boundaries of the Hidalgo
County Irrigation District No. 2
will be necessary; and will
further inform the subdivider
that prior to plat and utility
layout within ten (10) days, of
their submission for life
purpose of determining their
conformity which this chapter
and applicable city standards,
giving consideration to sound
engineering practices and
design criteria.
(5) The director of planning
shall forward the preliminary
plat data to the planning and
zoning commission with his
suggestions as to
modifications, additions or
alterations of such plat data,
and of the preliminary paving
utility drawings.
(6) Prior to final action on the
preliminary plat by planning
shall ascertain whether
Hidalgo County Irrigation
District No. 2 has returned the
copy of the plat which had
been forwarded to them.
Planning and zoning
commission shall delay its
decision until receipt of said
copy from Hidalgo County
Irrigation District No. 2 unless
said copy is not returned to the
director of planning in
sufficient time to allow the
planning and zoning
commission to meet prior to
the expiration of Thirty (30)
days from formal filing of the
preliminary plat. If said copy is
returned within said time, any
stated requirements noted by
Hidalgo County Irrigation
District No. 2 shall be
incorporated by planning and
zoning which shall not approve
unconditionally such plat
without modification to meet
said requirements. If changes
to the plat are required by
Hidalgo County Irrigation
District No. 2 a copy of the
revised plat shall be
transmitted to the District for
inspection and final approval.
No subdivision shall receive
preliminary approval without
meeting the requirements of
the District.
(7) Within thirty (30) days after
the preliminary plat is formally
filed with the staff, and the
fees are paid, the planning and
zoning commisson shall
approve or disapprove such
plat, or conditionally approve it
with modifications.
(8) If the preliminary plat is not
disapproved within thirty (30)
days from the filing date, it
shall be deemed to have been
approved by the planning and
zoning commission. A
certificate showing the filing
dates hereunder and the failure
to take actions thereon within
the periods herein prescribed
shall be issued by the planning
and zoning commission on
demand. This certificate shall
be sufficient in lieu of the
written endorsement or other
evidence of approval herein
required.
(9) Approval or conditional
approval of a preliminary plat
by the planning and zoning
commission shall be deemed
an expression of approval of
the layout submitted on the
preliminary plat as a guide to
the installation of streets,
water, sewer and other
required improvements and
utilities and to the preparation
of the final or record plat.
Approval or conditional
approval of a preliminary plat
shall not constitute automatic
approval of the final plat.
(10) Approval or conditional
approval of a preliminary plat
shall be effective for six (6)
months unless reviewed by the
planning and zoning
commission in light of new or
significant information which
would necessitate a revision of
the preliminary plat. If the
planning and zoning
commission should deem
changes in a preliminary plat
as necessary, it shall so inform
the subdivider in writing.
(11) If no development has
occurred which would affect
the proposed plat after six (6)
months of effective approval,
the planning and zoning
commission may, upon the
application of the subdivider,
extend approval for an
additional six (6) months. At
the end of this six-month
extension, the preliminary plat
approval is revoked in writing,
by the city to the subdivider.
(ORD. NO. 83-49, SECTION
2.23,8-2-83)
SECTION 4: Section 30-44(e) (1)
shall be amended to read as
follows:
(1) No final plat shall be
considered unless a
subdivision master plan (If
required) and preliminary plat
has first been submitted and
approved, a properly executed
Waiver of Irrigation Service and
Consent to Exclusion form has
been transmitted by the
Hidalgo County Irrigation
District No. 2 to the city, where
appropriate, and all other
requirements of the
ordinances of the city have
been met.
SECTION 5: Section 30-44 (f) (1)
shall be amended to read as
follows:
(1) After approval of the final
plat, the board of
commissioners shall cause the
director of planning to record
the final plat with the County
Clerk upon the subdivider’s
performance of one of the
following:
(a) Completion of the
construction of required
improvements prior to
recordation in compliance with
this subsection (f):
(b) Filing of security in lieu of
completing constructin prior to
recordation in a form approved
by the city attorney, and in
compliance with this
subsection (f).
Upon such recordation of the
final plat with the County
Clerk, the director of planning
shall notify the Hidalgo County
Irrigation District No. 2 of the
Volume and Page numbers of
such recordation.
SECTION 6: All ordinances or
parts of ordinances in conflict
herewith are hereby repealed.
SECTION 7: That except as
herein amended, said
Ordinance shall remain in full
force and effect, unimpaired
hereby.
SECTION 8: The invalidity of
any section, clause, sentence
or provision of said Code or
this Ordinance shall not affect
the validity of any other part
thereof.
See Page 10
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Mata, Arnoldo. The Pharr Press (Pharr, Tex.), Vol. 63, No. 32, Ed. 1 Thursday, August 8, 1985, newspaper, August 8, 1985; Pharr, Texas. (https://texashistory.unt.edu/ark:/67531/metapth867288/m1/3/?q=Lamar+University: accessed June 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Pharr Memorial Library.