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HomeMy WebLinkAboutORD 75-11ORDINANCE NO. - AN ORDINANCE AMENDING SECTION 42-20.4 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS, BY ADDING THERETO SUB -SECTIONS (e), (f), (g) AND (h); PROVIDING FOR A DECLARATION OF APPLICANT FOR CERTAIN COVENANTS RUNNING WITH THE LAND; PROVIDING.FOR THE CREATION OF A CO-OWNERS' ASSOCIATION; PROVIDING FOR ASSESS- MENTS OF THE MAINTENANCE OF PRIVATE STREETS AND UTILITIES, AND FOR THE PAYMENT OF UTILITIES PROVIDED THE DEVELOPMENT; PROVIDING FOR LIENS AGAINST THE PROPERTY FOR SAID ASSESSMENTS; PRO- VIDING FOR THE ENFORCEMENT OF LIENS AND ASSESS- MENTS; PROVIDING FOR OTHER LIENS AND ASSESSMENTS NOT OTHERWISE PRECLUDED; PROVIDING A DEFINITION OF THE WORD "LOT" AS USED IN THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING FOR SUIT TO EN- JOIN; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Section 42-20.4 of Chapter 42 of the Code of Ordinances of the City of Beaumont, Texas, is.hereby amended by adding thereto sub -sections (e), (f), (g) and (h), to read as follows: Section 42-20.4. Cluster Housin.iz Developments e) Same - Declaration Reauired. As a condition to the granting of aspeci.ficuse permit under the provisions of this section, the applicant shall submit with his application, and, immediately upon approval of same, file,in the official records of the County Clerk, an instrument declaring the following covenants running with the land: 1) Co -Owner Association. There shall be a declaration creating an association of co-owners, whether called by. that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the De- velopment. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word "oi4-ner" shall mean the record owner, whether one or more persons or other entities, of a fee simple title to Q- I.�= 11 �• ®. o2 S--/ any.lot or other unit which is a part of the Development, in- cluding sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation. (2) Assessments. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments: (A) Private Street Maintenance. An assessment for ordinary maintenance and also a special assessment for capi- tal improvements and extraordinary maintenance and repair of all private streets within the Development. The word "street" shall mean all paved or unpaved roads open to all owners of the Development, so designated on the plat of the Development, as distinguished from private driveways leading into one or more lot or other unit. B) Utilitv. Water and Sewer Assessments. A monthly assessment for each.owner's pro rata.share of the monthly utilities which may be metered or sold to the Development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the Development, the De- claration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment hereinbefore provided, there shall be declared provisions for special assessments.for ordinary main- tenance and repair, as well.as a special assessment for extra- ordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the De- velopment, as distinguished from lines which service only one or more units. Declarant may choose to dedicate water and sewer -2- 00 it easements for water and sewer collection systems shared in common by all owners of the Development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City of Beaumont, no as- sessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (3) Lien. There shall be a declaration that the assessments provided in sub -paragraph (2) hereinabove shall constitute a charge upon the land and a continuing lien upon the property against which the assessment is made, and each owner, by an acceptance of a deed, whether so expressly stated or not, shall covenant and agree to pay the said assessments. f) Same - Enforcement of Liens.and Assessments. The Declaration may provide for any reasonable means of enforcement of assessments and liens, providing that such enforcement shall be under the control of the association, or its duly constituted executive committee or board of directors. However, the Declar- ation shall contain an affirmative statement of an obligation on the part of the a-ssociation to reasonably maintain and repair private streets and sewage collection systems and water lines shared in common by all owners. ;) Same - Other Liens and Assessments. Nothing here- in shall be construed as precluding the declaration of other assessments or liens for such other.assessments against pro- perty within the development, nor precluding the extension of such assessments and liens to other physical points within the Development, such as the extension of the assessment and lien.to cover lines leading to one or more units, not servicing all owners in common, to the point of penetration of the ex- terior wall of such unit, it being the intent of this ordinance -3- I to specify only the minimum assessments and liens necessary to protect prospective purchasers within the Development. h) Same - Lot Defined. The word "lot" is used in this ordinance in its generic sense and as a means of -identifying the ownership interest which may be conveyed. Because this ordinance provides for a specific use of the land and contains its own requirements of area and setback, a valid Cluster Housing Development permit exempts "lots" within the Develop- ment from area and set -back requirements otherwise imposed elsewhere in the Code of Ordinances of the City of Beaumont. Further, ownership within a development may also be sold in accordance with the provisions of that Act of the Legislature of the State of Texas commonly known as the "Condominium Act" and recorded as Article 1303(a) -of the Texas Civil Statutes. Section 2. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. That any person, firm or corporation violating any pro- vision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 4. Suit by the City to enjoin the violation of any provision of this ordinance may be filed in any court of competent juris- diction. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a par - titular person, group of persons, firm, associations or cor- poration, or to a particular set of circumstance should for -4- 4 90 00 any reason be held to be invalid, such invalidity shall in no wise affect the remain-ing portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL this the (5 day of 1975. -5- - Mayor - q7 E