Bridgeport Airport Estates, Inc.
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The State of Texas
] Know All Men By These Presents (1/31/2001) The County of Wise ] v Restrictive Covenants That Bridgeport
Airport Estates, Inc. (hereafter called "Developer"), the owner of the
real property described herein in Exhibit "A", attached hereto and made a part
hereof, said real property being platted into lots, and recorded in the records
of Wise County, Texas , does hereby place the following Restrictions upon the
use of all the lots included and contained in such subdivision, and all
conveyances of such lots shall be subject to the reservations, restrictions, and
covenants set forth herein, or any amendments hereto: (b) No tract shall be used for wrecking yard or for the storage of used or abandoned vehicles. For purposes of this restriction, any vehicle which remains inoperative for more than 60 days shall constitute an abandoned vehicle, and the developer shall be authorized to have such abandoned vehicle removed, and to have reimbursement for the cost of such removal from the lot owner who was in violation of this restriction. (c) No nuisance nor annoyance nor any activity in violation of law shall be carried on upon any lot. (d) All tracts shall be kept clean of trash, junk, garbage, and other debris; and no boxes, containers, bottles, cans, implements, machinery, lumber, or other building materials shall be permitted to remain exposed on any lot so as to be visible to any neighboring lot or to any street or road, except as is necessary during a period of construction. (e) Approved outside toilets may be placed on the owner’s lot during construction. (f) No trash shall be burned on the premises. (g) No more than one dwelling shall be erected on any lot. 2. IMPROVEMENTS: (a) No residence shall have less than 2400 square feet of fully enclosed floor area devoted to living purposes. Said floor area shall be exclusive of roofed or unroofed porches, terraces, garages, and other outbuildings and shall be computed from faces of exterior walls. The main structures of any such constructed residents shall be based on permanent concrete pier and beam, or concrete slab foundations. (b) No building shall be erected on any lot until the building plans and specifications and plot plan showing the location of said building shall have been approved in writing by Developer. (From and after the date of the sale by Developer of the last remaining lot, such approval shall be deemed sufficient if granted by the owners of the majority of the lots.) (c) When any building is commenced on any lot, work to completion must be continued in a workmanlike manner, and, in any event, the building must be completed within 18 months after work has commenced. All residences and outbuildings (except for aircraft hangars) shall be constructed of at least 80% masonry, and all such structures as are located on a single lot must be constructed of similar materials, so as to present compatible appearances. Metal construction is expressly approved for aircraft hangars, only. The exterior surface of the wood frame portion of any building must be painted with at least two coats of paint within 90 days after the building is constructed. All buildings must be maintained in a neat, well-painted condition. (d) In the event that a structure is destroyed, in whole or in part, by fire or other casualty, said structure shall, within two years of such fire or casualty, be properly rebuilt or repaired to conform to standards as set forth in this instrument, or all of the remaining structure, including the foundations and all debris, shall, within such period, be removed from the lot. 3. PARKING: (a) No large trucks or other heavy vehicles shall be permitted to be parked on any lot unless housed inside a garage, hangar, or other similar enclosed parking facility. (b) Culverts must meet all applicable codes. 4. SEPTIC TANK: (a) All residences shall be connected to a septic tank system of approved construction in accordance with the requirements of the State Department of Health of the State of Texas, and any requirements of the Local authorities. 5. ANIMALS: (a) Residents may keep dogs, cats or other animals which are bona fide household pets so long as such pets are not kept for commercial purposes and do not make objectionable noises or otherwise constitute a nuisance to other residents. 6. EASEMENTS RESERVED: (a) Each lot owner shall own, as a right appurtenant to the ownership of his lot, an easement for the use and upkeep of the taxiway located within this subdivision, as more fully shown on the platt of such subdivision which shall be filed of record in the office of the County Clerk of Wise County, Texas, such easement to be owned by and for the use in common of Developer and all lot owners in this subdivision, their heirs and assigns in title. All lot owners shall be jointly responsible for the reasonable maintenance and upkeep of the taxiway and taxiway facilities. 7. ENFORCEMENT: (a) The provisions contained herein are for the benefit of each and all of the lot owners and shall inure to the benefit of and be binding upon Developer, his purchasers and subsequent owners of each of said Lots. Each purchaser of any lot or lots covered by this declaration, by acceptance of a Deed or Contract to purchase same, shall be subject to each and all of the restrictions, conditions, covenants and agreements contained herein, and to the jurisdiction, right and power of Developer, and by such acceptance, shall for himself, his heirs, legal representatives, successors and assigns, covenant and agree and consent to and with Developer, the grantees and subsequent owners of each of said lots, to keep, observe, comply with and perform said restrictions, covenants, conditions and agreements contained herein. (b) Any violation of the provisions, conditions or restrictions contained herein shall warrant the Developer or any other lot owner in their discretion to apply to any court of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce same; and the court, in its discretion, may award any such plaintiff his court costs and reasonable attorney's fees. No delay on the part of Developer or any other person in exercising any right, power or remedy contained herein shall be construed as a waive thereof or an acquiescence in any such violation. The various rights and remedies provided herein shall be cumulative, and Developer or any other lot owner may pursue any or all of such rights and remedies without in any way affecting the ability of Developer or any other lot owner to enforce their separate rights and remedies. 8. SEVERABILITY: (a) In the event any one or more of the provisions, conditions, restrictions or covenants herein shall be held by any court of competent jurisdiction to be null and void, such determination shall not affect the validity of any and all other provisions, conditions, restrictions or covenants contained herein, and all other such shall accordingly remain in full force and effect. 9. VARIANCES: (a) The Developer hereby reserves the right to grant a reasonable variance or adjustment of these conditions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variance or adjustment shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements of neighboring lots and shall not defeat the general intent and purpose of these restrictions. 10. DURATION: (a) It is the purpose and intent hereof to protect and preserve property values in said Subdivision, and this declaration shall be interpreted to accomplish such end. The restrictions and covenants set forth in this Declaration (other than easements reserved in perpetuity) shall remain in force for a period of 30 years from and after this date, and at the expiration of such term shall expire and be of no further force nor effect unless the same are, within a period of six months from such date, renewed and extended as provided below. (b) At any time prior to the termination of these restrictions as set forth above, the owners of the lots contained in this subdivision shall be empowered to enact a renewal and extension of all or part of the restrictions (including reasonable minor amendments and modifications) set forth herein for any term of years; provided only that such renewal and extension shall be of no force and effect unless executed by at least the owners of 1/4 of the lots in this subdivision, and filed for record in the office of the County Clerk of Wise County, Texas.
City Ordinance Number 01-17
CITY OF BRIDGEPORT, TEXAS AN ORDINANCE AMENDING ZONING ORDINANCE NO. 65-12 AS PREVIOUSLY AMENDED AND GRANTS CERTAIN VARIANCES TO THE SUBDIVISION ORDINANCE NO. 99-3 S0 THAT 82.91 ACRES OF LAND IN THE H. ROBERTSON SURVEY, ABSTRACT NUMBER 710, D.W. HARRISON SURVEY, ABSTRACT NUMBER 1004, AND THE R. FISHER SURVEY, ABSTRACT NUMBER 307 IN THE CITY OF BRIDGEPORT, TEXAS LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 380 IS ZONED "PD" PLANNED DEVELOPMENT; PROVIDING FOR A CONCEPT/DEVELOPMENT PLAN; PROVIDING FOR AIRPLANE TAXIWAY ACCESS AND FEES TO THE BRIDGEPORT AIRPORT; PROVIDING FOR VARIANCE TO ORDINANCE NO. 65-12 AND 99-3; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. THAT WHEREAS, the owner or owners of 82.91 Acres of land known as Bridgeport Airport Estates in the H. Robertson Survey, abstract number 710, D.W. Harrison Survey, abstract number 1004, and the R. Fisher Survey, abstract number 307 In the City of Bridgeport, have petitioned the City of Bridgeport to zone such property from Residential to "PD" Planned Development District, and, WHEREAS, Bridgeport Airport Estates is desirous of perpetuating the growth, increased activity and monetary support to the Bridgeport Municipal Airport, and, WHEREAS, after due notice of the requested zoning changes as required by law and the required public hearings held before the Planning and Zoning Commission and the City Council of the City of Bridgeport, the City Council is of the opinion that such zoning change should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIDGEPORT, TEXAS: SECTION I: That the 82.91 acre
tract of land known as Bridgeport Airport Estates and more fully described in
the attached Exhibit "A" is hereby zoned "PD" Planned Development District and
Ordinance No. 65-12 and 99-3 and all other ordinances of the City of Bridgeport
are accordingly amended. SECTION III: That upon approval by the City Council of the City of Bridgeport this Planned Development Zoning, the owner or owners of Bridgeport Airport Estates and subsequent residential owners of each lot shall provide funds to the City as provided in Exhibit D. SECTION IV: If any section, subsection, paragraph, sentence, phrase or clause of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall remain in full force and effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION V: It shall be unlawful for any person, firm or corporation to develop or use this property, or any portion thereof, in any manner other than is authorized by this Ordinance, and upon conviction therefore, shall be fined any sum not exceeding $2000.00 and each day that such violation shall continue shall continue shall be considered a separate offense. These penal provisions shall not prevent an action on behalf of the City of Bridgeport to enjoin any violation or threatened violation of the terms of this Ordinance, or an action for mandatory injunction to remove any previous violation hereof. SECTION VI: The caption of this
Ordinance shall be published one time in a newspaper having general circulation
in the City of Bridgeport, and shall become effective upon such publication. SERVICE PLAN INTRODUCTION This service plan has been prepared in accordance with V.T.C.A., Local Government Code, Section 43.056. Municipal facilities and services to the annexed area described above will be provided or made available on behalf of the City at the following levels and in accordance with the following schedule: POLICE PROTECTION Patrolling responses to calls, and other police services will be provided after the effective date of the annexation at the same level as provided throughout the City and the subdivision must be accessible 24 hours each day. FIRE PROTECTION AND FIRE PREVENTION Fire protection and fire prevention services will be provided after the effective date of the annexation at the same level as provided throughout the City and the subdivision must be accessible 24 hours each day. EMERGENCY MEDICAL SERVICES Emergency medical services will be provided after the effective date of the annexation on the same basis and at the same level as provided throughout the County and the subdivision must be accessible 24 hours each day. SOLID WASTE COLLECTION AND DISPOSAL Solid waste collection and disposal services will be provided as needed after the effective date of the annexation on the same basis and at the same level as provided throughout the City and access to the subdivision must be made available during pickup hours. OPERATION AND MAINTENANCE OF WATER AND WASTEWATER FACILITIES THAT ARE NOT WITHIN THE SERVICE AREA OF ANOTHER WATER OR WASTE WATER UTILITY Maintenance of water and wastewater facilities that are not within the service area of another utility will be provided. Water and wastewater improvements that will be dedicated to the City in the future must be in accordance with development standards of the City and will be maintained on the same basis and at the same level as provided throughout the City after the maintenance period and acceptance by the City. MAINTENANCE OF ROADS. STREETS AND DRAINAGE At such time in the future the roads, streets and
drainage improvements are constructed to City development standards and
specifications the maintenance of roads and streets and drainage will be
provided after the effective date of the annexation on the same basis and at the
same level as OPERATION AND MAINTENANCE OF ELECTRICITY AND STREET LIGHTING THAT ARE WITHIN THE SERVICE AREA OF ANOTHER UTILITY Electricity and Street lighting will be made available after the effective date of the annexation by another utility provider on the same basis and at the same level as provided throughout the City and as development occurs. MAINTENANCE OF CITY PARK AND RECREATION FACILITIES If any city park and recreation facilities are located within the annexed area, they will be maintained within sixty (60) days after the effective date of the annexation on the same basis and at the same level as similar facilities and maintained throughout the City. OTHER SERVICES Other services that may be provided by the City such as planning, code enforcement, animal control, library, park and recreation, municipal court, and general administration will be made available after the effective date of the annexation on the same basis and at the same level as provided throughout the City. CAPITAL IMPROVEMENTS Construction of electric, water, sewer, street, and drainage facilities will begin within two (2) years and payment of any development fees and construction costs required by the City and shall be in accordance with subdivision regulations. Construction will be substantially completed within four and one-half (4 1/2) years unless the construction process is interrupted by circumstances beyond the control of the Developer or City. No impact fees will be charged to any developer or landowner within the annexed area except in conformity with V.T.C.A., Local Government Code, ch. 395. Construction of other capital improvements shall be considered by the City in the future as the needs dictate on the same basis as such capital improvements are considered throughout the City and as stipulated heretofore. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED Nothing in this plan shall require the City to provided a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, zoning, and population density are considered a sufficient basis for providing different level of service. AMENDMENTS The plan shall not be amended unless public hearings are held in accordance with V.T.C.A., Local Government Code, Section 43.052.
LOTS I & 2 OF BLOCK 2(11.7 ACRES)"PD"’ FOR COMMERCIAL USES AS OUTLINED IN SECTION 8 OF THE BRIDGEPORT ZONING ORDINANCE WITH AN EFFECTIVE DATE OF OCTOBER 29TH OF 1965 (65-12). LOTS 1-31 OF BLOCK 1 (71.2 ACRES) "PD" FOR RESIDENTIAL USES WITH A BASE ZONING DISTRICT OF "R-1" AS OUTLINED IN THE BRIDGEPORT ZONING ORDINANCE WITH AN EFFECTIVE DATE OF OCTOBER 29Th OF 1965 (65-12) THE FOLLOWING LIST OF VARIANCES FROM THE SAID ZONING ORDINANCE AND SUBDIVISION ORDINANCE (99-3) SHALL BE ALLOWED.
ATTACHED HERETO AND BECOME A PART HERETO
THIS EXHIBIT. SETBACK AND AREA REQUIREMENTS FOR RESIDENTIAL LOT
AUTOMATED WEATHER OBSERVATION SYSTEM AUTOMATED WEATHER OBSERVATION SYSTEM The owner or owners of Bridgeport Airport Estates shall, upon Final Plat approval, submit to the City a check to the amount of $21,250.00 which shall be retained by the City in an Airport Account to fund the City’s share of a grant from the Texas Department of Transportation - Aviation Division for the siting and installation of an Automated Weather Observation System (AWOS). Related data, letter dated February 23, 2001 TXDOT Aviation Division and interest in acquiring AWOS form dated March 7, 2001 are attached hereto and become a part hereto of this Exhibit BRIDGEPORT MUNICIPAL AIRPORT ACCESS FEES The owner or owners of each lot in Bridgeport Airport Estates shall submit monthly a fee to the City of Bridgeport to be deposited in an Access Fee Account and to be dispersed by the City for Operation, Maintenance and Development of the airport only. Such fee shall be determined by the valuation of each hangar on each lot as established by Wise Appraisal District and that valuation per hundred dollars shall be multiplied by 2.38% in addition to and over and above the existing or future ad-valorem tax rate as established by the Bridgeport City Council annually. The Access Fee shall be separate from any real or personal taxes assessed. The Access Fee multiplier shall be subject to periodic review at no more than five (5) year intervals to assure parity with on airport facilities.
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