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0402THE CITY OF SOUTHLAKE, TEXAS O INANOE NO. AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE REGULATION OF RAILROkDS OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT THAT FOR ANY OFFENSE WHICH IS A VIOLATION OF ANY PROVISION OF THIS ORDINANCE THAT GOVERNS FIi~E SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING THE DUMPING OF REFUSE, THE PENALTY SHALL BE FINE ONLY, NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING THAT THE CITY OF SOUTHLAKE MAY BRING ANY ACTION AT LAW OR IN EQUITY, INCLUDING INJUNCTIVE I~ELIEF, TO ENFORCE ANY PROVISION OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. SECTION 1. DEFINITIONS. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: MAJOR STREET. Any street within the City which is a through or express street as designated by the City on the street thoroughfare plan of the City. PERSON IN CHARGE. That physical person accompanying a train who is empowered to direct its operations. in PRINCIPAL OFFICER OR MANAGER. The principal person charge of all operations of a Railroad Company in the City. RAILROAD COMPANY. Any individual, partnership, association, corporation, trustee, receiver or other person that lays out, constructs, maintains or operates any railroad as a public service or operates any trains, engines or cars on a line of railway in the City. SWITCH TRAIN. Any train engaged solely in moving freight or passenger cars within the City from one railroad yard to another railroad yard, or in the same railroad yard, or in transferring railroad cars to and from the various switch tracks or spur tracks within the City. A switch train is distinguished from a through passenger or freight train operating intrastate or interstate into or through the City. CITY designee. ENGINEER. The duly appointed City Engineer or his SECTION 2. PERMIT TO LAY TRACKS. No Railroad Company shall lay tracks within the limits of the City without a special permit from the City Council being first had and obtained. It shall be the duty of the City Engineer to examine and report on each application for such permit as to the advisability of granting such permit. SECTION 3. MAP AND PROFILE REQUIRED BEFORE GRANT OF RIGHT OF WAY. A. No right-of-way over any of the streets within the City shall be granted to any Railroad Company unless a map and profile of the grades along the streets named shall accompany the application and ordinance granting the right-of-way. It shall be the duty of the City Engineer to inspect any and all such maps and profiles and report the result of his investigation as soon thereafter as possible to the City Council, and no right-of-way shall be granted until such examination shall be made and reported upon in order to better protect the rights of property owners along the several streets; provided, that there shall be no costs attached to the City. B. When a Railroad Company applies to the City to cover an existing track or tracks, including tracks which cross a street or streets, the City Engineer with the concurrence of the Director of the Public Works Department may waive the requirement for filing a profile of the grades along or across the streets named in the application by filing a written recommendation with the City Council to be attached to said application, provided that the Railroad Company shall furnish said profile upon the request of the public works Engineer. SECTION 4. DUTY TO RECONSTRUCT OR CONSTRUCT GRADE CROSSINGS. A. It is hereby Company owning, controlling, tracks crossing a public street made the duty of each Railroad maintaining or operating railroad at a grade within the corporate limits of the City to construct any and all future tracks according to the various categories of streets set forth below. Once tracks crossing a street have been constructed according to said categories, it shall be the duty of each Railroad Company to keep any and all such tracks, at all times thereafter, in a good and safe condition. B. There are hereby established two (2) categories of street crossing to be used by each Railroad Company when constructing or reconstructing a grade crossing: 1. Category I: Major street, as Section 1 of this ordinance. defined in other than 2. Category II: Any public street Category I above. C. Each Railroad Company shall construct or reconstruct grade crossings over public streets in Category I using not less than the standard permanent ~ype materials, including steel-reinforced molded rubber; high density polyethylene; or other permanent type materials acceptable to the director of the department of public works and the City Engineer. D. Each Railroad Company shall construct or reconstruct grade crossings over public streets in Category II using not less than the standard permanent type materials such as steel; steel-reinforced molded rubber; high density polyethylene; full depth timber or other permanent type materials acceptable to the director of the department of public works and the City Engineer. E. The City Engineer may, from time to time, notify a Railroad Company that a particular track (or tracks) crossing a street is in such state of disrepair that it must be reconstructed in compliance with subsections C and D hereof, and the Railroad Company shall thereafter start and complete such reconstruction within a reasonable time, but in no event shall such time exceed one hundred twenty (120) days. F. Any Railroad Company that disagrees with any decision made by the City Engineer under this section 4 shall have ten (10) days from the date it was notified of that decision by the City Engineer to appeal such decision to the City Council, The City Secretary shall notify the appealing Railroad Company in writing of the time and place for hearing such appeal. G. At the time and place designated for such hearing, the appealing Railroad Company and the City Engineer shall be present and presen% all relevant facts concerning the decision under appeal. After considering all the facts and circumstances presented at the hearing, the City Council, by a majority vote, shall issue a decision in writing upholding, modifying or overruling the decision of the City Engineer. Such written decision shall be made within five (5) days after the date of the hearing and the decision of the City Council shall thereafter be complied with. H. Whenever the City condemns street right-of-way across property owned in whole or in part by the Railroad Company, the City shall have the right to take possession of the street right-of-way at the time the award of the commissioners has been placed in the registry of the court in accordance with state law. Upon taking possession of the property, the City shall have the right to construct a railroad crossing and other improvements necessary for the street right-of-way and public safety and convenience and shall have the right to assess and collect from the Railroad Company the cost of all improvements that the Railroad Company is required to install by this ordinance or state law. The City Council shall hold a public hearing before it takes action by ordinance or resolution authorizing the construction of improvements within its street right-of-way which crosses Railroad Company's property. The City Secretary shall give the Railroad Company written notice of the public hearing ten (10) days in advance of the hearing by depositing notification postage prepaid in the United States Mail. At the public hearing, the Railroad Company and any other interested party shall be given a full and fair opportunity to be heard. Unless within five (5) days after the public hearing the Railroad Company enters into a written contract agreeing to construct the railroad crossing and other improvements within a reasonable time not to exceed one hundred twenty (120) days, the City shall have the right to proceed with the construction of the railroad crossing and other improvements in accordance with City and state laws and regulations. The procedures outlined in this subsection shall be in addition to all other remedies provided in this ordinance and allowed by law and in equity. I. Any Railroad Company violating any of the provisions of this Section 4 may be enjoined or mandamused by a suit filed by the City in a court of competent jurisdiction, and this remedy shall be in addition to other penalty provisions. SECTION 5. DRAINAGE IMPROVEMENTS; MAINTENANCE AND REPAIR OF STREETS, BRIDGES, ETC. A. It shall be the duty of all railroad companies whose lines of road are constructed on, over or across any street or part of a street or land in the City to make, construct and maintain, under the supervision of the City Engineer and in accordance with plans and specifications to be furnished by the City Engineer, all such drains, culverts, waterways, ditches, sewers and such other connections as shall be deemed necessary by the City Council to properly drain the streets and lands on, over or across which such railway line is constructed, and to conduct the water into some proper sewer, and, if necessary, conduct such water outside the City limits. B. It shall be the duty of each Railroad Company whose lines of road are constructed within the corporate limits of the City to keep all streets, or parts of streets, through or over which its line of road may run, free from damage and obstructions of every kind. C. It shall be the duty of each Railroad Company to construct and keep in good repair all bridges and crossings over all ditches, sewers and culverts on the line of its railway, and to fill up and grade all sinks and gullies adjacent to or on the line of its road; which work and improvements shall be done and made under the direction and supervision of the City Engineer, and in such manner and of such material and at such points as may be required by him. D. In any case where an improvement contemplated by this section is deemed necessary by the City Engineer, he shall prepare or cause to be prepared plans and specifications as to the several practicable ways, if more than one exists, in which such improvement can be made. Such plans and specifications shall be submitted to the City Council, together with a recommendation that such improvement is necessary. If the recommendation appears reasonable, the Council shall make an order directing the City Secretary to notify the officer or agent having an office in the City and having direct charge and control of the operations of the Railroad Company within the corporate limits of the City, to appear before the Council at a date and place fixed in such order to show cause, if any it can, why such improvement should not be constructed without delay in accordance with one or the other of such plans and specifications so submitted. E. At the time and place stated for the hearing provided for in this section, the City Council shall hear evidence as to the necessity for such improvements and as to the best plan for carrying out the same. Evidence should also be heard as to the reasonable and proper length of time which w~ll be required to complete such improvements. After the conclusion of such hearing, the Council shall, by ordinance, order the improvement made, and it shall also approve the plans and specifications deemed to be most suitable and practical for the work therein ordered to be done, which ordinance shall also designate a date at which such improvements shall be completed and order same to be completed wi%bin such time, and the City Engineer shall notify the City Secretary upon completion or failure to complete such improvements within the time designated. A copy of such ordinance, together with a copy of the plans and specifications for such work as approved by the Council, authenticated by the certificate of the City Secretary, shall be mailed to the officer or agent having an office in the City and having direct charge and control of the operations of the Railroad Company within the corporate limits of the City. Such notice shall be addressed to the main office of the Railroad Company in the City. Fo It shall be unlawful for the officer or agent of the Railroad Company having an office in the City and having direct charge and control of the operations of the Railroad Company within the corporate limits of the City to fail, refuse or neglect to construct and complete the improvements ordered by the City Council within the specified time. Any such failure, refusal or neglect shall be punished by a fine as provided in this Code. SECTION 6. OBSTRUCTING STREET OR CROSSING. It shall be unlawful for any officer, agent, servant or receiver of any railway corporation to willfully obstruct for more than five (5) minutes at any one time any street, railway crossing or public highway by permitting their train to stand on or across such crossing. SECTION 7. REPORT OF OBSTRUCTED CROSSINGS. A. It shall be the duty of the yardmaster, Engineer, conductor and every other person in any manner controlling or operating any railway locomotive, engine, car or train of cars, including the resident superintendent, general manager, president or receiver of such railway company to report in writing to the public works Engineer, within one week thereafter, all obstructions of public crossings in the City by a railway locomotive engine, car or train of cars coming within his knowledge or jurisdiction, specifying particularly the period of time for which such public crossing was blocked, the number of the engine and the name of the Engineer or conductor of such engine, car or train of cars, if available. B. Whenever the City Engineer shall receive information from the police department or any other person that a major ~treet has been blocked at a railroad crossing by ~ switch train for a longer period than five (5) minutes at one time, he is hereby authorized and empowered to serve a demand in writing upon the principal officer or manager of any Railroad Company believed by him to be operating trains upon such railroad at such crossing to make a report in writing containing the fo]]owin§ information: 1. Whether the Railroad Company operated a switch train or trains, at about the time or times specified in the director's demand, on the railroad crossing the major street at the intersection in question. 2. If so, the number assigned to the engine and to the train, if any. 3. The correct legal name of the Company operating such switch train. Railroad 4. The name of the person in direct charge of such switch train and the movements thereof. C. The report required by subsection B hereof shall be filed in the office of the City Engineer not later than 5:00 p.m. of the day following the day of service of his written demand, unless such following day shall fall on a Saturday or a Sunday, in which case the report shall be filed on the following Monday by 5:00 p.m. If the following day shall fall on a day established by the City Council as a legal holiday and upon which day the City hall is closed for business, the report shall be filed on the next day thereafter when the City hall shall be open. Such report shall be in writing and signed by the principal officer or manager of the Railroad Company in the City. SECTION 8. GATES, GUARDS AND OTHER PROTECTION AT CROSSINGS GENERALLY. A. Whenever, on any street or sidewalk crossed by the tracks of any railway company, the City Council deems it necessary to provide protection to persons and property at such crossings by the erection and maintenance of gates, guards or other protection, the Council may so declare and direct that such railway company shall, within a certain time to be fixed by the Council, erect, construct and maintain a sufficient safeguard of such character at such crossings, specifying the kind of protection to be erected, constructed and maintained, whether it be a gate, guard or other protection, and it shall be the duty of the City Secretary to serve upon such company named in such resolution a certified copy thereof within ten (10) days after passage of such resolution, leaving a copy thereof with the local agent of such company in the City, or at the general office of such company. B. Every gate, guard or other protection, and the approaches thereto, when ordered as provided by this section, shall be erected and constructed at the sole cost and expense of the Railroad Company, under the supervision of the City Engineer and the same shall thereafter be kept and maintained by such Railroad Company in prope~ repair and condition at its own cost and expense, and without cost or expense to the City, and under the supervision of the City Engineer. C. Whenever any Railroad Company shall have been directed by resolution of the City Council to erect, construct and maintain at any street or sidewalk crossed by its tracks, any gates, guards or other protection, as provided in this section, such company shall, within the time prescribed in such resolution, construct and thereafter maintain the protection specified in such resolution. SECTION 9. CLOSING OF CROSSING GATES AND GUARDS. Whenever any gate or guard has been erected under the provisions of this chapter, it shall be the duty of the railway company on whom devolves the duty of maintaining and operating the same to keep the same securely closed at the approach of and during the passage of any railway train across the part of the street or sidewalk it is designed to protect; provided, that such gate or guard shall not be kept closed longer than five (5) minutes at any one time, and any railway company violating the provisions of this section shall be subject to the criminal penalty provided for in this ordinance. SECTION 10. FLAGMEN AT CROSSINGS. It shall be the duty of each railway company operating a railroad within the corporate limits of the City to keep, by day and night, at such public crossings as may be designated from time to time by the City Council, one or more flagmen, whose duty it shall be to warn traffic of the approach of trains, and to see that such crossings are kept free of standing trains, locomotives and other obstructions, except at crossings where the Railroad Company maintains electric warning devices approved by the City Engineer. SECTION 11. LIGHTING OF CROSSINGS. A. It shall be the duty of each Railroad Company customarily and regularly operating trains at night within the City over and across the public streets in the City to erect, establish, keep and maintain an electric light, when and as may be ordered by the City Council, at each crossing that is designated by the City Council. Such electric light shall be of not less than fifty (50) watts, and shall be not more than seventy-five (75) feet distant from the nearest rail at such crossing and not less than twenty-two (22) feet distant from the ground. B. The crossings where electric lights are required to be erected, established, kept, lighted and maintained in accord with this section shall be designated by the City Council by resolution passed by it after a finding by the City Council that trains are customarily and regularly operated over each such crossing at night, and that a necessity exists for the erection, establishment and maintenance of an electric light at such crossing for the protection of the safety and security of persons traveling over the same. C. At crossings where electric lights are required to be erected, established, kept and maintained in accord with this section, such lights shall not be required to be kept burning nor lighted during such hours, or parts of hours, when the lights in use for lighting the City streets shall not be lighted or burning. The purpose of this subsection is to exempt the Railroad Company from lighting such crossing at any time the streets of the City are not lighted. D. Should any standard safety device be installed, designed to warn citizens and other travelers of the approach of a train, and to provide for their safety and security, or should a watchman be placed to accomplish this purpose, at any crossing designated by the City Council for the erection of electric lights, the provisions of this section shall not apply and such provisions shall become inoperative as to such crossing. E. It shall be unlawful for any Railroad Company or person operating a railroad in the City to fail to keep and maintain such lights as are hereinbefore provided for or otherwise fail to comply with the provisions of this section. SECTION 12. CUMULATIVE PROVISIONS RELATING TO LIGHTING AT RAILROAD CROSSINGS. A. Regardless of whether trains are customarily and regularly operated over a railroad crossing at night, the City Council may determine that a necessity for such lighting exists in which event the Railroad Company operating such crossing shall erect, establish and maintain at its sole cost and expense an electric light for the protection of the safety and security of persons traveling over such crossing. B. The City may participate with the railroad companies in paying for up to one-half of the cost of electrical power for lighting at all railroad crossings within the City. This provision may be invoked by adopting a resolution of the city council which shall state: 1. The crossing or crossings required to be lighted under the provisions of this section; 2. The name or names of the Railroad Company or companies operating such crossing or crossings; and 3. The share of the electrical bill, up to one-half that the City will pay. C. The City Secretary shall mail a certified copy of such resolution, return receipt requested, to each railroad named in such resolution. D. The provisions of this section shall be cumulative of all other provisions of the code relating to this subject matter. SECTION 13. SPEED LIMIT FOR TRAINS - AT CROSSINGS GENERALLY. Except as otherwise provided in this ordinance, it shall be unlawful for any Engineer or other person in charge of any locomotive, train, motor car or other vehicle for the transportation of freight or passengers by railroad to run the same onto any street crossing within the corporate limits of the City at a greater rate of speed than twenty (20) miles per hour. SECTION 14. BLOWING WHISTLE. Ail persons are prohibited from blowing any whistles on any locomotive, or single blasts therefrom, within the limits of the City, for a longer period of time than five (5) seconds, except when there is imminent danger of an accident. SECTION 15. JUMPING ON AND OFF OR CLINGING TO TRAIN WHILE IN MOTION. It shall be unlawful for any person in the City to jump off or on, cling to or hang on any railway engine or car, while the same is in motion, such person not being a paying passenger, an employee, or an official of the Railroad Company. SECTION 16. CITY AUTHORIZED TO PARTICIPATE IN CERTAIN COSTS RELATING TO STREET AND RAILROAD INTERSECTIONS. Notwithstanding anything contained in this ordinance to the contrary, the City may participate in certain costs relating to the intersections of streets and railroads. The extent, if any, to which the City will participate in said costs will be determined by the City Council for each individual railroad crossing or intersection. The extent of participation, if any, by the City shall be set forth in a resolution and payment of said participation will be made only after completion of said construction and approval of the actual costs by the City Council. In the event the City participates in such construction costs, such determination by the City Council will in no manner constitute grounds for postponement or delay in the completion of such construction within the time limit set forth in said resolution. SECTION 17. MISCELLANEOUS PROVISIONS. A. Ail construction and installation by the company pursuant to this ordinance shall comply with all construction plans which plans shall have been approved and reviewed by the City Engineer. B. The City reserves the right to install any sewer line, water line or other utility lines or facilities of any kind whatever, under, over, across or adjacent to the tracts of the company, or to make other lawful use of the tracks where the same are located. C. The Company, in laying and maintaining its tracks inside the City, agrees that it will defend, indemnify and hold the City, its officers, agents and employees, free and harmless from and against any and all loss, claims, liability, recoveries and/or expense which may be asserted against, incurred by or involve the City in any manner whatever because of the company's negligent exercise of any right or duty imposed under this ordinance. SECTION 18. INJUNCTIVE RELIEF. In addition to other remedies, the City may bring any action at law or in equity, including injunctive relief, to enforce the provisions of this ordinance. SECTION 19. SEVERABILITY CLAUSE. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 20. PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine only not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, except that for any offense which is a violation of any provision of this ordinance that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the penalty shall be fine of, not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day such offense is continued shall constitute a new and separate offense. SECTION 21. EFFECTIVE DATE. This ordinance shall take effect immediately from and after its adoption by the City Council, as the law in such cases provides. ,~ PA~SEQ AND APPROVED on of,/~O:~,c,~ , 1987. ~3 FAss~D ~D APPROVED on ATTEST: CITY SECRETARY First Reading this the /7 day Second R =~ading this the / ' F-~I~OR day APPROVED AS TO FORM: CITY ATTORNEY o DEC . I '' )7 THE STATE OF TEXAS OFFICE C ' CITY SEC1 ETI 1Y County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: December 4 , 1987 NOTICE OF PUBLIC HEARIN NOTICE Is hereby given to all Interested peCouncil of theClotysofSou heakthat th e, am & pm Texas,will be holding a public hearing on December 15,1987, to consider the second readings of thefol lowingordlnances.The hearing will be held during the regular city Council meeting to begin City Council tth hamberss of City Hall,667 North Carroll Av- enue.enue. +(t t AN OORDINANCE OF THECI- Signed TYOF SOUTHLAK E,TEXAS, PULATION OFORAILROADS Subscribed and sworn to before me, this the 4 OPERATING WITHIN THE`ber 1987 CORPORATE LIMITS OF THEE CRITBY; PROVIDAING)(EA.; Public J PROVIDING FOR A PENAL-� TY OF FINE NOT TO EX- Texas. CEED THE SUM OF FIVE Y HUNDRED DOLLARS ($500.00) FOR EACH OF- ANY OFFENSE WHICH IS AT A Debra Mo VIOLATION OF ANY PROVI- SIONS OF THIS ORDINANCE my commi SAFETYAT G ONENG OR PUS B 1 0-23-91 TIONEAINCLUDIING THE: E DUMPING OF REFUSE I T FIN E ONLYTNOT TO EX THODUSAfNNDSU DOHLAROS', ($2,000.00) FOR EACH OF-)N THE CITY OFVIDING SOU HLAKE E- AT LAY W ORGIN EQUITY,ION j� CLUDING INJUNCTION RE-JG LIEF, TO ENFORCE ANY NANCE- ANDFD CIL RRING ra- S ction ECT0IVE PENALTY CLAUSEbe Any person,firm or corpora- IIC. Lion violating any of the provi- sions of this ordinance shall be the deemed guilty of a mis- demeanor and, upon convoic- ex•tion,shall be punt shed by a pen-ikh allyoffineonlynottoexteedthe sum of Five Hundred Dollars+ons ($500.00)for each offense,ex-brns cept that for any offense which'blic is a violation of anyprovlslon of ding this ordinance that governs fire,alty safety,zoning orpublichealthdihe and sanitatior, Includinglalns dumping of refuse the penaltyh of shall be flneot notfoexceedthe,nsti sum of Two Thousand DnII rs,nse. ($2,000.00) for each offense, and each and every day such of-,ffecl tense Is continued shall constl-er its tuteanewandseparateoffense. it as SECTION 21. EFFECTIVE jed DATE slake This ordinance shall takeeffect from and after Its etary adoption by the City Council,as PthASSED lawln sANDa APPROVED THIS THE 1st day of Decem- ber,1987. /s/Johnny H.Westerholm Mayor of Southiake ATTEST: Sandra L.LeGrand APPROVED AS TO FORM John F.Boyle,Jr. City Attorney Fort Worth Star-Telegram : 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE DESCRIPTION I AD SIZE I TOTAL INCH/LINE I RATE AMOUNT NOV 20 6048507 Nov . 20 AM & PM CL . 008 1X80 L 80 2 . 29 183 . 20 01 AFFIDAVITS 8 . 00 I 191 . 20 NOTICE OF PUBLIC HEARING NOTICE Is herby given to all In- terested persons that the City Council of the City of South l ake, Texas,will be holding a public hearing at the Regular City Council Meeting to be held on December 1, 1987, in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake,Texas. PurposeofthehearingIstocon- rider eadingasfureNo. 4c2 ed, ********************** ,******* 2nc reading as further described: 2 AN ORDINANCE OF E THECI * * TY OF SOUTHLAKE,TEXAS, PROVIDING FOR THE REG * FOR BILLING INQUIRIE ` CALL * OPERATING RAILROADS TI G WITHIN THE* * CORPORATE LIMITS OF THE CITY; PROVIDING P* * 1 SEVERABILITY CLAUSE, 390-7501 PROVIDING FOR A PENAL * TY OF FINE NOT TO EX- * HEED THEUNDREDSU M DOLLF ARS ********************** ******* (S500.001 FOR EACH OF- FENSE WHICH IS A VIOLA TION OF ANY PROVISION OF THIS ORDINANCE THAT GOVERNS FIRE SAFETY ZONING, OR PUBLIC HEALTH AND SANITATION INCLUDING THE DUMPING` OFREFUSE THE PENALTY SHALLEBEFINEONLY NOT / a TO EXCEED THE SU/�OF !// TWO THOUSAND DOLLARS ($2,000) FOR EACH OF- „ T C PROVIDING THAT , �r THEHE CITY OF SOUTHLAKE tl✓,{J►,/" MAY BRING ANY ACTION AT LAW OR IN EQUITY,IN- I CLUDING INJUNCTIVE RE- _ LIEF, TO ENFORCE ANY CITY '#}/ PROVISION OF THIS ORDI- NANCE; AND DECLARING 1 AN EFFECTIVE DATE. Section 20.Penalty Clause 1 Any person,firm,or corpora- tion violating any of the provi- sions of this ordinance shall be 0 deemed guilty of a mis- tiome and, upon an- CURRENT STATEMENT PERIOD ACCOUNT NUMBER Lion,shall hall bepunishedby pen- altya of f i ne on iy not to exceed the sum of Five Hundred Dollars 11/2 0 - 11/2 0 CIT57 ($500.00)for each offense,ex- cept that for any offense which , is a violation of any provisions of this ordinance that governs fiheealth safety, natng,ion or l public ,,GARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SE• I • • • V ••- health or sanitation,Including (� ) • • dhmpingibef on refuse the penaltyTIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. shallbefineof,notfoexceedthe I sum of Two Thousand Dolalrs (S2,000) for each offense and EAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----,A, each and every day such of- fense is continued shall constl- Lute anew and sepa rate offense. Section 21.Effective Date This ordinance shall takeeffecl ADVERTISING STATEMENT Thelawlnn Immediatelybyth form C andouncil after,Its adoptio as 0 suchcasesprovided. Star.TelegrarnCity of Southlake Sandra L.LeGrancREMIT TO: P.O. BOX 99074 •• FORT WORTH, TEXAS 76199 City Secretary 1 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 191 . 20 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram '� 400W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D. NO.22-2573893 DATE I DESCRIPTION I AD SIZE TOTAL INCH/LINE I RATE AMOUNT DEC 046054211 Dec . 4 AM & PM CL • 008' 1X92 L 92 2 . 29 210 . 68 . 01 AFFIDAVITS 8 . 00 4 i NOTICE OF PUBLIC 2218 • 6 8 HEARING ' NOTICE Is hereby given to all interested persons that the City Council of the City of Southlake, Texas,will be holding a public hearing on December 15,1987, to consider the second readings of thefol Iowingordinances.The hearing will be held during the regular city council meeting to begin at 7:30 P.M.and held in the City Council Chambers of City Hall,667 North Carroll Av- (52,000.00) for each offense, enue. andeach andeverydaysuchof- ORDINANCE NO.402 ' Tense Is continued shall consti- AN ORDINANCE OF THE Cl- tuteanewandseparateoffense- TY OFSOUTHLAKE,TEXAS, SECTION 21. EFFECTIVE. PROVIDING FOR THE REG- DATE I ULATION OF RAILROADS This ordinance shall takeeffect 1 ****************************** OPERATING WITHIN THE, immediately from and after its CORPORATE LIMITS OF adoption by the City Council,as, the law in such class provides. I * * THE CITY; PROVIDING Al PASSED AND APPROVED' SEVERABILITY CLAUSE;' THIS THE 1st day of Decem- * FOR BILLING INQUIRIES CALL * PROVIDING FORAPENAL- ber,1987. TY OF FINE NOT TO EX• is/Johnny H.Westerholm; * * CEED THE SUM OF FIVE Mayor of Southiakel HUNDRED DOLLARS ATTEST: * 3 9 0-7 5 0 1 * ($500.00) FOR EACH OF- Sandra L.LeGrand FENSE EXCEPT THAT FOR City Secretary, * * ANY OFFENSE WHICH IS Al APPROVED AS TO FORM: VIOLATION OF ANY PROVI- John F.Boyle,Jr. ****************************** SIONSOFTHISORDINANCE City Attorney THAT GOVERNS FIRE I SAFETY,ZONING OR PUB- 1 LIC HEALTH AND SANITA- TION INCLUDING THE DUMPING OF REFUSE THE PENALTY SHALL BE q y FINE ONLY, NOT TO EX- CEEDf THE SUM OF TWO PER1 11) THOUSAND DOLLARS ($2,000.00) FOR EACH OF- FENSE; PROVIDING THAT 1 r!' THE CITY OF SOUTHLAKE DECry MAY BRING ANY ACTION L .-- AT LAW OR IN EQUITY,�`' td Ia7 IN- CLUDING INJUNCTION RE- LIEF, TO ENFORCE ANY PROVISION OF THIS ORDI- NANCE; AND DECLARING OFFICE cCE G� AN EFFECTIVE DATE. CITY SECRETARY Section 20. PENALTY Sa oc).1\ CLAUSE Any person,firm or corpora- tion violating any of the provi- sions of this ordinance shall be deemed guilty of a mis- demeanor and, upon convic- tion,shall bepunlshedby a pen- a lty of fine on l y not toexceed the CURRENT sum.ofo Five or Hundred De,ex-1 TEMENT PERIOD ACCOUNT NUMBER (E500.00)for each offense,ex- cept that for any offense which i is a ON RECPT thisordi anteion pr ovision fire 12/0 4 C I T 5 7 safety,zoning or public health and sanitation, Including ' -• dumping of refuse,.the penalty IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUS shall befineot nottoexceedthe ENT AT(817)390-7761.TO ASSIST sum of Two Thousand Dollars US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL I '9074 FORT WORTH,TEXAS 76199. A.---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -----► ADVERTISING STATEMENT Fort --, REMIT TO: , P O�BOX 99074 • FORT WORTH TEXAS 76199 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 218 • 68 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L • LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED