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0494AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A NEW PERIMETER STREET ORDINANCE; PROVIDING RULES AND REGULATIONS APPLICABLE TO THE DEDICATION AND/OR CONSTRUCTION OF PERIMETER STREETS; PROVIDING FOR DEFINITIONS; PROVIDING FOR SPECIFIC DEDICATION AND CONSTRUCTION REQUIREMENTS; PROVIDING FOR PAYMENT OF FEES IN LIEU THEREOF; PROVIDING FOR CONSTRUCTION ALTERNATIVES; PROVIDING FOR REIMBURSEMENT OF DEVELOPER COSTS UNDER CERTAIN CONDITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OR ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE IN THE TERRITORIAL AND EXTRATERRITORIAL JURISDICTION OF THE CITY AND PRESCRIBING PENALTIES FOR THE VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a homerule city acting under it's Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Planning and Zoning Commission of the City of Southlake has recommended after due and careful study that a system be established regulating the requirements for the installation of perimeter streets abutting areas or developments being formally subdivided pursuant to the Subdivision Ordinance of the city of Southlake; and WHEREAS, the City Council of the city of Southlake finds that this proposed ordinance will meet a legitimate public need, clarify responsibilities of landowners and developers, assist in implementing the community's Master Plans and serve to protect the - 1 - public health, safety and welfare as well as of Chapter 212 of the Local Government Code. NOW, THEREFORE, OF SOUTHLAKE: fulfill the purposes BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY PURPOSE The purpose of this Ordinance is to establish responsibilities for the dedication of right-of-way, the construction of roadway improvements and/or payment of fees in lieu of the construction of improvements on roadways directly abutting and contiguous to property undergoing the process of subdivision under the laws and regulations of the City of Southlake, Texas. This Ordinance is designed to be used in conjunction with the Subdivision Ordinance to ensure an orderly development plan for the growth of the community and to ensure compatibility of street systems and the development of public works infrastructure necessary to support new growth or development. II. DEFINITIONS A. General Rules: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 1. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. - 2 - 2 o The word "shall" is mandatory and the word "may" is permissive. The phrase "used for" shall include the phrases, "arranged for", "designed for", "intended for", and "occupied for", and shall apply exclusively to physical uses. or terms Words and ordinance Definitions: For the purpose of this ordinance, certain words applicable hereto are defined as hereinafter provided. terms used in this ordinance, but not defined in this shall have the meanings ascribed thereto in the Subdivision Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. Applicant: The owner of land proposed to be subdivided or his representative. Bond: Any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Council. City: The City of Southlake, Texas. Commission: The Planning and Zoning Commission of the City. Council: The City Council of the City. County Plat Records: The plat records of Tarrant County Denton County, Texas, whichever is appropriate the tract being platted. or to - 3 - Developer: Development: Engineer: Escrow: Frontage: Master Plan: Owner: The owner of land proposed to be subdivided or his representative. Any activity that requires the submission of a subdivision plat, development plan or the securing of a building permit. Any person who has been licensed and registered by the Texas State Board of Registration for Professional Engineers to engage in the practice of engineering in this state, and listed in State Records as "Civil". Money placed in the possession of the City to accomplish the purpose set out in this ordinance, including, but not limited to, the following: purchase of right-of-way, design and construction of drainage and sanitary sewerage facilities, water, curb, gutter, and pavement. That side of a lot, parcel, or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. Those plans and policies adopted by the Council as a guide to the systematic physical development of the City. The term owner herein is an all inclusive term denoting the person, firm, corporation or partnership with primary responsibility toward the - 4 - Plat, Plat, City to see that these subdivision rules and regulations and the ordinances of the City are complied with. Such term as used herein always includes one or more of the above who own all or any part of the land which is to be developed. Final: A plat which substantially conforms to the approved preliminary plat and contains all or a portion of the property within the approved preliminary plat. A Final Plat as referred to in this ordinance may also refer to Plat Revisions, Amended Plats, and Plat Showings. Only Final Plats may be filed of record in the County Plat Records. Preliminary: The Preliminary Plat is intended to show all the planning factors necessary to enable the proper City approving authorities to determine whether the proposed plan for land development is satisfactory from the standpoint of public health, safety and welfare and is in accordance with the general guidance provided by the Master Plan the Zoning Ordinance and other applicable ordinances and regulations. The Preliminary Plat and the review thereof are intended to produce a subdivision have been distinguished design in which all planning factors recognized and reconciled, as from the Final Plat, in which the Right-of-Way: Street, Subdivider: engineering factor of dimensional precision is the predominate objective. (Abbreviated R.O.W.) A strip of land, other than a drainage or utility easement, occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. Perimeter: Any street which abuts a development or one whose width lies partly within a development and partly without. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises for sale, lease or development, any interest, lot, parcel, site, unit, or plot in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale lease or development a subdivision or an interest, lot, parcel, site, unit, or plot in a subdivision, and who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing. Subdivision: Any land, vacant or improved, which is divided or proposed to be divided by metes and bounds, deed, contract for deed, lease instrument, other instrument, or by another method, into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. III. DEDICATION AND/OR CONSTRUCTION REQUIREMENT A. Policy: It is the public policy of the City that the Developer or Subdivider of any subdivision within the corporate limits of the City or it's extraterritorial jurisdiction shall be the party principally responsible for the dedication of right-of-way and the construction of appropriate portions of all perimeter streets abutting that subdivision. This policy is premised on the concept that the perimeter street will provide access to and from the subdivision thereby increasing the marketability, utility and ultimately the value of the property within the subdivision. The City considers it essential that arrangements be made to time phase the construction of perimeter streets in such a manner as to ensure they are made available at the most appropriate time to meet the needs of the City's Master Thoroughfare Plan and to serve the needs - 7 of the subdivision or development to which they are related. B. Dedication: A subdivider shall be required to dedicate required right- of-way for the type of perimeter street in question as reflected on the City's Master Thoroughfare Plan. All right-of-way dedications shall be based upon the following street standards: Type A Street - 31' of pavement in a 50' right-of-way. Type B Street - 44' of pavement in a 64' right-of-way. Type C Street - 64' of pavement in a 84' right-of-way. The developer shall be required to dedicate those portions of the right-of-way lying between the center line of the perimeter street and the nearest property line of the subdividing property. Where a subdivision borders only one side of a perimeter street the developer will be responsible for dedicating any and all right- of-way needed for one-half of the street right-of-way; that being the one-half directly contiguous with his property. In the event that a developer may own a tract of land which in some manner borders a perimeter street on more than one side the developer will be responsible for dedicating appropriate right-of-way under the same procedure for all perimeter streets which directly abut the developer's subdivision property line. C. Limitation on Dedication: Under no circumstances shall a developer be required to dedicate right-of-way along any one perimeter street greater than one-half of a one hundred twenty foot (120') right-of-way (60 - 8 feet). It shall be presumed that any right-of-way requirements greater than 120' in width are designed to accommodate arterial type thoroughfares designed to provide transportation services not directly attributable solely to the surrounding development. D. Additional Riqht-of-Wa¥: Wherever a developer is required to dedicate right-of-way for a perimeter street and/or to construct perimeter street improvements the City may require the developer to dedicate right- of-way for ancillary drainage improvements and to install any and all necessary supporting drainage improvements or facilities. SECTION IV. SPECIFIC PERIMETER STREET REQUIREMENTS A. Residential Streets: When any development occurs adjacent to a residential perimeter street (as shown on the Master Thoroughfare Plan) the developer shall comply with the following requirements: 1. If the residential street adjacent to the subdivision is already developed and improved to the construction standards of the City, the developer will be required to dedicate any additional right-of-way needed for other public improvements directly adjacent to his side of the existing street surface and right-of-way. The developer will further be required to install, reinstall or upgrade any curb and gutter, drainage improvements, signage, lighting or other facilities as determined appropriate by the Director of Public Works for the City. - 9 - If the Director of Public Works should determine that the fully developed perimeter street was constructed by a prior developer on the other side of the right-of-way under the terms and conditions of this Ordinance, then the current Developer shall be charged a one time perimeter road fee. The fee shall be established as one-half the cost per linear foot of installing the perimeter road and related improvements multiplied by the number of linear feet of the perimeter street abutting the new development. This fee shall be paid to the City's Director of Finance prior to the execution of the Developer's Agreement required by the Subdivision Ordinance. The Director of Finance shall pay these funds to the original developer of the perimeter street as soon as possible after verification of all calculations, costs and amounts by the Director of Public Works. 2. In the event that the existing residential street qualifying as a perimeter street for purposes of this ordinance has not been constructed or is not currently developed to the standards of the City of Southlake the Developer may pay a fee of $50,000.00 per mile or pro rata portion thereof for the actual distance involved for all perimeter street frontage directly adjacent to or abutting the proposed development. This fee will be placed in an escrow account by the City with said account reserved only for the construction of street improvements in accordance with the community Master Thoroughfare Plan. The Council shall determine the timing and priority of expenditure of these funds through it's - 10 - capital 3. approve surface improvement program budgeting process. The Developer may request the Public Works Director to as an alternative the overlaying of the existing street with two (2) inches of Type D HMAC for the full width of all existing street surface adjacent to the development. This requires an overlay of the entire street and not simply one-half of the street from center line to the perimeter of the proposed subdivision. The minimum width of this overlay shall be twenty- four (24) feet and the overlay shall not be permitted without the presence of six (6) inches of lime or cement stabilized subgrade. The specific type of subgrade stabilization will be as directed and determined by the Director of Public Works. Any overlay proposals authorized under this section shall be constructed, inspected and accepted by the City prior to final acceptance of the subdivision public works infrastructure. The overlay of existing road surface option is discretionary with the City and shall be authorized only when the overlay improvement of the road appears to meet the needs of the neighborhood and community adjacent to the project area. This approach will normally be approved only where there is an immediate need to secure improvement of a residential street and such proposed improvement project is not currently scheduled within the capital improvement program budget of the City. 4. If the residential perimeter street adjoining the subdivision is totally undeveloped, the Developer will be required to construct a complete thirty-one (31) foot street with curb and - 11 - gutter, complete with drainage facilities in full conformance with city development standards for urban streets. The developer will be required to pay for all construction, engineering, testing and inspection costs. The initial Developer is required to make the complete street installation as it is impractical and unsafe to develop only one-half of a two lane roadway. In order to serve any useful function a minimum of two lanes must exist. Any developer required to construct the full street surface under this provision will be eligible to receive a rebate of one-half of the complete cost of the street structure, curb and gutter and related drainage facilities when subdivision or development activity occurs on the opposite side of the street right-of-way. B. Collector or Arterial Streets: When any development occurs adjacent to a collector or arterial perimeter street the developer shall comply with the following requirements: 1. If the collector or arterial street adjacent to the subdivision is already developed and improved to the construction standards of the City of Southlake, the developer will be required to dedicate any additional right-of-way needed for other public improvements directly adjacent to his side of the existing street surface and right-of-way. The developer will further be required to install, reinstall or upgrade any curb and gutter, drainage improvements, signage, lighting or other facilities as determined appropriate by the Director of Public Works. - 12 - If the Director of Public Works should determine that the fully developed perimeter street was constructed by a prior developer on the other side of the right-of-way under the terms and conditions of this Ordinance then the current Developer shall be charged a one time perimeter road fee. The fee shall be established as one-half the cost per linear foot of installing the perimeter road and related improvements multiplied by the number of linear feet of the perimeter street abutting the new development. This fee shall be paid to the Director of Finance prior to the execution of the Developer's Agreement required by the Subdivision Ordinance. The Director of Finance shall pay these funds to the original developer of the perimeter street as soon as possible after verification of all calculations, costs and amounts by the Director of Public Works. 2. In the event that the existing collector or arterial perimeter street is not developed or is not currently developed to the standards of the City, the developer may pay a fee of $50,000.00 per mile or pro rata portion thereof for the actual distance involved for all perimeter street frontage directly adjacent to or abutting the proposed development. This fee will be placed in an escrow account by the City with said account reserved only for the construction of street improvements in accordance with the Master Thoroughfare Plan. The City Council shall determine the timing and priority of expenditure of these it's capital improvement program budgeting process. funds through - 13 - 3. The Developer may request the Public Works Director to approve as an alternative the overlaying of the existing street surface with two (2) inches of Type D HMAC for the full width of all existing street surface adjacent to the development. This requires an overlay of the entire street and not simply one-half of the street from center line to the perimeter of the proposed subdivision. The minimum width of this overlay shall not be less than thirty (30) feet and it shall not be permitted without the presence of six (6) inches of lime or cement stabilized subgrade. The specific type of subgrade stabilization will be as directed and determined by the Director of Public Works. Any overlay proposals authorized under this section shall be constructed, inspected and accepted by the City prior to final acceptance of the subdivision public works infrastructure. The overlay of existing road surface option is discretionary with the City and shall be authorized only when the overlay improvement of the road appears to meet the needs of the neighborhood and community adjacent to the project area. This approach will normally be approved only where there is an immediate need to secure improvement of a collector or arterial proposed improvement project is not currently the capital improvement program budget of the street and such scheduled within City. 4. If the perimeter street is proposed to be a Type A Collector Street as set forth in the Master Thoroughfare Plan and the street is either totally undeveloped or is in such a condition - 14 - that complete redevelopment is necessary, the developer will be required to construct a complete thirty-one (31) foot street with curb and gutter, complete with drainage facilities in full conformance with city development standards for urban streets. The developer will be required to pay for all construction, engineering, testing and inspection costs. Any developer required to construct the full street surface under this provision will be eligible to receive a rebate of one-half of the complete cost of the street structure, curb and gutter and related drainage facilities when subdivision or development activity occurs on the opposite side of the street right-of-way. The initial developer is required to make the complete street installation as it is impractical and unsafe to develop only one-half of a two lane roadway. In order to serve any useful function a minimum of two lanes must exist. 5. If the perimeter street adjoining the subdivision is designated as a Type B or C collector or arterial street under the Master Thoroughfare Plan, the developer along each side of the thoroughfare will be required to build two lanes complete, with necessary curb and gutter and appropriate supporting drainage infrastructure as called for by the Master Thoroughfare Plan and public works construction standards. If a Developer chooses to exercise this option in meeting the perimeter street requirements, the City will reimburse the Developer in an amount equivalent to one-sixth (1/6th) of the total cost of constructing the two lanes - 15 - together with ancillary improvements by crediting the Developer against development fees owed on the remainder of the project. In no event will the credit allowed by the City exceed one-half of the total development fees attributable to the complete subdivision project. In the event that the City's credit for one-sixth (1/6th) of the construction cost is determined to be larger than one-half of the fees associated with the project the City will reduce it's financial contribution to a level equivalent with one-half of the total development fees. This downward adjustment in city contribution is made on the assumption that if development fees are not sufficient to cover the City's share of the road improvements, then the project will not be of significant benefit to development and residents outside the immediate area and, therefore, a public contribution to assist in the street improvement is inappropriate. SECTION V CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION VI SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, - 16 - paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of phrase, clause, sentence, paragraph or any such unconstitutional section. SECTION VII PENALTY PROVISION Fines: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Two Thousand Dollars and No Cents ($2,000.00) for all violations affecting involving fire safety or public health and sanitation and Five Hundred Dollars and No Cents ($500.00) for all other violations. The above penalty shall not apply to a violation in the City's extraterritorial jurisdiction. Each day that a violation is permitted to exist shall constitute a separate offense. Injunctions: The City shall have the right to institute an action in a court of competent jurisdiction to enjoin the violation of any provision of this ordinance within it's municipal boundary or within its extraterritorial jurisdiction, and this remedy shall be in addition to any - 17 - penal provision in this ordinance or in the Code of the City. SECTION VIII SAVINGS CLAUSE All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting perimeter street dedication or development which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION VIII PUBLICATION IN PAMPHLET FORM The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION IX PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the - 18 - imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official city newspaper one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION X ENGROSSMENT AND ENROLLMENT The City Secretary of the City of Southlake if hereby directed to engross and enroll this ordinance by copying the caption, penalty clause, publication clause and effective date clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION XI EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. - 19 PASSED AND APPROVED ON · . ........ .~- ~% PASSED APPROVED AS FIRST READING THIS /~ DAY M~YOR - ~/ ATT~gST: CITY SECRETARY AND APPROVED ON , 19 5~ ...~ ~ ...-.. "-....~% % '-.. ......." TO SECOND READING THIS ~ DAY ~YOR ~ ~~ AT~EST: ! CITY SECRETARY FORM AND LEGALITY: City Attorney ADOPTED: EFFECTIVE: OF OF PERIMTR.ORD SL1 - 20 - Fort Worth Star-Telegram 400 W SEVENTH STREET•FORT WORTH,TEXAS 76102 1E STATE OF TEXAS ,aunty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared ROSALIE RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram 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 : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT JAN 07 6444692 CL . 358 1X101L 101 . 60 60 . 60 january 7 ANRORDIJCE NANCEOOF THE CITY OF SOUTH- ..„ _„_._. LAKE TEXAS ADOPT- e TERM NEW STREET ORDINANCE; PROVID- ING RULES AND REGU- ---" - LATIONS APPLICABLE TO THE DEDICATION AND/OR CONSTRUC- TION OF PERIMETER ___ _ .. STREETS PROVIDING FOR DEFINITIONS; PROVIDING FOR SPE- 1 CIFIC DEDICATION , AND CONSTRUCTION REQUIREMENTS•PRO VIDING FOR PAYMENT OF FEES IN LIEU THEREOF;PROVIDING ` E Dl FOR CONSTRUCTION T HT S THE DAY O F SUBSCRIBED AND SW( VLDENG FOR ATIVES E M E'J 10 JAmara, 1990. BURSEMENT OF DE- NOTARY PUBLIC UNDERERCE COSTS UNDERCERTAIN CON- TTHATTHI'SORDINANCE ' SHALL BE CUMULA- TARRANT COUNTY TEXAS TIVE OR ALL ORDI- NANCES•PROVIDINGA CLAUSE�IPROVIDING , i.; 01 AFFIDAVITS FOR THE ADMINISTRA- fly .,I SUE A. ROSSE-! MENN TAND O THUS ORDI- Pi ?• COMMISSION EXPIRES NANCEORIIN THE AL AND EX- M `7- OCTOBER 27, 1)93 ( TRATERRITORIAL JU- y� RISDICTION OF THE CI- 1 ' PENT PRESCRIBINGA PENALTIES VIOLATIONS OF THE Ac-- TEAR ALC PROVISIONS OF THIS J AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----...AORDINANCE; PROVID- ING A SAVINGS CLAUSE• PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR EN- GROSSMENT AND EN- REMIT TO : 400 W • SEVENTH , FW , TX 76102 FROLLMENT• PROVID- ING FORAP RANDPION ram IN THE OFFICIAL i NEWSPAPERANDPRO , X C,XX9(�c-MmX max X comet I �'x 6197 VIDINGANEFFECTIVE DATE. 6444692 PENALTYIPR VII OVISION NUMBACCOUNER C I T 5 7 AMO UNT ENT 60 . 60 A.Fines:Anyperson,flrm cor- poration, agent or employee thereof who violates any of the provisions of this ordinance I If shall be guilty of a mis- demeanor and upon conviction thereof shall be fined not to ex- ceed Two Thousand Dollars and No Cents(S2 000.00)for all violations affecting involving fire safety of public health and sanitation and Flve Hundred Dollars and No Cents($500.00) for all other violations. The. abovepenaity shall not applyto a violation In the City's extra- territorial lurisdictlon. Each day that a violation Ispermitted CITY OF SO to exist shall constltute a sepa- ORIGIN rate offense. PLEASE PAY 667 N C A R R B. the right The City shall ► 60 . 60 have unctiottolnstituteanac- SOUTHLAKE trlsdlcacto (onthevl latIon 76092 0 THIS AMOUNT rl sdlctlon toenloln the violation of any provision of this ordl- A T T N : S Hance within is municipal boundary or within itsextrater- rltorial Jurisdiction, and this remedy shall be In addition to any penal provision In this ordi- nanceor IntheCodeoftheCity. PLEASE WRITE IN AMOUNT ENCLOSED PASSED AND APPROVED THIS THE 2nd DAY OF JANU- ARY,1990. Mayor Gary Flckes ATTEST:Sandra L.LeGrand, CIty Secretary APPROVED ASTOFORM'E. Allan Ta,Inr rir,,Affnrrov Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS ..aunty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared ROSALIE RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram 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 : DATE DESCRIPTION AD SIZE TOTAL AMOUNT INCH/LINE RATE DEC 22 6439178 CL . 358 1X110L 110 • 35 38 . 50 december 23 NOTICE OF PUBLIC HEARING Notice Is hereby given to all In- terested persons that the City Council of the City of Southlake, _....__...._...___..__.__-_..-_.____....-....__.___..__ Texas,will be holding a Public Hearing on January 2 1990, during the regular City Council Meeting,667 NorthCarroll Ave.South lake,Texas. / _._.. ..-.........._. .._.__-._,_ _..._...___- Purposeof the hearing Istocon- slder the second reading on the G� following Ordinances. ORDINANCE NO.494 AN F THE OCITY OF SOUDINANCETH- IGNED LAKAS ADOPT- UBSCRIBED G A NEW PERIIME- D BEFORE ME, T 26 , THE DAY OF R 1989. TER STREET ORDINANCE; PROVID- /J /� .,......._.-............_.__._...-. INGRULESANDREGU- NOTARY PUBLIC - -�� LATIONS APPLICABLE �C-C2 TO THE DEDICATION AND/OR CONSTRUC- TION OF PERIMETER TARRANT COUNTY, TEXAS ON STREETS; PROVIDING FOR DEFINITIONS; t, •.. 4 PROVIDING FOR SPE- fti SUE A. RUSSELL CIFIC DEDICATION l ��r—'• COMMISSION EXPIRES 01 AFFIDAVITS • 00 AND CONSTRUCTION ',�•, �� i CCTOBER 21, 1993 REQUIREMENTS PRO 'Itr VIDING FOR PAYMENT �7i j•.,•,•, OF FEES IN LIEU ^w THEREOF;PROVIDING __._._.__._______....._....._.._-...........-..._....-.__. FOR CONSTRUCTION ALTERNATIVES; PRO- (( i VIDING FOR REIM- I L BURSEMENT OF DE- VELOPER A UNDER CERTAIN CON- PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ---,i DITIONS; PROVIDING - THATTNISORDINANCE SHALL BE CUMULA- TIVE OF ALL ORDI- NANCES;PROV IDINGA SEVERABILITY CLAUSE; PROVIDING REMIT TO : 400 W • SEVENTH , FW , TX 76102 Po FOR THE ADMINISTRA- TION AND ENFORCE- 704 0R7H �(A$ r Wor NMENT ANCE OF IN THE OTHE Telegram REMIT TO: ��XXXXXXXXXXXXXXXX,XTXXXX 6197 TERRITORIAL AND EX- TRATERRITORIAL X X X JU- RISDICTION OF THE CI- AMOUNT 6439178 TY AND ESEING FORBTHE NUMBER CIT57 DUE 38 . 50 VIOLATIONS OF THE PROVISIONS OF THIS ORDINANCE; PROVID- PAGE 1 OF 1 ING A SAVINGS CLAUSE• PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR EN- GROSSMENT AND EN- ROLLMENT• PROVID- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PRO- VIDINGAN EFFECTIVE DATE. SECTION VII PENALTY PROVISION C I T A.Fines:Anyperson,firm,cor •- poration, agent of employee•E O R I G I N A PLEASE PAY 6 6 7 thereof who violates any of the , 3 8 • 5 0 provisions of this ordinance THIS AMOUNT SOUshall be guilty of a mis- demeanor and upon conviction thereof shall be fined not to ex- ceed Two Thousand Dollars L E G R A N D and No Cents($2,000.00)for all violations affecting involving fire safety or public health and sanitation and Flve Hundred PLEASE WRITE IN AMOUNT ENCLOSED Dollars and No Cents(5500.00) for all other violations. The ahnve nenalty shall not apply to