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0631ORDINANCE NO. 631 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A NEW PERIMETER STREET ORDINANCE; PROVIDING FOR THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE ADMINISTRATION OF THIS ORDINANCE; PROVIDING FOR PERIMETER STREET FEES; PROVIDING FOR PERIMETER STREET CONSTRUCTION; PROVIDING FOR THE LIMITATION OF CONSTRUCTfON AND FEES AND ADJUSTMENT OF THE PERIMETER STREET REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlakc, Texas, is a home rule city acting under its 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 City Council of the City of Southlake deems it necessary and in the public interest to establish requirements for the construction of perimeter streets abutting land being 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 carrying out the community's Thoroughfare Plan, serve to protect the public health, safety and welfare, and fulfill the purposes of Chapter 212 of the Local Government Code; NOW, T~IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE: SECTION I. PURPOSE AND SCOPE (1) Purpose. It is the purpose of this Ordinance to guide the development of a roadway network sufficient for both existing and future traffic. This Ordinance establishes that all developers shall pay a perimeter street fee in accordance with Section IV herein or, at the option of the City Council, improve the perimeter street to comply with the City's Thoroughfare Plan and pavement standards on existing streets that abut the proposed subdivision where the street is inadequate or substandard. (2) Scope. This Ordinance shall apply to all non-residential development which abuts one or more streets and all residential development which requires a Developer's Agreement and abuts one or more streets. SECTION II. DEFINITIONS (1) 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: (a) 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. (b) The word "shall" is mandatory and the word "may" is permissiYe. (c) The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", and "occupied for", and shall apply exclusively to physical uses. (2) Definitions. For the purposes of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance 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. (a) The City means the City of Southlake, Texas. (b) The Developer's Agreement is a written agreement, approved by the City Council, which addresses the physical public improvements which are to be installed in the development. (c) Development means any activity which requires the submission of a final plat under the City's Subdivision Ordinance. (d) Interim roadway section means the pavement standards specified as interim in the Thoroughfare Plan. (c) Perimeter street means any street (excluding S.H. 26, S.H. 114, F.M 1938, and F. M. 1709) which abuts or whose width lies partially or wholly within a development. 3 (t) The Thoroughfare Plan is the written policy of the City recommending the roadway network necessary to support ultimate development in the City and the surrounding region. The Thoroughfare Plan in effect at the time of submittal of the final plat shall be applicable to the development. (g) Ultimate roadway section means the R.O.W. and pavement standards specified in the current Thoroughfare Plan. SECTION III. ADMINISTRATION (1) Administration. The City Manager or his/her designee is responsible for the administrative provisions of this Ordinance. The City Council shall determine which of the following shall be required of the developer and included in the Developer's Agreement in order that the City's best interests be served: payment of a perimeter street fee; construction of street improvements as required herein; or a combination of construction and a perimeter street fee. (2) Deposit of fees. Fees paid pursuant to this Ordinance shall be placed by the City into a perimeter street fund and shall be specifically reserved and used for the construction of perimeter street improvements. The City Council shall determine the timing and priority of expenditure of these funds through its capital improvement program budgeting process. 4 SECTION IV. PERIMETER STREET FEE (1) Payment of perimeter street fee. in the event the City Council determines that the perimeter street fee should be paid, the Developer shall pay to the City the designated perimeter street fee which represents the estimated cost of roadway improvements required to upgrade the perimeter street to the current City standard street (including, but not limited to, excavation, subgrade preparation, paving, curb and gutters, sidewalks, storm drainage facilities, lighting, utility adjustments, engineering, and other necessary facilities and appurtenances). The required payment will be based upon the classification of the perimeter street in the Thoroughfare Plan and whether the construction is based upon interim or ultimate roadway sections. If the perimeter street is a residential street or the construction standard is for an interim street (residential, collector or arterial), the fee is equivalent to one-half the cost per linear foot of construction multiplied by the number of linear feet of the perimeter street abutting the development. If the perimeter street is a collector or arterial street and the construction standard is for the ultimate roadway sections, the fee is equivalent to one-third the cost per linear ~bot of construction multiplied by the number of linear feet of the perimeter street abutting the development. (2) Fees schedule. Perimeter street fees shall be adopted by the City Council in the City's Schedule of Fees. (3) Payment of fees. The perimeter street fee in effect at the time of submittal of the final plat shall be paid to the City per the requirements of the Developer's Agreement. (4) Perimeter street previously constructed. If the perimeter street was constructed per the City standard street section by a prior developer on the other side of the right-of-way under the terms and conditions of this ordinance, the current Developer shall pay the perimeter street fee required in paragraph (1) above based upon the cost per Iinear foot in effect at the time the perimeter street was constructed. The City shall pay these funds, less ten percent (10%) of the funds for each year the improved street section has been in service, to the original developer of the perimeter street as soon as possible after verification of all calculations, costs, and amounts by the City Council. If the original developer is no longer in business or has failed to designate a successor or a current address at which to receive a refund, the City shall pay these funds on a pro-rata basis to the owners of all lots in the subdivision. No payments will be refunded after the improved street section has been in service ten years. SECTION V. PERIMETER STREET CONSTRUCTION (1) Minimum lane construction. In the event that the City Council determines that a Developer should construct or improve a perimeter street in lieu of a paying a perimeter street fee, the Developer will be required to construct a minimum of two full lanes, in full conformance with the interim or ultimate standards established by the Thoroughfare Plan. (2) Surface overlay alternative. The City Council may, through the Developer's Agreement, approve as an alternative the overlaying of the existing perimeter street surface(s) with a minimum of two inches (2") of hot mix asphaltic concrete (HMAC) for the full width of the existing perimeter street adjacent to and extending from the development to the nearest street which 6 has been improved to current City standards. This alternative of overlaying the existing road surface(s) may be authorized by the City Council only when the overlay improvement of the road serves the City's best interest and meets the needs of the neighborhood and community in the development area. (3) Construction cost reimbursement. AnyDeveloperconstructingtheentireultimate street surface of a perimeter street may be eligible to receive a rebate of .a portion of the cost of the perimeter street when development activity occurs on the opposite side of the street right-of-way in accordance with Section IV(4) of this ordinance. If the Developer is required to construct the ultimate roadway section, then the City will reimburse the Developer in an amount equivalent to one-sixth (1/6th) of the total cost of constructing the minimum two lanes or one-third (1/3rd) the total cost of constructing the entire road together with ancillary improvements. The City may credit the reimbursement against eligible development fees owed, but no credit allowed by the City shall ever exceed one-half of the total development fees. Any approved reimbursement will occur the year following the expiration of the required paving maintenance bond. SECTION VI. LIMITATION ON CONSTRUCTION AND FEES; ADJUSTMENT (1) Limitation. The requirements of this ordinance are based upon the reasonable minimum standards which are designed to compensate for the effects of development upon city streets. No construction or payment of fees shall be required under this ordinance in excess of those requirements directly attributable to or directly benefiting the particular development. (2) Adjustment. The City Council may, in appropriate cases and based upon specific facts presented, authorize an adjustment, offset or wavier of any construction or fee payment requirements under this ordinance where it is determined that such requirements place an unreasonable burden on the development and do not bear a rough proportionality to the requirements necessary to serve the development. SECTION VII. CUMULATIVE CLAU SE This ordinance shall be cumulative of all provisions of ordinances of the City of Southlakc, 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. 8 SECTION VIII. 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, 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 any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION IX. 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 X. 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 thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, 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 XI. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by ~,aw, and it is so ordained. 10 PASSED AND APPROVED on first reading this/~_ day of ~ 1995. ~/ / Gary Fickes, Mayor ATTEST: , ..,,,~.'~.~ . . , ,,~_.j..**.---~.,,,,%. C~y S~t~y AND APPROVED ON second reading this [ day of , 1995. ATTEST: Sandra L. ~Orand ~ ~ ~ ' ~,ty ~,~t~ ~[ ~ APPROVED AS TO FO~: % ~ / .~ City Attorney .dop,,d: ~ g/~ Effective~~ 11 ExhibJ t "A" PER-LINEAR-FOOT COST ESTIMATES - 1N 1994 DOLLARS January 25, 1995 Roadway Cost Cost Classification Per Linear Foot Per Linear Foot w/o Drainage w/Drainage Arterial - Interim 24' Section' No Curb & Gutter - 4" HMAC $ 55.00 $ 95.00 Arterial - Interim 48' Section No Curb & Gutter - 4" HMAC $ 95.00 $185.00 t Arterial - Ultimate A4D Boulevard Section - With Curb & Gutter $150.00 $ 200.00 Arterial - Ultimate ~[4D Boulevard Section - With Curb & Gutter - 6" PCC $175.00 $ 230.00 Arterial - Ultimate A5U Undivided Section With Curb & Gutter .- 7" HMAC $175.00 $ 235.00 Arterial - Ultimate A5U Undivided Section With Curb & Gutter - 6" PCC $ 210.00 $ 280.00 Arterial - Ultimate A4U Undivided Section - With Curb & Gutter - 7" HMAC $ 135.00 $ 180.00 Arterial - Ultimate A4U Undivided Section - With Curb & Gutter - 6" PCC $160.00 $ 215.00 Collector - Interim 24' Section No Curb & Gutter - 4" HMAC $ 55.00 $ 95.00 Collector - Interim 48' Section No Curb & Gutter- 4" HMAC $ 95.00 $185.00 Collector - Ultimat~ C2U Section With Curb & Gutler - 7" HMAC $110.00 $145.00 Roadway Classification Cost Per Linear Foot w/o Drainage Cost Per Linear Foot w/Drainage Collector - Ultimate C2U Section With Curb & Gutter - 6" PCC $125.00 $165.00 Residential Street - P,20 Residential Street or Cul De Sac - 31' Section With Curb & Gutter - 6" HMAC $ 80.00 $105.00 Residential Street - R2U Residential Street or Cul De Sac - 31' Section With Curb & Gutter - 5" PCC $100.00 $135.00 HMAC = Hot Mix Asphaltic Concrete PCC = Portland Cement Concrete PLF = Per Linear Foot Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Tug STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL . RATE AMOUNT FEB 10i3126881 'CL • 358 1X42 L 42 . 46 19 . 32 feb i,n P . 0 • # ORD #631 ORDINANCE NO.631 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A NEW PERIMETER STREET OR- DINANCE PROVIDING FOR THE PURPOSE AND I SCOPE OF THE ORDI-I NANCE PROVIDING FOR DEFINITIONS; PROVID-' ING FOR PERIMET(R INC; REFOR PEIIMETER • STREET CONSTRUCTION; PROVIDING FOR THE LIM- ITATION OF CONSTRUC- CU-0-0:7201) -P-11-X-1-eLAL-9--- JUOSTMENTEEOFNDTHE oc SIGNED PERIMETER$TREETRE- IBSCRIBED AND Ou1REMENTS; PROviD-)RE ME, THIS THE 10T'H DAY OF �RUARY, 1995 ING THAT THIS ORDI- NANCE IVEOLL B NOTARY PUBLIC J�„A^,,, DINANCES•PROVIDING A I'"'• SEVERABILITY CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL TARR NT COLNTY, TEX S ..__ NEWSPAPERL AND PRO- VIDINGAN EFFECTIVE DATE. PASSED CITY APPROVED 41~"1"4"°164fr ONOLOF • THE CITY OF SOUTH-trP Ne►nacdv .. LAKE THIS THE 7TH DAY ssiOn ExpiresOF FEBRUARY,1995. OFFICE Gary r of So, 1 ICE OF Mayor ofSouthlake ,f3r �`S qg _.. _ Attest:Sandra L.LeGrand, - CITY SEe;ETARY Altyproved Secrefar Ap as o form: E.Allen Taylor Jr., City Attorney TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—� REMIT TO : 400,�, W . SEVENTH , FW, TX 76102 Fort WorthStar.TelegramPE , , 312681 NUMBERACCOUNT CIT57 AMOUNT 19 . 32 PAGE -OF 1 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 19 . 32 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star1'elegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN N. 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 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT JAN 22 3115802 CL . 358 1X55 L 55 . 75 41. 25 JAN 22 P . O . # ORD 631 NOTICE OF I PUBLIC HEARING ENTFNTEETV O ALLRSED PERSONS that the City Coun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular -- held onity C February 7,ng_5,be-e- aglnningat7:00p.m.Tthemeet- • ing will be held In the City //,�(/�►\///�� Hall, Chambers ar of City V`� Hall,667 North Carroll Ave- nue,np Southlake, Texas. The I s toon siderthe foil lowing 0 dlnance: SIGNED ORDINANCE NO.631 R E M E , T-I I S THE 23 DAY O F JANUARY, C R I B E D AND AN ORDINANCE OF THE 1995 IBS, i CITY OF SOUTHLAKE TEXAS ADOPTING A NEW PERIMETER STREET OR NOTARY PU LIC FOR THE PPROVIDING RPOSE AND SCOPE OF THE QRDI- NANCE- PROVIDINGFOR - TARRANT COUNTY , TE S DEFINITIONS PROVID- ING FOR THE ADMINIS- ��,:��y TRATION OF THIS ORDI- " g/ ' NCE PROVIDING FOR et, RIAlETER STREET P 1?l',e�r� Tr Ti q PTt.fr l I FEES; PROVIDING FOR 9 + r 9. �. OF ICE OF PERIMETER STREET �,— as In.; I w ti;+ CONSTRUCTION PROVID • r I�i3iL�r3� .d •ES INGFORTHELI/NITATION 11 CITY ECG ETARY OF CONSTRUCTION AND �4 4h• 'JsL` T �'+ �� FEES AND ADJUSTMENT . OF THE PERIMETER + << �,�y STREET REQUIRE- MENTS PROVIDINGTHAT THIS ORDINANCE SHALL TEAR BE CUMULATIVE OF ALLLI � O�N�RI��D,INANCES- PROVID ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT CLAUSE;PROVIDING FOR PPPUBLICATION IN PAM- PHLET FORM• PROVID- ING FOR PUBLICATION IN THE OFFICIAL ID NG REMI SEVENTH, FW, TX 76102 THE OFF PROVIDING NEWS A- EFFECTIVE DATE. Fort Worth Cityr L.Le ke,Texas REMIT TO: ► P O BOX 901051 • FORT WORTH,TEXAS 76101 2051 CIt d$ec etarand A � �gram ACCOUNT ADVENT 3115802 CIT57 41. 25 PAGE 10F 1 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY ► 41. 25 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED