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1992-09-15 CC PACKET City of Southlake,Texas MONTHLY DEPARTMENT REPORTS AUGUST 1992 ZONING 4A PARKS & RECREATION 4B STREET 4C WATER/WASTERWATER 4D BUILDING 4E PUBLIC SAFETY 4F MUNICIPAL COURT 4G COMPLAINTS 4H FINANCE 4I City of Southlake,Texas PLANNING AND ZONING DEPARTMENT FEE REVENUE REPORT FOR THE MONTH ENDING 31 AUGUST 1992 ZONING $ 100 .00 NO. OF CASES ( 1) PLATTING 2,390 . 00 NO. OF CASES (2) SITE PLANS . 00 NO. OF CASES SPECIFIC USE PERMITS . 00 NO. OF CASES BOARD OF ADJUSTMENT 150 . 00 NO. OF CASES ( 3) MISCELLANEOUS INCOME 161 . 00 NO. OF RECEIPTS (8) TOTAL REVENUE $ 2 , 801. 00 TOTAL NO. OF RECEIPTS ( 14) Va- -/ CITY OF SOUTHLAKE PARKS AND RECREATION MONTHLY REPORT JUNE 1992 92 91 CALENDAR YEAR CALENDAR YEAR * JAN-DEC JAN-DEC OCT-SEPT OCT-SEPT THIS SECURITY LAST THIS YEAR LAST YEAR THIS YEAR LAST YEAR MONTH DEPOSIT MONTH TO DATE TO DATE FY91-92 FY90-91 LODGE REGISTRATION .00 .00 .00 RENTAL 70.00 200.00 95.00 175.00 .00 .00 45.00 245.00 110.00 275.00 130.00 BALLFIELDS LIGHTS BALLFIELD #1 .00 .00 .00 .00 BALLFIELD #2 50.00 100.00 40.00 BALLFIELD #3 TOTAL .00 *250.00 45.00 360.00 360.00 470.00 345.00 #TO BE REFUNDED. 4b-1 City of Southlake,Texas MEMORANDUM September 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Street Department Monthly Report - August, 1992. The enclosed report details the Street Department activities for the month of August, 1992 . This report is to be included in the City Council packets for their September 15, 1992 meeting. /40 MHB/ck i/'_ • 1 City of Southlake,Texas MEMORANDUM September 10, 1992 TO: Michael H. Barnes, Director of Public Works FROM: Brad Payton, Street Superintendent SUBJECT: Monthly Report for Street Department August, 1992. Description August July 1. . Tons of asphalt used a. Ultimate Petroleum Mix 0 0 b. Hot Mix Asphalt 0 0 c. Cold Mix Asphalt 250 100 2 . Lane Miles of Road Repaired 95 75 3 . Number of Street Signs Repaired or Replaced (all types) 25 33 4 . Feet of Ditch Line Cleaned and shaped 150 500 5 . Number of Vehicles Repaired 2 2 a. Rebuilt hoist cylinder on one dump truck. b. Rebuilt transmission spliter on Gradall. 6 . Row mowed in miles of streets . 75 65 7 . Assisting flagging County on N. Peytonville. 400 Man Hours BP/cbk City of Southlake,Texas MEMORANDUM September 10, 1992 TO: Curtis E. Hawk, City Manager . FROM: Michael H. Barnes, Director of Public Works. SUBJECT: Water Department Monthly Report - August, 1992. fI The enclosed report details the Water Department activities for the month of August, 1992 . This- report is •to' 'bey •included in the City Council packets- for their September 15, 1992 meeting. /1/4/1 MHB/ck 1 . i lid""/ UTILITY DEPARTMENT REPORT MONTH August 1992 JULY AUGUST GALLONS PUMPED FROM WELLS 0 0 PURCHASED FROM FORT WORTH 64,293,000 58,358,000 TOTAL PUMPED AND PURCHASED 64 293,000 58,358,000 WATER METERS SET 55 44 NEW WATER TAPS MADE 2 3 VALVES REPAIRED 2 2 VALVES TESTED 23 8 FIRE HYDRANTS INSTALLED 1 0 FIRE HYDRANTS REPAIRED 0 0 FIRE HYDRANTS' FLUSHED 15 10 DEAD END WATER MAINS FLUSHED 32 35 WATER MAINS REPAIRED 2 4 WATER METERS AND SERVICE LINE REPAIRED 4 2 NEW ACCOUNTS 44 60 ' FINAL ACCOUNTS 48 60 LOCKED METER FOR DELINQUENT PAYMENT 12 4 PULLED METERS 5 1 METERS REPLACED 6 3 MISCELANEOUS WORK ORDERS 77 86 SEWER LIFT STATIONS CHECKED (3 L. S . ) 69 63 REQUIRED MONTHLY SEWAGE TESTS 12 8 SEWER PLANT MAINTENANCE (BANK & DOVE) 46 42 SEWER MANHOLES INSPECTED ' 6 8 MISCELLANEOUS PROJECTS 1 0 Sewer Plant Operator spent 53 man hours assisting construction inspector on new water and sewer installation. - WATER SUPERINTENDENT DIRECTOR OF PUBLIC WORKS 4ida MONTHLY REP O RT i SEND REPORT TO: TEXAS DEPARTMENT OF HEALTH DIVISION OF WATER HYGIENE WATER WORKS OPERATION FOR 1100 WEST 49th STREET' GROUND WATER SUPPLIES AUSTIN. TEXAS 78756-3192 . Marne of System CITY OF SOUTHLAIE County TARRANT (Ia) Water System I.D. No. 2200075 Month of AUGUST 19 47 Day Pumpage to Distribution System in Thousand Gals. (6) r (7) (8) (9) of (2) Direct (3) From Gnd. (4)Purchased (5)Total Disinfection Corrosion . Other Fluoride Month from Wells Storage from Others Pumpage Control Treatment . Residuals I 0 0 1,765.0 1,765.0 , 2 0 0 929.0 929.0 3 0 0 1,180.0 1,180.0 4 0 0 2,013.0 2 .013.0 5 0 0 1,433.0 , 1,433.0 6 0 0 2,232.0 2,232.0 , 7 n n 7 477 _n 7 427 n _ 8 0 0 2 .182.0 2 .182.0 9 0 0 2 ,496.0 2,496.0 �.... ,,..; IO 0 0 2,896.0 ; 2.896.0 11 0 0 ^ 1.9 91.0 , 1 .92 1.0 , . 12 0 0 , 1 .294.0 _ 1 .294.V _ 13 0 0 1,895.0 1,895.0 14 0 0 1 .379.0 1,379.0 , 15 0 0 1,887.0 1,887.0 • _ 16 0 0 2 ,075.0 2 .075.0 _ 17 0 0 2,339.0 _ 2,339.0 18 0 0 1,091.0 1.091.0 19 n 0 863.0 863.0 20 0 0 1 ,218.0 1,218.0 . 21 0 0 1,968.0 _ 1,968.0 22 0 0 1 .927.0 1.927.0 23 0 0 2 ,209.0 2 ,209.0 _ , 24 0 0 1 .586.0 1,586.0 f 25 0 0 2 .016.0 , 2 .016.0 8 - SAMP FS NE( ATT /j , 26 0 0 1 .732.0 1,732.0 27 0 0 1,788.0 1,788.0 28 0 0 2,492.0 ' 2,492.0 Z9 0 0 2 ,743.0 2 ,743.0 30 n n ? _'4S.n 2 .741 .0 31 0 0 _ 2 .072 .0 2 ,072 .0 . Total Q 0 , S8 .358.0 58.358.0 _ Ave. 0 0 1.S82.5: 1,882.52 Mex. 0, 0 I 2 .896.0 2 ,896.0 Min. 0 I 0 I 863.0 863.0 No.of Active Water Services(10) 2'.645• ChemicalAnalysis(11) 11"-8':3 Dates and Results of Distribution Bacteriological Analyses(I2) 8 SAMPT FS - Negative , Dates and Results of Raw Unchlorinated Well Water Samples(13) \CWF Reservoirs or Tanks Cleaned(14) 8-8 7 Dead Ends Flushed(15) . 35 ' General Remarks(16) Submitted By(17) 1 i L' X•' i' • =-''N Certificate No.(18) 450-31-2196 FORM.NCL. -3 Arts d by the 15th of the following month. 5/88 AUGUST 31, 1992 CITY OF SOUTHLAKE PERMIT MONTHLY REPORT REPORT FOR AUGUST 1992 NUMBER OF THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR PERMITS ISSUED MONTH MONTH LAST YEAR TO DATE TO DATE FISCAL FISCAL AUG92 JLY92 AUG. 1991 1-8 1992 1-8 1991 10/91-08/92 10/91-08/91 BUILDING: Res-Single Family 42 48 19 241 123 293 169 Alteration/Addn. 2 2 3 14 27 17 32 Accessory Bldg 1 2 2 16 16 25 22 Commercial-New 0 4 - 0 10 3 10 3 Commercial-Alt/Addn. 1 2 5 10 17 20 26 Foundation Only 0 0 0 0 2 0 2 Swimming Pool 9 13 13 79 70 93 75 SUB-CONTRACTORS: Electrical 71 96 46 477 291 581 380 Plumbing 54 68 41 367 275 474 343 Heat/Air 43 54 27 276 187 346 249 Culvert 1 1 1 10 7 12 11 Demolition 0 0 0 1 4 1 5 CERT. OF OCCUPANCY: Residential 23 30 29 214 134 305 171 COMMERCIAL 1 5 5 39 29 49 43 OTHER: Misc .Building 20 20 31 136 145 170 203 SIGNS 7 6 13 59 60 77 68 SCHOOLS 0 1 0 2 3 2 5 TENNIS COURTS 2 0 0 3 0 3 0 FENCE 2 0 2 6 8 11 14 TOTALS 279 352 237 1960 1401 2489 1821 4E1 • CITY OUTHLAKE • PERMIT HLY REPORT REPORT FOR AUGUST 1992 AUGUST 31, 1992 FEES COLLECTED FOR THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR PERMITS ISSUED MONTH MONTH LAST YEAR TO DATE TO DATE FISCAL FISCAL AUG92 JLY92 AUG. 1991 1-8 1992 1-8 1991 10/91-08/92 10/90/08/91 BUILDING: Res-Single Family 52,969.00 61,457.00 24,455.16 304,297.00 147,138.15 335,872.63 198,052.00 Alteration/Addn. 471.00 135.00 1,310.00 3,023.00 7,078.80 2,851.00 7,653.35 Accessory Bldg. 30.00 368.00 159.60 3,253.00 1,895.68 4,144.00 3,084.78 Commercial-New .00 10,576.00 .00 22,451.00 8,369.00 22,451.00 8,369.00 Commercial-Alt/Addn. .00 238.00 3,559.00 2,472.00 8,432.00 5,768.00 11,556.88 Foundation Only .00 .00 .00 .00 819.68 .00 819.68 Swimming Pool 2,155.00 3,066.00 3,098.00 18,891.00 15,981.72 21,842.40 17,188.90 SUB-CONTRACTORS: Electrical 8,439.92 10,607.12 4,661.59 50,963.24 28,443.96 61,334.66 37,543.91 Plumbing 7,180.50 8,975.25 3,546.25 43,535.26 23,885.55 52,869.01 31,200.02 Heat/Air 3,889.00 4,530.50 2,064.80 22,870.50 11,909.50 28,385.75 16,885.20 Culvert 80.00 65.00 65.00 665.00 1,979.00 795.00 2,239.00 Demolition .00 .'00 .00 15.00 30.00 15.00 45.00 CERT. OF OCCUPANCY: Residential .00 .00 .00 .00 .00 .00 .00 Commercial 30.00 150.00 120.00 990.00 790.00 1,290.00 1,210.00 OTHER: Misc.Building 504.00 486.00 819.00 3,390.00 3,787.80 4,290.00 5,357.80 SIGNS 350.00 350.00 510.00 3,336.00 2,571.50 4,275.00 2,936.50 SCHOOLS .00 .00 .00 .00 4,595.00 .00 2,615.00 TENNIS COURT 910.00 .00 .00 1,217.00 .00 1,217.00 .00 FENCE 2,830.00 .00 298.00 3,904.00 981.49 5,267.20 10,147.52 TOTALS 79,838.42 101,003.87 44,666.40 484,273.00 268,688.83 552,667.65 356,904.54 4E2 CITY OF SOUTHLARE PERMIT MONTHLY REPORT REPORT FOR AUGUST 1992 AUGUST 31, 1992 THIS LAST SAME MONTH THIS YEAR LAST YEAR THIS YEAR LAST YEAR BUILDING VALUATION MONTH MONTH LAST YEAR TO DATE TO DATE TOTAL FISCAL TOTAL FISCAL FOR PERMITS ISSUED AUG92 JLY92 AUG. 91 1-8 1992 1-8 1991 10/91-08/92 10/90-08/91 BUILDING: Res-Single Family 9,119,848.00 10,649,200.00 4,224,400.00 51,070,448.00 24,809,476.00 61,562,750.00 33,210,450.00 Alteration/Addn. 225,100.00 6,200.00 123,254.0G 345,350.00 689,157.00 421,350.00 727,105.00 Accessory Bldg. 1,000.00 28,000.00 8,900.00 275,400.00 147,750.00 339,800.00 244,505.00 Commercial-New .00 1,796,100.00 .00 3,262,300.00 1,258,350.00 3,262,300.00 1,258,350.00 Commercial-Alt/Addn. 22,500.00 10,000.00 437,376.00 326,300.00 721,076.00 591,100.00 1,028,576.00 Foundation Only .00 .00 .00 .00 62,700.00 .00 62,700.00 Swimming Pool 172,500.00 237,600.00 223,820.00 1,456,500.00 1,261,500.00 1,686,000.00 1,358,275.00 SCHOOLS .00 45,000.00 .00 745,000.00 12,389,500.00 745,000.00 13,250,500.00 TENNIS COURTS 112,000.00 .00 .00 137,500.00 .00 137,500.00 .00 FENCE 403,200.00 .00 15,680.00 489,800.00 57,767.00 631,700.00 184,767.00 TOTALS 10,056,148.00 12,772,100.00 5,033,430.00 58,109,598.00 41,397,276.00 . 69,377,500.00 51,325,228.00 TOTAL INSPECTIONS: 1031 736 621 5896 3828 6000 3519 BUILDING INSPECTIONS: Building 318 302 174 Electrical 267 275 168 Plumbing 268 303 170 Mechanical 143 147 88 TOTAL BLDG. INSP. 996 724 600 CODE ENFORCEMENT: Investigations 35- 12 21 4 E 3 S OUTHLAKE DEPARTMENT.. OF PUBLIC SAFETY MONTHLY WARRANT D I VI S I ON REPORT AUGUST 1992 MUNICIPAL WARRANTS CURRENT MONTH PAST MONTH YTD WARRANTS ON HAND Beginning Count 41.7 443 N/A Received 24 0. 57.0.. Served 17 21 369 Purged 53 5 139 Ending Count 371 417 N/A FINES COLLECTED By Warrant Officer $1,270 $1,025 $41,169 By Other Agency $2, 044 $1,596 $20,499 Total $3,314 $2, 621 $61, 668 WARRANTS SERVED By Warrant Officer 9 11 249 By Other Agency 8 10 120 Total 17 21 369 INVESTIGATION DIVISION MONTHLY REPORT August 1992 NEW CASES ASSIGNED _35 CURRENT ACTIVE CASES _122_ CASES CLEARED: UNFOUNDED 1 INACTIVATED/SUSPENDED _22_ EXCEPTIONALLY.. CLEARED _8_ BY ARREST/CITATION _2_ WARRANT ACTIVITY: SEARCH WARRANTS OBTAINED 0 SEARCH WARRANTS SERVED 0 ARREST WARRANTS OBTAINED 2 ARREST WARRANTS SERVED _1_ GENERAL ACTIVITY: MEETINGS ATTENDED 6 SURVEILLANCE TIME (approx) _0 PUBLIC SPEECHES/PRESENTATIONS 0 CRIME SCENES WORKED 4 SEIZURES FILED 0 VALUE $ 0 SCHOOL/TRAINING SESSIONS 0 II- 3 SPECIAL SERVICES DIVISION MONTHLY REPORT August 1992 I DARE Number of Days spent in schools . 0_ Number of 5th grade classes . 0 Number of K-4 visitations . 0 Number of Middle school classes . 0 Number of High school classes . 0 Total students taught . 0 Admin. Time. (hours ) 30 Crime Prevention Number of security surveys 5 Number of crime prevention presentations 1 Misc. Activities . Outside meetings g Tours 1 Training (Hrs . ) 12 Training Days (As Instructor ) 03 Vacation (Hrs . ) 24 SQ JTHLAKE 40EA?T/`9E7\/T QE F'UBL IC SAFETY PION THL Y Fc'EF'Q c'T- A[JGCJS T l 992 A OPIINI STi'A TI VE GOOF'O INA. TOFF LICY'S IN DEVELOPMENT POLICIES APPROVED 1 •PURSUIT 41 . 2.8 I .M.D. T. 2. INFECTION CONTROL 75. 1 . 1, 2. CANINE 3. TRAFFIC LAW ENFORCEMENT 62 3 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. OUT—SIDE T/?A INING NAME COURSE DATE(S) BUDDY SANDERS POLICE FITNESS INSTRUCTOR 08/31/92 09/O4/92 KEVEN SESSIONS INTERMEDIATE SEARCH & SEIZURE 08/25/92 - 08/27/92 - } I/V—HOUSE T/?A I/VI/VG DATE COURSE INSTRUCTOR 08/1 1/92 CHILD ABUSE CAROL YN PUTMAN 08/12/92 CHILD ABUSE CAROL YN PUTMAN 08/03/92 FIRE SVC. EQUIPMENT FIRE LT. 08/10/92 FIRE SVC. EQUIPMENT FIRE LT. 08/17/92 FIRE SVC. EQUIPMENT FIRE LT. TOTAL NUMBER OF PERSONNEL ATTENDING IN-HOUSE TRAINING: 4 POL ICE 0 POLICE RESERVES 2 FIRE 14 FIRE RESERVES 0 COMMUNI CA TORS OTHER ACTIVITIES: A. FIRE PREVENTION COURSE AT CHRIST OUR KING CHURCH ON 08/05/92 BY FIRE SVC. B. HAD A CPR COMMITTEE MEETING ON 08/14/92. C. UNDERTOOK THE RESPONSIBLITIES FOR SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES DIVISION'. , MONTHLY REPORT - August, 1992 FIRE CALLS: AVERAGE TIME ON CALL Structure-(residential) 2 1 Hrs 02 Min Structure-(commercial) 0 TOTAL $ LOSS (Fire) Structure-(other bldg) 0 $ 11,600 Vehicle-(car,boat,etc. ) 2 Grass/Trash 4 CALLS BY TIME OF DAY Total Fire Calls 8 0700-1200 12 19 .7% 1200-1900 31 50. 8% OTHER CALLS: 1900-2400 12 19 .7% Haz-Mat Incident 10 2400-0700 6 9 .8% Bomb Threat/Call 0 Other Emergency 9 PLAN REVIEWS: Other Non-Emergency 15 Comm./Indust. 6 Total Other Calls 34 Residential 0 Subdivision 0 EMERGENCY MEDICAL SERVICE: C/O Issued 5 Total EMS Calls 19 OTHER ACTIVITY TOTAL CALLS FOR SERVICE (Dispatched / Tone Outs) 61 Burn Permits 97 Public Educ. PATIENTS TREATED: Classes 6 Total Patients Treated 27 Grass/Weed Complaints 33 Medical Only 12 Pre-fire Plans Injury Only; 15 Reviewed°".: 0 Both Med/Inj 1 MVA Patients 9 MVA with Seatbelt 9 OFFICIAL MUNICIPAL COURT MONTHLY REPORT 08/01/92 TO 08/31/92 TRAFFIC NON TRAFFIC Non State City Parking Parking Law Ordinance Total 1. NUMBER OF CASES FILED: 448 2 13 2 465 2. DISPOSITIONS PRIOR TO TRIAL: A. Deposit Forfeitures 12 0 1 0 13 B. Payments of Fine 135 3 3 2 143 C. Cases Dismissed 116 0 0 0 116 3. DISPOSITIONS AT TRIAL: A. Trial by Judge (1) Finding of Guilty 2 0 0 0 2 (2) Finding of Not Guilty 0 0 0 0 0 B. Trial by Jury (1) Finding of Guilty 0 0 0 0 0 (2) Finding of Not Guilty 0 0 0 0 0 C. Dismissed at Trial 15 0 0 0 15 4. CASES DISMISSED: A. After Defensive Driving 25 0 0 0 25 B. After Deferred Adjudication 0 0 0 0 0 C. After Proof of Insurance 41 0 0 0 41 5. CASES APPEALED 0 0 0 0 0 TOTAL REVENUE COLLECTED: CITY $ 7589.13 STATE 2300.00 TOTAL 10,389.13 — / J COMPLAINTS REPORT AUGUST 1992 DEPARTMENT THIS LAST # CLOSED # CLOSED YTD* YTD* YTD* MONTH MONTH THIS MO. LAST MO. RCVD. CLOSED OPEN AUG92 JUL92 AUG92. JUL92 1992. 1992 1992 Streets & 33 66 25 30 325 203 122 Drainage Code 35 12 30 4 214 152 62 Enforcement Water & 0 0 0 0 3 3 0 Wastewater * YTD totals for 1992 Calendar Year CITY OF SOUTHLAKE - General Fund and Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balance for the period ended August 31, 1992 with Comparative Actual amounts for the period-ended August 31, 1991 Revised To Date Percent To Date Actual Percent 1991-92 Actual Collected/ Actual Total Collected/ REVENUES Budget 8/31/92 Expended 8/31/91 9/30/91 Expended Ad Valorem Taxes $2,779,685 $2,708,789 97.4% $2,396,988 S2,437,704 98.3% Sales Tax 490,000 418,564 85.4% 375,194 448,149 83.7% Franchise Fees 275,225 279,619 101.6% 255,643 255,643 100.0% Fines 226,500 191,374 84.5% 208,030 233,650 89.0% Charges for Services 37,500 45,919 122.5% 18,637 36,980 50.4% Permits/Fees 626,800 711,466 113.5% 505,372 557,685 90.6% Miscellaneous 20,640 22,232 107.7% 28,891 35,392 81.6% Transfer In-Other Funds 188,896 29,451 15.6% 84,335 159,446 52.9% Interest Income 62,600 62,901 100.5% 52,500 76,877 68.3% Total Revenues $4,707,846 $4,470,315 95.0% $3,925,590 $4,241,526 92.6% EXPENDITURES_ City Secretary $119,581 $109,071 91.2% $119,432 $131,102 91.1% City Manager 128,077 117,153 91.5% 124,573 136,854 91.0% Support Services 423,350 356,789 84.3% 503,321 538,946 93.4% Finance 199,582 176,170 88.3% 160,440 170,568 94.1% Municipal Court 153,077 130,770 85.4% 111,534 119,320 93.5% Fire 556,784 400,396 71.9% 465,329 487,106 95.5% Police 841,959 730,775 86.8% 769,815 813,599 94.6% Public Safety Support 320,635 306,057 95.5% 226,640 257,723 87.9% Building 138,427 111,392 80.5% 91,382 97,133 94.1% Planning and Zoning 141,669 126,566 89.3% 131,767 148,184 88.9% Streets/Drainage 612,004 442,154 72.2% 510,703 649,128 78.7% Parks 89,560 63,135 70.5% 76,179 110,146 69.2% Public Works Administration 61,800 61,671 99.8% 77,950 75,179 103.7% Debt Service-General Obligation Bonds 771,185 696,207 90.3% 426,702 493,444 86.5% Note Payable 0 0 0.0% 0 0 0.0% Total Expenditures $4,557,690 $3,828,306 84.0% $3,795,767 S4,228,432 89.8% Excess (deficiency)of Revenue over Expenditures $150,156 $642,009 $129,823 $13,094 OTHER FINANCING SOURCES AND (USES) Reserve-Infrastructure SO $0 ($370,000) ($376,288) Transfer to other fund (796) 0 0 0 C.O.Proceeds 0 0 0 200,000 Excess (deficiency)of Revenues and other sources over Expenditures $149.360 $642,009 ($240,177) (S163.194) FUND BALANCE OCT 1 $988,224 $988,224 $1,151,418 $1,151,418 ENDING FUND BALANCE $1,137,584 $1.630,233 $911241 $988.224 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 REVENUE REPORT PERIOD ENDING 8/31/92 PAGE 1 FISCAL MONTH 11 91.67% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 100 TAXES - 110.00 AD VALOREM/CURRENT 15,876.20 1,769,482.25 98 1,800,000 30,517.75 111.00 AD VALOREM/DELINQUENT 132,873.63 95 140,000 7,126.37 112.00 PENALTY & INTEREST 39,690.70 57 70,000 30,309.30 115.00 SALES TAX 51,357.32 418,564.29 85 490,000 71,435.71 121.00 FRANCHISE-GAS 45,966.03 100 46,000 33.97 122.00 FRANCHISE-TELEPHONE 9,936.65 34,518.23 115 30,000 4,518.23- 123.00 FRANCHISE-ELECTRIC 189,909.61 100 190,000 90.39 124.00 FRANCHISE-BANK 125.00 FRANCHISE-CABLE 9,224.66 100 9,225 .34 100 TAXES 77,170.17 2,640,229.40 95 2,775,225 134,995.60 200 FINES 210.00 FINES & FORFEITURES 10,960.25 190,231.25 85 225,000 34,768.75 215.00 TEEN COURT REVENUES 88.00 1,143.00 76 1,500 357.00 200 FINES 11,048.25 191,374.25 84 226,500 35,125.75 300 CHARGES FOR SERVICES 301.00 AMBULANCE 320.12 11,011.93 73 15,000 3,988.07 302.00 DISPATCHING 1,000 1,000.00 303.00 MUTUAL AID 304.00 CONCESSIONS 305.00 SPECIAL SERVICES PROGRAM 5,683.34 29,906.70 181 16,500 13,406.70- 350.00 FIRE DEPT INCOME 5,000.00 100 5,000 300 CHARGES FOR SERVICES 6,003.46 45,918.63 122 37,500 8,418.63- 400 PERMITS & FEES 410.00 PERMITS-RES NEW SINGLE FAM 51,731.00 359,638.43 111 325,000 34,638.43- 410.01 PERMITS-BLDG RES-ALT/ADDN 501.00 3,683.40 3,683.40- 410.02 PERMITS-BLDG RES-ACS BLDGS 3,507.00 3,507.00- 410.03 PERMITS-BLDG COMMRCL NEW 19,663.00 19,663.00- 410.04 PERMITS-BLDG COMMERCIAL 6,006.00 6,006.00- 411.00 PERMITS-PLUMBING 6,989.25 55,109.82 110 50,000 5,109.82- 412.00 PERMITS-ELECTRICAL 7,840.72 59,605.20 108 55,000 4,605.20- 413.00 PERMITS-HEAT & AIR 3,807.00 27,955.55 112 25,000 2,955.55- 414.00 PERMITS-SPRINKLER 504.00 3,840.00 96 4,000 160.00 414.01 PERMITS-WATER WELL 198.00 198.00- 415.00 PERMITS-SITE PLAN 560.00 56 1,000 440.00 416.00 PERMITS-CULVERT 65.00 780.00 111 700 80.00- 416.01 PERMITS-APPROACH 15.00 15.00 15.00- 417.00 PERMITS-POOL 1,923.00 20,511.40 103 20,000 511.40- 418.00 PERMITS-SIGN 500.00 4,713.00 118 4,000 713.00- 419.00 PERMITS-HOUSE MOVING - 419.01 PERMITS-DEMOLITION 420.00 PERMITS-SOLICITORS 70.00 70 100 30.00 421.00 PERMITS-ALCOHOLIC USE 422.00 PERMITS & FEES-MISC. 3,945.00 9,028.60 75 12,000 2,971.40 423.00 FEES-ZONING 2,081.00 10,272.15 114 9,000 1,272.15- 424.00 FEES-PLATTING 570.00 24,360.00 97 25,000 640.00 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 REVENUE REPORT PERIOD ENDING 8/31/92 PAGE 2 FISCAL MONTH 11 91.67% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 425.00 FEES-BOARD OF ADJ 150.00 1,000.00 63 1,600 600.00 426.00 FEES-ZONING SPECIAL EXCEPT 100 100.00 427.00 FEES-STREET LIGHTS 2,374.52 4,112.99 228 1,800 2,312.99- 429.00 FEES-INSPECTION 2,271.75 96,077.94 104 92,000 4,077.94- 430.00 FEES-SPECIAL USE ZONING 600.00 120 500 100.00- 431.00 FEES-BUILDING 159.00 159.00- 400 PERMITS & FEES 85,268.24 711,466.48 114 626,800 84,666.48- 500 MISCELLANEOUS 502.00 PERIMETER RD FEE 1,657.00 1,657.00 1,657.00- 510.00 MIS-INCOME 7.62 6,549.27 109 6,000 549.27- 511.00 MIS-VITAL STATISTICS 120 120.00 512.00 MIS-INSPECTION FEES 60.00 60.00- 513.00 MIS-RETURNED CHECK CHG 15.00 105.20 88 120 14.80 515.00 MIS-FEMA FUNDS 196.00 196.00- 516.00 MIS-STREET LIGHTS 517.00 MIS-ZONING 25.00 25.00- 518.00 MIS-BUILDING 48.00 96.00 96.00- 519.00 MIS-POLICE DEPARTMENT 143.00 1,440.00 96 1,500 60.00 520.00 MIS-SALE OF FIXED ASSETS 6,503.55 100 6,500 3.55- 530.00 MIS-TOWER LEASE 800.00 5,600.00 88 6,400 800.00 500 MISCELLANEOUS 2,670.62 22,232.02 108 20,640 1,592.02- 700 OTHER REVENUES 712.00 DISCOUNTS 713.00 OPERATING TRANSFER IN 29,451.39 16 188,896 159,444.61 714.00 DONATIONS 715.00 AUCTION PROCEEDS 726.00 LOAN PROCEEDS 700 OTHER REVENUES 29,451.39 16 188,896 159,444.61 900 INTEREST 910.00 INTEREST EARNED 4,301.39 - 52,453.57 105 50,000 2,453.57- 900 INTEREST 4,301.39 52,453.57 105 50,000 2,453.57- 000 * NON DEPARTMENTALIZED 186,462.13 3,693,125.74 94 3,925,561 232,435.26 TOTAL GENERAL FUND 186,462.13 3,693,125.74 94 3,925,561 232,435.26 FUND 400 GO BOND'DEBT SERVICE CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 REVENUE REPORT PERIOD ENDING 8/31/92 PAGE 9 FISCAL MONTH 11 91.67% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 100 TAXES 110.00 AD VALOREM/CURRENT 747,336.54 97 769,685 22,348.46 111.00 AD VALOREM/DELINQUENT 19,405.54 19,405.54- 100 TAXES 766,742.08 100 769,685 2,942.92 800 NON-OPERATING REVENUE 804.00 AD VALOREM - TRANSFER IN 800 NON-OPERATING REVENUE 900 INTEREST 910.00 INTEREST EARNED 524.71 10,446.95 83 12,600 2,153.05 900 INTEREST 524.71 10,446.95 83 12,600 2,153.05 000 * NON DEPARTMENTALIZED 524.71 777,189.03 99 782,285 5,095.97 TOTAL GO BOND DEBT SERVICE 524.71 777,189.03 99 782,285 5,095.97 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 8/31/92 PAGE 1 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 300 LEASE OBLIGATIONS .00 .00 .00 0 0 .00 500 OTHER EXPENSES .00 .00 .00 0 0 .00 700 MAINTENANCE .00 .00 .00 0 0 .00 DEPT 000 TOTAL ******** .00 .00 .00 0 0 .00 NON DEPARTMENTALIZED 100 PERSONNEL SERVICES 4,363.56 47,411.52 .00 90 52,755 5,343.48 200 CONTRACTUAL SERVICES 3,666.66 25,620.81 2,637.00 95 27,000 1,257.81- 300 LEASE OBLIGATIONS 26.00 334.00 .00 73 456 122.00 400 SUPPLIES 866.15 10,209.80 12.00 82 12,500 2,278.20 500 OTHER EXPENSES 2,663.21 6,900.27 89.14 125 5,500 1,489.41- 600 ADMINSTRATIVE EXPENDITURES 2,454.62 8,094.28 164.95 116 7,000 1,259.23- 700 MAINTENANCE .00 360.00 .00 100 360 .00 800 " PROFESSIONAL CONSIDERATION 126.19 10,140.26 2,704.39 72 14,010 1,165.35 900 CAPITAL OUTLAY .00 .00 .00 0 0 .00 DEPT 100 TOTAL ******** 14,166.39 109,070.94 5,607.48 91 119,581 4,902.58 CITY SEC/MAYOR/COUNCIL 100 PERSONNEL SERVICES 9,272.06 102,050.18 .00 93 109,681 7,630.82 200 CONTRACTUAL SERVICES .00 150.00 .00 13 1,150 1,000.00 300 LEASE OBLIGATIONS 13.00 143.00 .00 92 156 13.00 400 SUPPLIES 26.07 1,613.75 24.20 81 2,000 362.05 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES 270.22 2,094.99 .00 95 2,200 105.01 700 MAINTENANCE 28.33 270.56 .00 45 600 329.44 800 PROFESSIONAL CONSIDERATION 386.55 4,882.44 499.09 100 4,890 491.53- 900 CAPITAL OUTLAY .00 5,948.22 828.00 - 80 7,400 623.78 DEPT 103 TOTAL ******** 9,996.23 117,153.14 1,351.29 91 128,077 9,572.57 CITY MANAGER'S OFFICE 200 CONTRACTUAL SERVICES 750.00 114,330.73 .00 74 154,000 39,669.27 300 LEASE OBLIGATIONS 2,787.93 27,584.02 1,098.10 96 28,860 177.88 400 SUPPLIES • 57.57 1,572.31 34.87 45 3,500 1,892.82 500 OTHER EXPENSES 7,499.82 78,610.23 5,229.72 82 96,000 12,160.05 600 ADMINSTRATIVE EXPENDITURES 875.00 91,394.98 .00 95 95,800 4,405.02 700 MAINTENANCE 2,719.91 33,242.16 2,656.42 94 35,500 398.58- 900 CAPITAL OUTLAY 397.00 10,054.14 .00 104 9,690 364.14- DEPT 105 TOTAL ******** 15,087.23 356,788.57 9,019.11 84 423,350 57,542.32 SUPPORT SERVICES 100 PERSONNEL SERVICES 10,060.67 108,948.39 .00 91 119,182 10,233.61 200 CONTRACTUAL SERVICES 2,136.02 54,347.83 .00 87 62,150 7,802.17 400 SUPPLIES 666.81 5,192.73 219.14 63 8,300 2,888.13 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES 81.11 2,200.41 .00 52 4,200 1,999.59 700 MAINTENANCE .00 469.50 .00 313 150 319.50- FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 8/31/92 PAGE 2 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 800 PROFESSIONAL CONSIDERATION 300.55 4,932.16 362.30 89 5,520 225.54 900 CAPITAL OUTLAY .00 79.00 .00 99 80 1.00 DEPT 106 TOTAL ******** 13,245.16 176,170.02 581.44 88 199,582 22,830.54 FINANCE 100 PERSONNEL SERVICES 6,243.94 74,429.53 .00 91 82,200 7,770.47 200 CONTRACTUAL SERVICES 2,100.00 35,727.50 .00 85 42,250 6,522.50 400 SUPPLIES 38.06 1,747.83 24.20 50 3,500 1,727.97 500 OTHER EXPENSES .00 .00 .00 0 0 .00 600 ADMINSTRATIVE EXPENDITURES 18.25 2,023.90 .00 38 5,300 3,276.10 700 MAINTENANCE .00 240.36 .00 8 3,100 2,859.64 800 PROFESSIONAL CONSIDERATION 199.60 2,070.50 .00 94 2,202 131.50 900 CAPITAL OUTLAY .00 14,529.97 .00 100 14,525 4.97- DEPT 107 TOTAL ******** 8,599.85 130,769.59 24.20 85 153,077 22,283.21 COURT 100 PERSONNEL SERVICES 28,920.87 330,676.78 .00 86 383,250 52,573.22 200 CONTRACTUAL SERVICES 740.00 1,965.00 .00 60 3,300 1,335.00 300 LEASE OBLIGATIONS 78.00 858.00 .00 85 1,012 154.00 400 SUPPLIES 1,369.07 10,947.68 149.05 77 14,230 3,133.27 500 OTHER EXPENSES 302.80 898.80 21.79 90 1,000 79.41 600 ADMINSTRATIVE EXPENDITURES 65.95 563.75 .00 70 800 236.25 700 MAINTENANCE 2,328.18 24,029.92 164.83 84 28,515 4,320.25 800 PROFESSIONAL CONSIDERATION 855.89 18,830.62 433.30 69 27,200 7,936.08 900 CAPITAL OUTLAY .00 11,625.25 .00 12 97,477 85,851.75 DEPT 131 TOTAL ******** 34,660.76 400,395.80 768.97 " 72 556,784 155,619.23 FIRE SERVICES 100 PERSONNEL SERVICES 42,009.54 561,762.19 40.00 92 607,720 45,917.81 200 CONTRACTUAL SERVICES 1,325.00 13,431.50 1,300.00 75 17,800 3,068.50 300 LEASE OBLIGATIONS 95.00 940.00 .00 75 1,248 308.00 400 SUPPLIES 950.31 12,234.56 803.67 71 17,300 4,261.77 500 OTHER EXPENSES .00 209.47 .00 52 400 190.53 600 ADMINSTRATIVE EXPENDITURES 46.26 1,609.04 .00 107 1,500 109.04- 700 MAINTENANCE 1,998.85 36,982.01 1,711.74 58 63,291 24,597.25 800 PROFESSIONAL CONSIDERATION 2,076.45 21,680.39 1,263.33 80 27,000 4,056.28 900 CAPITAL OUTLAY 38,924.00 81,926.11 .00 78 105,700 23,773.89 DEPT 132 TOTAL ******** 87,425.41 730,775.27 5,118.74 87 841,959 106,064.99 POLICE SERVICES 100 PERSONNEL SERVICES 22,892.98 259,516.35 .00 96 270,085 10,568.65 200 CONTRACTUAL SERVICES .00 1,826.00 300.00 91 2,000 126.00- 300 LEASE OBLIGATIONS 367.24 4,069.64 .00 86 4,718 648.36 400 SUPPLIES 287.62 1,997.87 12.00 61 3,300 1,290.13 500 OTHER EXPENSES .00 949.10 .00 100 950 .90 600 ADMINSTRATIVE EXPENDITURES 153.99 1,712.51 .00 82 2,100 387.49 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT , PERIOD ENDING 8/31/92 PAGE 3 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 700 MAINTENANCE .00 18,865.03 1,137.00 105 18,000 2,002.03- 800 PROFESSIONAL CONSIDERATION 326.11 3,339.00 .00 61 5,482 2,143.00 900 CAPITAL OUTLAY 300.00 13,781.00 .00 98 14,000 219.00 DEPT 133 TOTAL ******** 24,327.94 306,056.50 1,449.00 95 320,635 13,129.50 PUBLIC SAFETY SUPPORT 100 PERSONNEL SERVICES 8,099.31 86,006.75 .00 80 106,953 20,946.25 200 CONTRACTUAL SERVICES .00 735.00 .00 20 3,600 2,865.00 300 LEASE OBLIGATIONS .00 .00 .00 0 380 380.00 400 SUPPLIES 220.95 2,341.35 24.20 71 3,300 934.45 500 OTHER EXPENSES 195.00 244.87 16.38 245 100 161.25- 600 ADMINSTRATIVE EXPENDITURES 28.13 675.34 .00 56 1,200 524.66 700 MAINTENANCE 86.10 1,485.50 .00 44 3,400 1,914.50 800 PROFESSIONAL CONSIDERATION 531.50 5,576.33 217.30 82 6,830 1,036.37 900 CAPITAL OUTLAY .00 14,326.45 .00 113 12,664 1,662.45- DEPT 142 TOTAL ******** 9,160.99 111,391.59 257.88 80 138,427 26,777.53 BUILDING 100 PERSONNEL SERVICES 7,306.12 80,629.51 .00 95 84,539 3,909.49 200 CONTRACTUAL SERVICES 3,165.00 35,141.51 .00 79 44,550 9,408.49 400 SUPPLIES 44.10 2,152.90 .00 94 2,300 147.10 500 OTHER EXPENSES 614.00 1,869.50 .00 61 3,050 1,180.50 600 ADMINSTRATIVE EXPENDITURES 446.62 4,887.13 76.00 87 5,600 636.87 800 PROFESSIONAL CONSIDERATION 439.20 1,385.22 145.00 85 1,630 99.78 900 CAPITAL OUTLAY .00 499.96 .00 0 0 499.96- DEPT 143 TOTAL ******** 12,015.04 126,565.73 221.00 89 141,669 14,882.27 PLANNING & ZONING 100 PERSONNEL SERVICES 16,909.98 213,301.17 .00 85 249,700 36,398.83 200 CONTRACTUAL SERVICES 12,926.50 55,798.38 .00 110 50,750 5,048.38- 300 LEASE OBLIGATIONS 2,164.80 3,649.15 1,163.30 52 7,000 2,187.55 400 SUPPLIES 26.07 569.02 24.20 134 425 168.22- 500 OTHER EXPENSES 2,127.23 22,440.16 1,848.21 94 23,850 438.37- 700 MAINTENANCE 4,035.72 126,067.71 19,952.97 74 171,500 25,479.32 800 PROFESSIONAL CONSIDERATION .00 2,218.91 217.40 89 2,500 63.69 900 CAPITAL OUTLAY 4,032.41 18,109.02 7,067.79 17 106,279 81,102.19 DEPT 144 TOTAL ******** 42,222.71 442,153.52 30,273.87 72 612,004 139,576.61 STREETS 100 PERSONNEL SERVICES 1,796.40 22,825.94 .00 89 25,565 2,739.06 200 CONTRACTUAL SERVICES .00 .00 .00 0 0 .00 400 SUPPLIES .00 249.12 17.24 6 4,400 4,133.64 500 OTHER EXPENSES 2,049.32 14,695.40 1,047.27 122 12,000 3,742.67- 600 ADMINSTRATIVE EXPENDITURES .00 .00 .00 0 0 .00 700 MAINTENANCE 1,917.41 10,568.35 1,097.22 62 16,950 5,284.43 800 PROFESSIONAL CONSIDERATION .00 151.97 .00 24 645 493.03 FUND 100 GENERAL FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 8/31/92 PAGE 4 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 900 CAPITAL OUTLAY .00 14,644.70 .00 49 30,000 15,355.30 DEPT 145 TOTAL ******** 5,763.13 63,135.48 2,161.73 70 89,560 24,262.79 PARKS AND RECREATION 100 PERSONNEL SERVICES 4,807.73 52,682.47 .00 105 49,990 2,692.47- 200 CONTRACTUAL SERVICES .00 357.00 .00 38 950 593.00 300 LEASE OBLIGATIONS 39.00 746.00 .00 373 200 546.00- 400 SUPPLIES 32.82 630.06 24.20 79 800 145.74 500 OTHER EXPENSES .00 77.79 .00 78 100 22.21 600 ADMINSTRATIVE EXPENDITURES 25.89 426.86 .00 53 800 373.14 700 MAINTENANCE 33.22 1,173.72 .00 107 1,100 73.72- 800 PROFESSIONAL CONSIDERATION 238.55 3,894.60 309.30 63 6,175 1,971.10 900 CAPITAL OUTLAY .00 1,682.35 .00 100 1,685 2.65 DEPT 146 TOTAL ******** 5,177.21 61,670.85 333.50 100 61,800 204.35- PUBLIC WORKS ADMIN FUND 100 TOTAL ******** 281,848.05 3,132,097.00 57,168.21 83 3,786,505 597,239.79 FUND 400 GO BOND DEBT SERVICE CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 8/31/92 PAGE 12 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 500 OTHER EXPENSES 10,599.16 167,198.42 .00 73 227,879 60,680.58 600 ADMINSTRATIVE EXPENDITURES .00 529,008.31 .00 97 543,306 14,297.69 DEPT 000 TOTAL ******** 10,599.16 696,206.73 .00 90 771,185 74,978.27 NON DEPARTMENTALIZED FUND 400 TOTAL ******** 10,599.16 696,206.73 .00 90 771,185 74,978.27 CITY OF SOUTHLAKE Water and Sewer Enterprise Fund Comparative Statement of Revenues and Expenses for the period ended August 31, 1992 and August 31, 1991 Revised To Date Percent To Date Total Percent 1991/92 Actual Collected/ Actual Actual Collected/ REVENUES Budget 8/31/92 expended 8/31/91 9/30/91 expended Water Sales-residential $1,597,650 $1,370,748 85.8% $1,299,910 $1,490,403 87.2% Water Sales-commercial 399,420 275,969 69.1% 299,027 328,942 90.9% Sewer Sales 170,000 167,647 98.6% 85,138 97,953 86.9% Sanitation Sales 231,860 212,657 91.7% 11,977 19,816 60.4% Other utility charges 139,627 197,128 141.2% 134,748 147,218 91.5% Miscellaneous 21,400 8,344 39.0% 58,598 51,556 113.7% Interest Income 24,500 29,198 119.2% 16,724 24,565 68.1% Total Revenues $2,584,457 $2,261,691 87.5% $1,906,122 $2,160,453 88.2% EXPENSES Water $1,393,355 $761,042 54.6% $1,146,909 $1,392,492 82.4% Sewer 712,610 679,628 95.4% 206,933 252,631 81.9% Sanitation 203,225 166,200 81.8% Debt Service- Revenue Bonds 89,423 81,971 91.7% 66,725 80,070 83.3% Transfers-General Fund 159,446 0 0.0% 84,335 159,446 52.9% Total Expenses $2,558,059 $1,688,841 66.0% $1,504,902 $1,884,639 79.9% Net Income/(Loss) $26,398 $572,850 $401,220 $275,814 FUND 200 WATER FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 REVENUE REPORT PERIOD ENDING 8/31/92 PAGE 3 FISCAL MONTH 11 91.67% OBJECT ACCOUNT CURRENT ******YEAR-TO-DATE****** ESTIMATED UNREALIZED DESCRIPTION ACTUAL ACTUAL %BUD REVENUE BALANCE 000 NON DEPARTMENTALIZED 500 MISCELLANEOUS 510.00 MIS-INCOME 30.00 1,089.69 22 5,000 3,910.31 512.00 MIS-INSPECTION FEES 6,676.04 42 15,900 9,223.96 513.00 MIS-RETURNED CHECK CHG 15.00 578.51 116 500 78.51- 500 MISCELLANEOUS 45.00 8,344.24 39 21,400 13,055.76 600 UTILITY CHARGES 611.00 WATER SALES-RESIDENTIAL 189,946.21 1,370,747.74 86 1,597,650 226,902.26 612.00 WATER SALES-COMMERICAL 34,797.12 275,969.03 69 399,420 123,450.97 613.00 WATER TAP 18,120.00 112,090.00 163 68,847 43,243.00- 614.00 BULK WATER 2,991.91 24,734.47 141 17,500 7,234.47- 651.00 SEWER SALES 16,842.84 167,646.89 99 170,000 2,353.11 652.00 SEWER TAP 2,250.00 14,925.00 100 15,000 75.00 670.00 GARBAGE SALES 22,251.06 212,657.44 92 231,860 19,202.56 670.50 RECYCLING RECOVERY 682.00 METER BOX 5,400.00 5,400.00- 691.00 METER TEST 692.00 UNAPPLIED CASH 517.65 2,501.91 2,501.91- 693.00 SERVICE CHARGE 1,515.00 11,640.00 120 9,731 1,909.00- 694.00 LATE CHARGES 2,827.85 24,657.09 93 26,549 1,891.91 695.00 DELINQENT ACCT COLLECTIONS 150.00 150.00 150.00- 696.00 RECONNECT FEE 30.00 1,030.00 52 2,000 970.00 600 UTILITY CHARGES 292,239.64 2,224,149.57 88 2,538,557 314,407.43 800 NON-OPERATING REVENUE 807.00 TRANSFER IN-WW/IMPROVE 800 NON-OPERATING REVENUE 900 INTEREST 910.00 INTEREST EARNED 3,005.59 29,197.68 119 24,500 4,697.68- 900 INTEREST 3,005.59 29,197.68 119 24,500 4,697.68- 000 * NON DEPARTMENTALIZED 295,290.23 2,261,691.49 88 2,584,457 322,765.51 TOTAL WATER FUND 295,290.23 2,261,691.49 88 2,584,457 322,765.51 FUND 200 WATER FUND CITY OF SOUTHLAKE REPORT PRINT DATE- 9/10/92 DEPT/CATEGORY EXPENDITURE REPORT PERIOD ENDING 8/31/92 PAGE 5 FISCAL MONTH 11 91.67% ACCOUNT MTD *********** YEAR-TO-DATE *********** ANNUAL CATEGORY DESCRIPTION ACTUAL ACTUAL ENCUMBERED %BUD APPROPRIATION BALANCE 500 OTHER EXPENSES 7,451.92 81,971.12 .00 33 248,869 166,897.88 DEPT 000 TOTAL ******** 7,451.92 81,971.12 .00 33 248,869 166,897.88 NON DEPARTMENTALIZED 100 PERSONNEL SERVICES 20,250.27 256,826.48 .00 97 265,925 9,098.52 200 CONTRACTUAL SERVICES 4,794.73 31,567.73 .00 90 35,000 3,432.27 300 LEASE OBLIGATIONS 252.00 1,841.69 .00 50 3,675 1,833.31 400 SUPPLIES 743.97 2,811.90 36.22 33 8,600 5,751.88 500 OTHER EXPENSES 76,335.30- 292,481.98 10,108.19 31 952,595 - 650,004.83 600 ADMINSTRATIVE EXPENDITURES 957.61 7,926.16 .00 54 14,800 6,873.84 700 MAINTENANCE 7,536.17 64,198.20 3,885.94 88 72,860 4,775.86 800 PROFESSIONAL CONSIDERATION 200.00 4,285.70 .00 122 3,500 785.70- 900 CAPITAL OUTLAY 1,403.75 99,102.31 5,195.00 272 36,400 67,897.31- DEPT 147 TOTAL ******** 40,196.80- 761,042.15 19,225.35 55 1,393,355 613,087.50 WATER 100 PERSONNEL SERVICES 2,206.37 29,273.33 .00 88 33,180 3,906.67 200 CONTRACTUAL SERVICES 1,330.00 10,860.53 .00 109 10,000 860.53- 300 LEASE OBLIGATIONS .00 .00 .00 0 5,000 5,000.00 •400 SUPPLIES 135.00 1,325.79 444.76 63 2,100 329.45 500 OTHER EXPENSES 783.95 8,629.98 845.37 102 8,500 975.35- 700 MAINTENANCE 28,256.29 547,061.59 2,917.14 96 567,880 17,901.27 800 PROFESSIONAL CONSIDERATION .00 238.09 37.48 25 950 674.43 900 CAPITAL OUTLAY 18,000.00 82,238.89 .00 97 85,000 2,761.11 DEPT 148 TOTAL ******** 50,711.61 679,628.20 4,244.75 95 712,610 28,737.05 SEWER • 200 CONTRACTUAL SERVICES 19,605.01 166,199.67 .00 82 203,225 37,025.33 DEPT 149 TOTAL ******** 19,605.01 166,199.67 .00 82 203,225 37,025.33 SANITATION FUND 200 TOTAL ******** 37,571.74 1,688,841.14 23,470.10 66 2,558,059 845,747.76 CITY OF SOUTHLAKE UTILITY BILLING MONTHLY REPORT AUGUST 31, 1992 THIS LAST YEAR MONTH THIS MONTH ACCOUNTS BILLED: WATER $226,552.19 $217,215.92 SEWER 16,842.84 11,637.52 GARBAGE 22,406.41 16,555.60 SALES TAX 1,618.67 1,203.94 RECYCLE 0.00 4,037.91 OTHER 2,929.94 3,187.29 TOTAL $270,350.05 $253,838.18 NUMBER OF CUSTOMERS: WATER 2,663 2,322 SEWER 577 324 GARBAGE 2,692 2,365 TOTAL ACCOUNTS BILLED 2,908 2,485 CONSUMPTION BILLED (IN 000'S): WATER 53,453 53,486 NEW CUSTOMERS 60 63 AMOUNTS COLLECTED DURING MONTH $245,799.18 $287,912.03 FINAL BILLINGS 60 49 CITY OF SOUTHLAKE SALES TAX REVENUES sir year comparison Revised 1991-92 collected budget balance budget to date balance percent S490,000 $418,564 $71,436 14.58% FISCAL FISCAL FISCAL FISCAL FISCAL .FISCAL YEAR YEAR % Inc YEAR %Inc : YEAR. % Inc ....YEAR.: %Inc .`::YEAR. %Inc MONTH •86/87 87/88 (Dec) 88/89 (Dec) 89/90 (Dec) 90/91 (Dec) 91/92 (Dec) October $25,135 . S35,715 42.1% $27;970 -21.7% $37,776 35.1% $44,081 16.7% '. .46,731 6.0% November >'19;304 22,647 17.3% `.15;428: -31.9% ".'.;24,5.73: 59.3% ;: :`37,1;17;: 51.0% .. .27;929:. -24.8% 0 8.1 0 :::28`464 35.2% ?: `:33 73` 16 9% December I3;7;17:;:.. 16;323: 19.0% ';17;830 9.2% ;;:;21;052;; 1 % .. . .., ,2. :. January `:::22`119: .`:<32 703: 47.9% :4€`264756' -18.2% : <;34463:. 28.8% :?:47196 36 % ',......::::::-.:.,!.....:14QPIZ 0 40- 4 '1 6 78 %0.7 0 ::;: ;. 94: 61.0 0 '<'22 487! 12 1% 0 February ;I.1;800: :::13'.: 11.6% :::: 15;894: 2 % , :<:25,5 % 0�....::.. -- 7.5 r.48 < 13.8 0 March ::'10;920 ::.':::;:9,325: -14.6% >`s�4;778 58.5% ::;::i30;657 107.5% `'':`' Z}977> % ......3. ,. .8.; % 4 0 `.5:7,543: 38.8 0- 3.5 0 >` 4'445?. 11. % %April ...... ;::<48=635;' 28 5% :>>37;201 2 % ;::;: �� .... ;; �. .. 37:129 ::, 37 845; 1.9% ;' :: >;:>:::;:;:: ;;;;::;:;: ::. :`4 ';0. . .0 0 T 6.3 0 1020 12 %May ':i3,7;19 ,• :15;51:0 13.1% .:<27;824` 79.4% :.::31S.OS 13.2% :;i3'6;62..,, 1 % . }... June 12,613:::::.22,195: 76.0% :>;24;05.1:: 8.4% : : 37;447: 55.7% :::: 3.,89.. 12% :, .43,1 . 0 8 July3 .0 0 ' '-:4701:7:: -8.5% `'r51,357: 9.2% . ..:.::.:. : 26,837.> :'32159 19.8% :<<38;630s 20.1% . `5�,374:: 3 % , .1 , . , :.. August s:;::>21,881':. .24;175 10.5% ;:::;22699; -6.1% ' .31,969 40.8% :;;;::,>35;951 g . 12.5% '' September8..6.' ,,.:' � . 4 3.9 0 `;: .: >s<'i8,0 6 ...:.19,141 6.0% '''31204` 63.0% };'''32499 42% ;,,,3 ,00 1 % . TOTAL $233 240 :$280,901• 20.4% :$31'1,699 11.0% :$396106: 27.1% $448;148:: 13.1% $418,564 11.6% City of Southlake, Texas MEMORANDUM September 10 , 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City: Secretary SUBJECT: Authorizing the Mayor to execute a Lease Agreement between the City and Bill & Janie Taylor for Property in Dove Estates . Resolution No. 92-43, authorizing the Mayor to execute a Lease Agreement between the City and Bill & Janie Taylor for property located in Dove Estates is a• renewal of agreements beginning in 1988 . Mr. and Mrs . Taylor live on property next to Dove Estates, located on the attached plat identified in yellow (Tract 3B1D) , next to a proposed roadway connecting their property to Lots #66 & #67 in Dove Estates . The proposed roadway between the properties has not been developed, however, is property of the city. The Taylor' s have requested a renewal of their agreement with the City for use of the property under the terms in the agreement, which state: a) 'No permanent structures except fences may be constructed without written approval from the City. b) The Owner(s) shall maintain the Property in a manner that does not create a nuisance and that does not violate any law or City ordinance. c) The Owner(s) shall pay any ad valorum property taxes that may be levied against the Property. However, it is not anticipated that any taxes will be levied. As noted in the Lease Agreement, this lease may be reviewed for continuous two (2 ) year periods , by each party notifying the other party in writing during 24th month of the term of the lease. As a part of the agreement, the owners agree to release, relieve, quit-claim and hold harmless the City, its City Council, employees, agents and servants for any and all claims, suits, personal injuries, demands, property injuries arising out of or in any way connected, directly or indirectly, with the lease and use of the Property by owners. I have contacted the Taylors ' and they can be present for the Council meeting if you feel it necessary. If you have any questions , please give me a call . LJU � /sl `C� _/ City of South lake, Texas RESOLUTION NO. 92-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO RENEW AN AGREEMENT BETWEEN THE CITY OF SOUTHLAKE, AND THE PROPERTY OWNER OF LAND CONTIGUOUS TO PROPERTY OWNED BY THE CITY BEING LEASED ON A TEMPORARY BASIS UNDER STATED CONDITIONS; PROVIDING AN EFFECTIVE DATE. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1 . That the City Council hereby approved and renewed the temporary lease agreement for City property in the form attached hereto as Exhibit "A" and authorizes and directs the Mayor to execute and deliver such agreement to the proper party on behalf of the city. Section 2 . That this Resolution shall be in full force and effect from and after its passage . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas City of Southlake, Texas STATE OF TEXAS COUNTY OF TARRANT * CITY OF SOUTHLAKE LEASE AGREEMENT WHEREAS, the City of Southlake (City) is the owner in fee simple title of the property described in Exhibit "A" , Which is attached hereto, which property (the Property) was included into the City of Southlake at its incorporation; and, WHEREAS, the City does not have a current and immediate need for the Property; and, WHEREAS, the undersigned, hereinafter referred to as "Owner(s) " , are the Owner(s) on a temporary basis under certain hereinafter stated conditions . NOW, THEREFORE, the Parties hereto, the City and the Owner(s) do hereby contract, covenant and agree as follows : Section 1 . The City does hereby lease and let the "property" to the undersigned Owner( s) . Section 2 . The term of the lease is for two (2) years commencing on the day of , 1992, and ending on the day of , 1994 . This lease may be reviewed for continuous two (2 ) year periods by each party notifying the other party in writing during the 24th month of the term of the lease. Section 3 . The Owner(s) shall have the following rights, duties ! and responsibilities relative to the Property during the term of the lease: a. No permanent structures except fences may be constructed without written approval from the City. b. The Owner( s ) shall maintain the Property in a manner that does not create a nuisance and that does not violate any law or City ordinance. c . The Owner( s ) shall pay any ad valorem property taxes that may be levied against the Property. However, it is not anticipated that any taxes will be levied. (tea -3 City of Southlake,Texas Lease Agreement pIiiiiirage two d. The Owner(s) agrees to release, relieve, quit-claim and hold harmless the City, its City Council, employees, agents and servants for any and all claims, suits, personal injuries, demands , property injuries arising out of or in any way connected, directly, .or indirectly, with the lease and use of the Property by Owner(s) . e. The Owner(s) shall not be required to make any lease payments . Section 3 . Either party may terminate the lease at any time by giving the other party thirty (30) days written notice. All improvements shall be removed by the Owner(s) within thirty (30) days of receipt of notice to terminate. Section 4 . Venue for enforcement of this Agreement is Tarrant County, Texas . The laws of the State of Texas shall govern the interpretation of this Agreement. EXECUTED this day of , i 1992 . CITY OF SOUTHLAKE: BY: Gary Fickes, Mayor ATTEST: Sandra L. LeGrand City Secretary OWNER (S) Bill G. Taylor Flossie J. Taylor State of Texas County of Denton : Before me, the undersigned authority, on this the day of , 1992 , personally appeared and , known to me to be credible persons and signers of the foregoing instrument, and who, after being by my duly sworn, did upon oath state that the information contained in such application is true and correct to the best of my knowledge and belief . 5 - y V . • • • • • • EXHIBIT "A" • •. . . ' . . •. . • . -. .• - • ' • • •• . ' • . Dove Sewer Plant - . . . % - ... •• . : . -* - -- ' • Street -Access "Property" .. -- • :171 -. "Owner(s)" " . . 513 - TR is, '35i - - 381A . . • • • TR •... . . • 3818 • t. * 14 A . _., TR 381 TR 381C . 15 SPS . IDRS5 5.709 AC ,----:•• R C 1-1 11014LV e •-: :li . .14, • I - J stJ 054 . .• - • A" ''''- ' . .. . • . . . . • 111", 7 1 a TR 301 \ 13 9.7 AC 11411161 4 3 2 LAKESIDE ( IN S 29 28 . /32 • a 1i 30 31 F -Z cn 60 N•1' Z ' ...,,,...„ Z il III! &I 27/ 26 5°41* 58 P.sigNist ri • TR 302 . - 7 23 . 52 a 3.97 AC 47 53 22 \ 24 . 53A1 1._ 46 . • 54 56 21/ 20 55. - 3 ' . • 45 . 19 ....--- _ FLAMINGO CT. 18 I 39 .". ' 1 ' . 4 44 43 42 .'-ft 4 I. 6 5 1 40 - 38 • . 3 i 2 17 - I . rn a \ 1,) '' 32 33 34 ii 35 36 37 IS „ . - I I . . i 3g - - 30 WHITEWING -CT . 4 15 , . . 29 28 27 26 25 24 23 r) 1 4 5 i A= I Ar! 1 '711 , . • City of Southlake,Texas CITY MANAGER MEMORANDUM CITY ,t l [� September 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Director of Public Works SUBJECT: Permission to Advertise for Bids for Mid-Size Truck In the 1992-93 budget, the Building Division budgeted for a mid-size truck. Attached are the specifications for the Truck. These are the same specifications that were bid last year for the mid-size truck. There is $12,000 budgeted for the truck in the Building Budget 143-930 . The building Division needs the vehicle as soon as possible because there are 3 inspectors using two cars . Please place this on the Councils next agenda for permission to advertise for bids for a mid size truck. MHB/gh Attachment: Specifications OOCWENT: MiBTRUCK FOLDER: GLORIA • City of Southlake,Texas SPECIFICATIONS FOR MIDSIZE PICKUP TRUCK -, ENGINE 3 . 9 Liter V6 Minimum TRANSMISSION Automatic BRAKES Power TIRES 215/75R x 15 Radial STEERING Power A/C Factory A/C Unit WINDSHIELD & WINDOWS Tinted WHEELS 6 Holes DRIVE TRAIN Rear End Drive BODY Mid Size Pickup Regular Cab, Minimum 20 Gallon Gas Tank, Mirrors (Min. 4"x 6") , Factory Rear Bumper, Full Size Spare Wheel and Tire, Heater, Split Bench or Bucket Seats, Body Side Molding if available, Heavy Duty Battery, Standard Alternator, FM/AM Radio, Intermittent Wipers, Rear Sliding Window (optional) , One-year State Inspection required. • COLOR White MANUALS One Set Parts, Service and Operator Manuals Bidder shall furnish in writing the manufacturer' s warranty and description of coverage at time of purchase. Delivery F.O.B. , City of Southlake Maintenance Shop. The City of Southlake reserves the right to reject any and all bids . All items to meet or exceed specifications . Vehicles shall have equipment listed above- mounted on the trucks . All standard equipment to be included in bid. City of Southlake,Texas Clj MEMORANDUM September 10 , 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Director of Public Works SUBJECT: Permission to Advertise for Bids for Reconstruction of Jellico Circle and to Authorize City Engineers (Cheatham & Associates) to Undertake Design for Project In the 1992-93 Street Budget (Street Infrastructure 144/995 .00) funds were budgeted for the design and reconstruction (by contract) of Jellico Circle. In order to be completed with the project before cold weather the design and advertising of the project needs to begin as soon as possible. If the project is not bid now it will have to wait till spring of 1993 to start construction. Cheatham and Associates has agreed to design, survey and advertise the project on an hourly basis not to exceed a total cost of $13, 000 which is funded from the Street Engineering Services Account 144-260 . The reconstruction of the street will consist of 8" of lime stabilized subgrade with 4" of asphalt. The design as proposed earlier in the year by the soil testing company was changed from 6" of lime stabilized subgrade to 8" and the thickness of asphalt was reduced from 6" to 4" . Staff has determined that because of the residential nature of the street and the improvements to the drainage system, the 8" of lime stabilized subgrade and 4" of asphalt is anticipated to last 10 to 20 years with proper maintenance . Please place this on the Councils next agenda for their consideration. 4ttg MHB/gh DOCUMENT: MHBJELCO FOLDER: GLORIA City of Southlake, Texas CITY MANAGER MEMORANDUM b I, September 9, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: ADA PUBLIC HEARING The City of Southlake's Transition Tian for implementing facility changes to meet the requirements of the Americans With Disabilities Act was presented to the City Council at the August 17, 1992 meeting. This plan examined the structural modifications and personnel practices that are recommended to meet the "reasonable accommodation" guidelines set forth in the Act. Personnel procedures have been amended to meet ADA regulations. The Plan approaches making necessary facility alterations in three-year phases. This methodology permits the City to complete the needed facility changes by the January 26, 1995 compliance deadline. The American Institute of Architects (AIA) , recommends that a Public Hearing be held to solicit community input regarding the implementation of the ADA. This Public Hearing is provided to allow interested Southlake citizens the opportunity to address any concerns on this matter to the City Council. Another Public Hearing will be held on Monday, September 21 at 7 : 00 p.m. City staff will conduct the second Public Hearing to obtain additional community input. Any Council member interested in attending the September 21 Public Hearing is welcome to do so. Planner, Tom Elgin is available to respond to questions concerning the facilities inventory which he conducted as part of the ADA self-evaluation. CT eA4"-/ City of Southlake,Texas I MEMORANDUM September 2, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-31 Zoning Change Request REQUESTED ACTION: Zoning change request for Block 1, Lot 1, Jackson Addition, being 1.753 acres out of the Thomas Mahan Survey, Abstract No. 1049. LOCATION: South side of E. Highland Street at 1981 E. Highland Street OWNER: Charles N. Jackson APPLICANT: Roger D. Hardin CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: The plat for the Jackson Addition was approved on April 2, 1985 as a Gift of Love. Zoning was not a prerequisite to plat approval at that time. Approximately two-thirds of this lot is in the 65 Ldn noise contour. As long as no portion of the dwelling falls within the contour, no additional acoustical design criteria will be imposed during construction. NO. NOTICES SENT: Twelve (12) RESPONSES: One (1) in favor: * Linda Carter, 1961 E. Highland P & Z ACTION: August 20, 1992; Approved (7-0) . COUNCIL ACTION: September 1, 1992; Approved (7-0) , First Reading, Ordinance No. 480-76. KPG '7A- CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: 7(2. 1 1 `l ! Case Number: ZA -3( Fee: $100 .00 Receipt No. 6 I L- 3 1 PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: D.. �I^A CIiarks 3ack5OY) Agent: 1 g 1 E. R h land Address : 31;Cg 5pCio5 V�aliej Dr. 5:0h1,31;c , I X 1tO`IL Bed tra, IX. rIU-1i Telephone: .(YI'1) �'�"91z`1 B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol . , Page . It is shown as Tract of the Survey, Abst. No. , City Tax Records . / ( ) A metes and bounds description is attached. ( V ) Property is platted and described as : Subdivision Name: TccChsc' r Aaal11Cn Block 1 , Lot( s) I ; Block , Lot(s) ( :4 Address of Subject Property: Val E. 1{1ghIana Property Location: J Acreage : ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" , "SF-20B" , "MF-1" , "B-1" , "B-2" , "HC" , "S-P-2" zoning requests . (Required prior to development site plan submittal, but optional at the time of zoning request for "O-1 "0-2" , "C-i" , "C-2" , "C-3" , "C-4" , "I-1" , "I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . 7A-2 ity of Southlake Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: Iiiiii Present Zoning: AG Requested Zoning: S r-1 Existing Use: Rr5laellhli Proposed Use: kzsickwhgI Reason for Requesting the Change: !c rcvi5C plaf D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and Its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . �I X ,,6y�• �, ,,��/ Charles R. Jack5cn 712+ Signature Owner Name Typed or Printed Date E . AUTHORIZATION IF AGENT INVOLVED: I , Chirle5 N. Tacksc.n , owner of the aforementioned prperty do hereby certify that I have given my permission to C'yei U f4ardin to act as my agent for this rezoning reqdest.u dA/44YY , (harks N . _1ac:kstn 1]24I 1,2) Signature Owner(s) Name Typed or Printed Date Belf,ore me a Notary Public, on this day personally appeared Ch3r/f5 (\- ,J a C •5C(1 known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this �y day of 19Pt . NOTARY PUBLI• IN AND FOR TEXAS . • My Commission expires the l? " day of P4.'t, iJ , 199 R Fes'!'' .e i j - .,r I s,Y . . :.: 7 A 3 � -•'-' -- ".,,..:"r- ....-3CP i . ...., .....'" '•- CIO,/I*liar.3.dre ! 'L. 0'76 • • . __ ... ; ' r 47-! • 1 IA,... ; •..a t Th.) 1-7-: ''..1:jair-i., 7-- --" •Our-'-4 I- I I .1.". .•.•' 2.".7.."' 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J i /7�.oE-- ics�o.., aLc6,1 �L..JG 't I j 1 l I 2 I i ( ! c Q I 75 3 ac. • l ate.: I s.i. �_ ; INI ` c EA t 1 `J 1 Y . r zs'ars. 3J V { T V !Ll *11T1 i• I i .za LY.rL. 11 � ,• / 1 I ' 1 I ‘,.1 / t ( II { t { 4 SvaStc� 11 S.1?.oc 4 J PROG�R:Y —►co:- O 5 • ii aLOCZ ? -'' I • C.,i P 14 la SCALE I" : tca '_AT SEOWINO • Lots I and 2 . Block I , JACKSON ADDI=IQ': , an Addition to the City of Southla%2 , out of the Thor+as Mahan Survey , Abstract No . 1049 . in Tar---- ''hunty , Texas . CITY OF i3OUTHLAKE,`, TEXAS ORDINANCE NO. 48 ,-76 AN ORDINANCE AMENDING ORDINANCE NO.', AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF HE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE 0 A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SoUTHLAKE, TEXAS BEING APPROXIMATELY A 1. 753 ACRE TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1..49 , AND MORE COMMONLY KNOWN AS LOT 1, BLOCK 1, OF THE • CKSAN ADDITION, AND MORE FULLY AND COMPLETELY D _„'IBEr, A EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SIN--",-- ,'AMILY-lA, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAI;' ►y IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING ^'P; ERVING ALL OTHER PORTIONS OF THE ZONING ORDIN CE; D`` TE' ING THAT THE PUBLIC INTEREST, MORALS AND r E` ERAL `,WELFARE DEMAND THE ZONING CHANGES AND AMENDMEN ` '-DE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUS, ; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN !HE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE. • WHER • - , Cit of Southl=ke, Te. - - ' s a home rule City acting under its Charter a•optes' •y the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of, buildings, other structures and land for business, , industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of 480.76/ORD/kb Page I 7ez- 7 r ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 1. 753 acre tract of land out of the Thomas Mahan Survey, Abstract No. 1049 , more commonly known as Lot 1, Block, of the Jackson Addition, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. 480.76/ORD/kb Page 2 ftv -� PIIP From "AG" Agricultural; to "SF-1A" Single Family-lA District. Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable - future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7 . Any person, ' firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) for each offense.. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8 . All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the 480.76/ORD/kb Page 3 ,e1,^ ff 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 9 . 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 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 (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. Section 10. 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. PASSED AND APPROVED on the 1st reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY APPROVED„ AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 480.76/ORD/kb /� Page 4 �� _ City of Southlake,Texas • MEMORANDUM CITY MAN AGER September 10, 1992 9'/o " 2 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. , Director of Public Works SUBJECT: Ordinance No. 568, Contractor Registration Attached is . Ordinance No. 568, Contractor Registration, as prepared by the City Attorney's for it's second reading. This Ordinance requires all contractors who are required to take out a building , permit to be registered with the City. This ordinance is being submitted to the council for their consideration to assure that construction work in the City is performed to standards mandated by City codes . The only change that was made from the first reading is that the attached Ordinance requires that any contractor requiring any type of building permit be registered in Southlake, whereas the original Ordinance did not. Please place this on the Councils next agenda for the second and final reading. /1/170 MHB/gh Attachment: Ordinance No. 568 DOCUMENT: t4 8/ORD.568 FOLDER: GLORIA ORDINANCE NO. 568 AN ORDINANCE PROVIDING FOR REGISTRATION OF CONTRACTORS ENGAGED IN CONSTRUCTION WORK; PROVIDING DEFINITIONS; REQUIRING INFORMATION FOR APPLICATION; REQUIRING CERTAIN LICENSES; PROVIDING FOR A FEE; PROVIDING FOR THE WITHHOLDING OF PERMITS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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 has determined that in order to protect its citizens and to assure that construction work in the City is performed to standards mandated by the City codes, it is necessary to require registration of all construction contractors; WHEREAS, the City Council has determined that the mandatory registration of construction contractors within the City will more effectively maintain lines of communication between City officials and the contractors and will allow City officials an avenue to keep the contractors updated on changes in laws and regulations applicable to construction work within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Title. This ordinance shall be known as the contractor's 'licensing ordinance. SECTION 2. Definitions. In this ordinance: (a) CITY means the City of Southlake, Texas. - 1 - / % ~Q Illiiiiiiir (b) CONTRACTOR means a person, firm, association, or corporation that performs work for hire within the City that is required or useful for the construction, repair, alteration, removal, or demolition of a structure or of an appurtenance that connects to the City's water or sewer service and who is required to obtain a permit from the City before performing the work. A contractor includes a subcontractor who is required to obtain a permit before performing work. (c) ELECTRICAL CONTRACTOR means a contractor who performs work subject to regulation under the National Electrical Code as published by the National Fire Protection Association and adopted by the City. (d) IRRIGATION CONTRACTOR means a contractor who performs work as an irrigator as defined in Section 34.001, Texas Water Code. (e) MECHANICAL CONTRACTOR means an air conditioning and refrigeration contractor as defined in Article 8861, Vernon's Texas Civil Statutes. (f) PLUMBING CONTRACTOR means a contractor who performs work on plumbing as defined in Article 6243-101, Vernon's Texas Civil Statutes. SECTION 3. Registration Required. All contractors must register with the City building official before performing work within the City;• This-, registration must be renewed annually. Application for registration and renewal must be on a form provided by the building official and contain the following information: - 2 - rA--3 (a) full name of person seeking registration and any assumed name under which the person does business; (b) permanent business or residential address; (c) business and residential telephone numbers; (d) proof of license as==required in Section 4 and a list of all licensed employees; and (e) other information determined by the building official to be necessary to identify or locate the contractor. SECTION 4. Required Licenses. (a) Before the building official may approve registration for an irrigation, mechanical, or plumbing contractor, the contractor must show proof of a current state license authorizing the contractor to practice his or her trade in this state as an irrigator, air conditioning and refrigeration contractor, or plumber. (b) Before the building official may approve registration for an electrical contractor, the contractor must show proof of a current license as a master electrician from an incorporated city within the state that administers an examination for the licensing of electricians. SECTION 5. Fee. Contractors must pay an annual registration fee. The fee shall be established by resolution of the City Council , and must be paid in full in advance of registration. SECTION 6. Issuance of Permits. The building official shall not. issue a permit to a contractor: or„: for work,: to, .be done by a contractor who is not currently registered with the City. SECTION 7. Cumulative Clause. This ordinance shall be cumulative of all provisions of ordinances of the . City of - 3 - 7,4-`? 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 8. 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 9. Penalty Clause. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000 . 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. Pamphlet Form Publication Clause . 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. - 4 - SECTION 11. Newspaper Publication Clause. The City Secretary of the City of Southiake 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 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 Southiake. SECTION 12. Effective Date Clause. 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. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY - 5 - APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: .:.L\eontr.etor.ord - 6 - 9J- - 7 ORDINANCE NO. 568 AN ORDINANCE PROVIDING FOR REGISTRATION OF CONTRACTORS ENGAGED IN CONSTRUCTION WORK; PROVIDING DEFINITIONS; REQUIRING INFORMATION FOR APPLICATION; REQUIRING CERTAIN LICENSES; PROVIDING FOR A FEE; PROVIDING FOR THE WITHHOLDING OF PERMITS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas, is a home e 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 has determined that in order to protect its citizens and to assure that construction work in the City is performed to standards mandated by the City codes, it is necessary to require registration of all construction contractors; WHEREAS, the City Council has determined that the mandatory registration of construction contractors within the City will more effectively maintain lines of communication between City officials and the contractors and will allow City officials an avenue to keep the contractors updated on changes in laws and regulations applicable to construction work within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Title. This ordinance shall be known as the contractor's licensing ordinance. SECTION 2. Definitions. In this ordinance: (a) CITY means the City of Southlake, Texas. - 1 - (b) CONTRACTOR means a person, firm, association, or corporation that performs work for hire within the City for which a permit is required, including but not limited to work that is required or useful for the construction, repair, alteration, removal, or demolition of a structure, sign, street or of an appurtenance that connects to the City's water or sewer service. A contractor also includes a subcontractor who is required to obtain a permit before performing work. (c) ELECTRICAL CONTRACTOR means a contractor who performs work subject to regulation under the National Electrical Code as published by the National Fire Protection Association and adopted by the City. (d) IRRIGATION CONTRACTOR means a contractor who performs work as an irrigator as defined in Section 34. 001, Texas Water Code. (e) MECHANICAL CONTRACTOR means an air conditioning and refrigeration contractor as defined in Article 8861, Vernon's Texas Civil Statutes. (f) PLUMBING CONTRACTOR means a contractor who performs work on plumbing as defined in Article 6243-101, Vernon's Texas Civil Statutes. SECTION 3. Registration Required. All contractors must register with the City building official before performing work within the City. This registration must be renewed annually. Application for registration and renewal must be on a form provided by the building official and contain the following information: (a) full name of person seeking registration and any assumed - 2 - name under which the person does business; (b) permanent business or residential address; (c) business and residential telephone numbers; (d) proof of license as required in Section 4 and a , list of all licensed employees; and (e) other information determined by the building official to be necessary to identify or locate the contractor. SECTION 4. Required Licenses. (a) Before the building official may approve registration for an irrigation, mechanical, or plumbing contractor, the contractor must show proof of a current state license authorizing the contractor to practice his or her trade in this state as an irrigator, air conditioning and refrigeration contractor, or plumber. (b) Before the building official may approve registration for an electrical contractor, the contractor must show proof of a current license as a master electrician from an incorporated city within the state that administers an examination for the licensing of electricians. SECTION 5. Fee. Contractors must pay an annual registration fee. The fee shall be established by resolution of the City Council, and must be paid in full in advance of registration. SECTION 6. Issuance of Permits. The building official shall not issue a permit to a contractor , or for work to be done by a contractor who is not currently registered with the City. SECTION 7. 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 - 3 - in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. 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 9. Penalty Clause. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand , Dollars ($2, 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10. Pamphlet Form Publication Clause . 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 11. Newspaper Publication Clause. The City Secretary - 4 - 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 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 12. Effective Date Clause. 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. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY - 5 - APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: a:sl\contractor.ord - 6 - City of Southlake,Texas rl------ --- MEMORANDUM CITY MANAGE ', September 10, 1992 TO: Curtis E. Hawk FROM: Michael H. Barnes, P.E. , Director of Public Works SUBJECT: Contractor Registration Fee Attached is a resolution • settin he fee r Contractor Registration, Ordinance No. 568 at 75 per ye The Ordinance will become effective upon it' s pas ge but lding Division will not start collecting fees until. ctobe 1, 1992 . Upon passage of the Ordinance, staff will notify all contractors doing business in Southlake, that beginning October 1, 1992 the $75 .00 annual registration fee will be required. A list of the area Cities charging a registration fee is as follows : Colleyville Initial Fee $100.00 Renewal 50. 00 Keller Electrical 80 . 00 All Other 10 . 00 Grapevine All Contractors 75 . 00 N. Richland Hills All Contractors 75 .00 Please place this Resolution on the Council ' s next agenda for their consideration. MHB/gh Attachment: Resolution - DOCUMENT: MHB/CONT.FEE FOLDER: GLORIA k RESOLUTION 92- 39 A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ' ESTABLISHING A FEE FOR THE REGISTRATION OF CONTRACTORS ENGAGED IN CONSTRUCTION WORK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas, has adopted Ordinance No. 568 requiring registration of contractors engaged in construction work within the City; and WHEREAS, Ordinance No. 568 provides that the City Council shall establish an annual registration fee for contractors; NOW, THEREFORE, be it RESOLVED BY THE CITY COUNCIL of the City of Southlake, Texas: Section 1. The annual fee for contractors required to register with the City under Ordinance No. 568 is seventy-five dollars ($75.00) . Section 2 . The fee established by Section 1 shall take effect upon the final passage of Ordinance 568 by the City Council. PASSED AND APPROVED this the day of , 1992. MAYOR ATTEST: • City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Date Adopted Date Effective C:\AL\contres.e1 MI City of Southlake, Texas CITY MANAGER MEMORANDUMINWOOMMMOmmumulal M September 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. Director of Public Works SUBJECT: WASTEWATER ORDINANCE NO. 567 Attached for the second reading is the proposed Wastewater Ordinance as prepared by the Trinity River Authority (TRA) . There were no changes recommended from the first reading. This ordinance . will allow the City to regulate, control and enforce all wastewater, including industrial wastewater, discharging into the City's collection system. This ordinance is a requirement of the Texas Water Commission and the TRA and is for the protection of the citizens of Southlake and the surrounding communities that use the TRA system. A brief overview of each section is described below: 1. Sections 1, 2 and 3 are self-explanatory. 2 . Section 4 describes the types of discharges allowed into the collection system and where they can be discharged. 3 . Section 5 explains special rules regarding compliance standards, accidental discharges, prohibition of bypasses and hazardous waste discharges. 4 . Section 6 allows the City to charge fees for testing and sampling of proposed industrial wastewater users. 5. Section 7 explains the administration of issuing the wastewater permit and its evaluation, approval or denial, conditions, duration and non-use. 6 . Section 8 details the reporting procedures for an industrial waste user and includes the timing and records retention. 7 . Section 7 details the monitoring facilities that are required by this ordinance. 8 . Section 10 details the inspection and sampling procedures to insure compliance with all state and federal regulations. 9 . Section 11 details the plans and specifications required for pretreatment if required. (b) Periodic Compliance Reports. 25 (c) Reporting Requirements for Categorical Industrial Users . 26 (1) Baseline Monitoring Report (BMR) 26 (2) Contents . 26 (d) Report of Changed Conditions 28 (e) Report of Violation; Repeat Sampling and Reporting. 28 (f) Report of the Discharge of Hazardous Waste [ (40 CFR 403 . 12 (p) (i) (2) ] 28 (g) Timing 29 (h) Wastewater Survey Requirement. 30 (i) Report Certification Statement (40 CFR 403 . 6 (a) (2) (ii) . 30 (j ) Retention of Records 30 (k) Records Request. 30 SECTION 9 . MONITORING FACILITIES. 30 (a) Location 31 (b) Construction and Maintenance 31 SECTION 10 . INSPECTION AND SAMPLING 31 (a) Access to Premises 31 (b) . Security Identification 31 (c) Search Warrants. 31 (d) Analytical Requirements. 32 (e) Sample Collection. 32 (f) Determination of Noncompliance 32 SECTION 11. PRETREATMENT. •32 SECTION 12 . CONFIDENTIAL INFORMATION. 33 SECTION 13 . ENFORCEMENT 33 (a) Harmful Discharges 33 (b) Revocation of Permit 34 (c) Notification of Violation. 35 (d) Show Cause Hearing 35 (e) Compliance Orders. 36 (f) Cease and Desist Orders, 37 (g) Legal Action 37 (h) Publication. 37 SECTION 14 . SEVERABILITY. 37 SECTION 15 . PENALTY 38 SECTION 16 . EFFECTIVE DATE. 38 •RDINANCE NO. • AN ORDINANCE REGULATING TH - -. :.•11'GE OF WASTES INTO THE SANITARY SEWER OF THE CITY OF SOIITHLAKE; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT SYS M�AII HORIZING THE DIRECTOR OF PUBLIC WORKS TO PROMULGATE RULES PERTAINING TO THE PERMIT SYSTEM; MAKING ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PIIBLICA IQ gROVIDING TZ4,!fl_73531g1g—ZZL2FFECTTF 'DATE. WHEREAS, the City of Southlake, Texas has provided facilities for the collection and treatment of wastewater to promote the health, safety, and convenience of its citizens and for the safeguarding of water resources common to all; and WHEREAS, provision has been made in the design, construction, and operation of such facilities to accommodate certain types and quantities of industrial wastes in addition to normal wastewater; and WHEREAS, it is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the City of Southlake in an equitable manner and, insofar as it is practicable, in proportion to benefits derived; and WHEREAS, protection of the quality of the effluent and proper operation of the wastewater collection and treatment facilities and quality of effluent may require either the exclusion, pretreatment, or controlled discharge at point of origin of certain types or 2quantities of industrial wastes ; and WHEREAS, the City of Southlake shall require future compliance with any rules and regulations promulgated under Section 307 of the Clean Water Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. TITLE. This ordinance shall be cited as the Southlake Wastewater Ordinance. SECTION 2 . DEFINITIONS. When used in this ordinance, the following?. terms.; shall have. the meanings prescribed below: (1) Act: The Clean Water Act (33 U. S . C. 1251 et seq) , as amended. (2) Administrator: The Regional Administrator of the EPA or was;e.o_d • hi's or her designee. (3) Authorized Representative: Authorized representatives (Authorized Signatories) for wastewater discharge permit applications and for reports submitted by an industrial user are: (A) - A responsible corporate officer, if the discharger submitting the application or report is a corporation. This includes, the president, vice-president, secretary or treasurer of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation. (B) The manager of one or more manufacturing, production or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars) , if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (C) For a partnership or sole proprietorship, a general partner or the proprietor, respectively. (D) The principal executive officer or director having responsibility for the overall operation of the facility if the discharger is a federal, state or local governmental entity, or its agency. (E) A duly authorized representative of the individual (s) designated in paragraphs (A) , (B) , (C) , and (D) above if the representative is responsible for the overall operation of the facilities from which the discharge originates, when submitted in writing to the City. • (4) Baseline Monitoring report (BMR) : A report submitted by categorical industrial users within 180 days after the effective date of an applicable categorical standard which indicates the compliance status of the user with the categorical standard [40 CFR 403 . 12 (b) ] . (5) Biochemical Oxygen Demand, 5 Day or "B.O.D. (5) ": The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, as specified in "Standard Methods" , in five days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per liter. (6) Biochemical Oxygen Demand, 7 Day or "B.O.D. (7) ": The quantity of oxygen used in the biochemical oxidation of organic matter under standard laboratory procedures, as specified in "Standard Methods" , in seven days at twenty (20) degrees Centigrade, expressed as parts per million by weight or in terms waste.ord _z_ of milligrams per liter. (7) Building Sewer: The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection) . (8) Bypass: The intentional diversion of wastestreams or wastewater from any portion of a discharger' s wastewater treatment equipment or pretreatment facility. (9) Categorical Pretreatment Standards: Limitations on pollutant discharges to POTW's promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters of particular industrial categories [40 CFR 403 . 6 and Parts 405-471] . (10) C.O.D. (Chemical Oxygen Demand) : The measure of the oxygen consuming capacity of inorganic and organic -matter present in the water or wastewater expressed in mg/1 as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. (11) CFR: Code of Federal Regulation. (12) City: City of Southlake, Texas or and authorized person acting in its behalf. (13) Composite Sample: A mixture of grab samples collected at the same sample point at different times and composed of not less than four samples. The series of samples may be collected on a time or flow proportional basis. (A) Time Proportional Composite Sample - A sampling method which combines discrete samples of constant volume collected at constant time intervals (e.g. , 200 milliliter samples collected every half hour for a 24 hour period) . (B) Flow Proportional Composite Sample - A sampling method which combines discrete samples collected over time, based on the flow of the wastestream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow [e.g. , 200 milliliters of samples collected for every 5, 000 gallons discharged] . The other method collects samples of varying volume,_ based on stream flow, at constant time intervals. (14) Cooling Water: The water discharged from any system of condensation such as air conditioning, cooling, refrigeration, or water used as a coolant in cooling towers where the only pollutant is thermal . c:a9,e.ord _3_ (15) Director: The Director of Public Works of the City, or his authorized representative. (16) Discharger: Any non-residential user discharging an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. The term includes owners and occupants of such premises. (17) Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency or its authorized representative. (18) Existing Source: A source of discharge, the construction or operation of which commenced before the publication of proposed categorical pretreatment standards which will be applicable to the source if the standard is promulgated in accordance with Section 307 of the Act. (19) Garbage: Solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage, and sale of produce. (20) Grab Sample: A sample which is taken from a waste stream on a one time basis with no regard to the flow of the waste stream and without consideration of time. The sample is collected over a period of time not exceeding fifteen (15) minutes. (21) Industrial Waste: Solid, liquid or gaseous waste resulting from any industrial , manufacturing, trade, or business process or from the development, recovery or processing of natural resources. (22) Industrial Waste Charges and Fees: The charges or fees made on those persons who discharge industrial wastes into the City' s sewage system. (23) Industrial Wastewater: Industrial waste mixed with water. (24) Interference: A discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (A) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal ; and (B) Is the cause of a violation of any requirement of the POTW' s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent waste.ord _4_ state or local regulations) : Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) ' (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) , and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. (25) Maximum Daily Average: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. When wastewaters are collected and stored for more than a day prior to discharge, such as batch discharges, a laboratory test of a grab sample of the stored wastewater may be used to determine the maximum daily average concentration. (26) Maximum Daily Limit: The maximum allowable discharge of pollutant during a calendar day. Where daily maximum limitations are expressed in units of mass the daily discharge' is the total mass discharged (27) Maximum Grab: The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample. (28) mg/L: Milligrams per liter means the same- as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8 . 34 shall be equivalent to pounds per million gallons of water. (29) National Categorical Pretreatment Standard or Pretreatment Standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act (33 U.S.C. 1317) which applies to a specific category of Industrial Users. (30) New Source: (A) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307 (c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (i) The building, structure, facility or installation is constructed at a site at which no other source is located; or ( ii) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or laste.or^'. _5_ '71 /� (iii) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered. (B) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of (A) (ii) or (iii) above but otherwise alters, replaces, or adds to existing process or production equipment. (C) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (i) begun, or caused to begin as part of a continuous on site construction program: (aa) any placement, assembly, or installation of facilities or equipment; or (bb) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (ii) entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (31) Normal Domestic Wastewater: Wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 300 mg/i and BOD is not more than 250 mg/I. (32) NPDES: National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency. (33) O;&X: Operation and maintenance. (34) Other Wastes: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, and all other substances except sewage and industrial wastes . wae:e.O:d _6- 2i -/® (35) Overload: The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity. (36) Owner or Occupant: The person, firm, or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid, into the sanitary sewage system of the City, and who pays, or is legally responsible for the payment of, water rates or charges made against the lot, parcel of land, building or premises if connected to the water distribution system of the City, or who would pay or be legally responsible for the payment if so connected. (37) Pass Through: The discharge of pollutants through the POTW into navigable waters of the United States in quantities or concentrations which are a cause of, or significantly contributes to, a violation of any requirement of the POTW's. NPDES permit. (38) Permit: Wastewater Discharge Permit expressing the terms and conditions whereby dischargers are authorized to discharge industrial waste into the sanitary sewer system of the POTW. (39) Person: Any individual, business entity, partnership, corporation, governmental agency, political subdivision, or other legal entity, or any agent or employee thereof. (40) pH: The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with "Standard Methods" . (41) Pollution: The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (42) Pollutant: Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. (43) POTW (Publicly Owned Treatment Works) : Any sewage treatment plant as defined by Section 212 of the Act, (33 U.S .C. 1291) , owned and operated by the City and the sewers, pipes and conveyances owned in whole or in part by the City or by another entity, that convey wastewater to the POTW. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial waste of a liquid nature. (44) Pretreatment: The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of waste.ord � �! -/ Z pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer. (45) Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard, imposed on an industrial user. (46) Pretreatment Standard: The term "National Pretreatment Standard, " "Pretreatment Standard, " or "Standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (b) and (c) of the Act, which applies to industrial users. This term includes prohibitive discharge limits established pursuant to 40 CFR Part 403 . 5. (47) Priority Pollutants: A list of toxic pollutants established . by the . Administrator in accordance with Section 307 (a) (1) of the Act and revised from time to time thereafter. (48) Public or Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW, and into which storm water, surface water, groundwater, and other unpolluted wastes are not intentionally passed. (49) Severe Property Damage: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (50) Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. (51) Shall: Is mandatory. (52) Significant Industrial User: (A) All industrial users subject to categorical pretreatment standards and any other industrial user that: (i) discharges an average of 25, 000 gallons per day or more of process wastewater to... a POTW _ (excluding sanitary, noncontact cooling or boiler blowdown wastewater) ; (ii) discharges a process wastestream which makes up five percent (50) or more of the average dry weather hydraulic or organic capacity of a POTW; or vaste.ord -8- 7cL - ✓.3 (iii) is designated as such by the City on the basis that the industrial user has a reasonable potential for adversely affecting a POTW' s operation or for violating any pretreatment standard or requirement. (B) Upon a finding that a noncategorical industrial user meeting the criteria for a significant industrial user has no reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement, the City may at any time on its own initiative or in response to a petition received from a noncategorical industrial user, determine the user is not a significant industrial user. (53) Significant Non-Compliance Under CFR 403.8 (f) (2) (vii) : An industrial user is in significant non-compliance if it meets one or more of the following criteria: (A) Chronic. violations of wastewater .discharge limits, defined as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed (by any magnitude) the maximum daily limit or the maximum daily average for the same pollutant parameter; (B) Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more _of all of the measurements taken during a six-month period equal or exceed the product of the maximum daily average or the daily average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1. 2 for all other pollutants except pH) ; 2 (C) Any other violation of a pretreatment effluent limit (daily maximum . or longer-term average) that the City believes has caused, along or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public) ; (D) Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under paragraph (f) (1) (vi) (b) of 40 CFR part 403 . 8 to halt or prevent such a discharge; (E) Violation, by ninety days, or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining, final compliance; (F) Failure to provide required reports such as baseline _ monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules within thirty days (30) of the due date; waste.ord _g_ (G) Failure to accurately report noncompliance; or any other violation or group of violations which the City considers to be significant. (54) Slug or Slugload: Any substance (including Biochemical Oxygen Demand) released in a discharge at a flow rate and/or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403 .5 (b) to 403 . 12 (f) , or hydraulically overloads the sanitary sewer collection system. This includes, but is not limited to, an accidental spill or non- customary batch discharge. (55) Standard Industrial Classification (SIC) : A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972. (56) Storm Sewer: A public sewer which carries storm, ground, and surface waters and d"rainage, and into which -domestic wastewater or industrial wastes are not intentionally passed. (57) Storm Water: Rainfall or any other form of natural precipitation. (58) Substantial: For the purposes of this ordinance substantial shall mean a change or deviation of twenty percent (20%) or more. (59) Suspended Solids (SS) : Solids measured in mg/1 that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device. (60) To Discharge: Includes to deposit, conduct, drain,, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, to permit, or to suffer any of these acts or emissions. (61) Total Suspended Solids (TSS) : Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. (62) Total Toxic Organics (TTO) : The sum of the masses or concentration of specific toxic organic compounds found in industrial users ' process discharge at a concentration greater than 0 . 01 mg/1 . (63) Toxic. Pollutant: Any pollutant . .or combination of pollutants listed as toxic in regulations promulgated" by the Administrator under the provision of CWA 307 (a) or other Acts. (64) User: Any person, located within or outside of the City limits, who discharges, causes, or permits the discharge of vaste.ord -10- 74,4 --/- wastewater into the City' s POTW. (65) Waste: Rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities. (66) Wastewater: Industrial waste, sewage or any other waste that has been used by and discharged to the POTW from an industry, commercial enterprise, household or other water consumer, including that which may be combined with any groundwater, surface water or storm water. (67) Wastewater Facilities: Includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes (same as POTW) . SECTION 3. PURPOSE ANDPOLICY. (a) This ordinance provides for prohibitions on discharges of certain substances into the public sewer system of the City from all sources, domestic, commercial , or industrial. A further purpose of this ordinance is to set forth uniform requirements for industrial dischargers into the POTW City wastewater collection and treatment systems, and to enable the City to protect the public health in conformance with all applicable state and federal laws. Parts of this ordinance are enacted pursuant to regulations established by the U.S . Environmental Protection Agency (EPA) as set forth in 40 CFR Part 403 . (a) All categorical pretreatment standards, lists of toxic pollutants, industrial categories and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this ordinance, as will EPA regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this ordinance to incorporate such changes shall not be necessary. The City shall maintain current standards and regulations which shall be available for inspection and copying. (c) The objectives of this ordinance are: (1) to prevent the introduction of pollutants into .the City wastewater system which will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or which will contaminate the resulting sludge; (2) to prevent the introduction of pollutants into the City wastewater system which do not receive adequate treatment in the POTW, and which will pass through the system into receiving waters or the atmosphere or which are otherwise incompatible with the system; and waste.ord _11_ r: - 4 (3) to improve the opportunity to recycle or reclaim municipal and industrial wastewaters and sludges. (d) The regulation of discharges into the City wastewater system shall be accomplished through the issuance of permits and by monitoring and inspection of facilities according to this ordinance. (e) The Director shall have the authority to promulgate such administrative regulations as are from time to time necessary for the enforcement of this ordinance. SECTION 4. DISCHARGE PROHIBITIONS AND LIMITATIONS. (a) Discharges to Storm Sewers and Watercourses. No person shall discharge or cause to be discharged any wastewater into any storm sewer or watercourse within the City, except for those persons with approved permits for such discharges. (b) Prohibited discharges. (1) No person shall discharge or cause to be discharged any storm water, groundwater, roof runoff, subsurface drainage or drainage from downspouts, yard drains, yard fountains and ponds, or lawnsprays into any sanitary sewer. . (2) No person shall discharge or cause.to be discharged, any water from swimming pools, unpolluted industrial water, or cooling water from various equipment into sanitary sewers if an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer provided the water meets the discharge prohibitions and limitations of this ordinance. (c) Prohibited Sewer Connections, Including Trucked or Hauled Wastewater. No person shall discharge or caused to be discharged into the sanitary sewer any wastewater or solid, including trucked or hauled wastes, unless the discharge, at a designated discharge point, has been approved by the City. (d) Prohibited Wastewater Constituents. No person shall discharge or cause to be discharged directly or indirectly, into any public sanitary sewer any pollutant or wastewater that will cause pass through or interference with the operation or performance of the POTW, including but, not limited to the following described substances, materials., water., or- waste: (1) petroleum oil, nonbiodegradable cutting oil or products of mineral oil origin in amounts that will cause obstruction of flow in the sewer line, or interference or pass through; wa®te.ord _12_ (2) pollutants which create a fire or explosion hazard in the sewer system or POTW, including but not limited to, pollutants with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR Part 261. 21. This includes flammable or explosive liquids, solids or gases such as gasoline, kerosene, benzene, naphtha, etc. , which by reason of their chemical properties or quantity, may be sufficient, either alone/ or by interaction, to cause fire or explosion; (3) solids or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the POTW, such as, but not limited to, ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids; (4) acids or alkalies capable of causing damage to sewage disposal structures or personnel or having a pH value lower than 5 . 0 or higher than 11. 0. (5) any pollutants identified pursuant to Section 307 (a) of the Act, in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to pass through the treatment plant and impair . aquatic life in receiving water of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard. (6) any noxious or malodorous liquids, gases, or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or which may prevent entry into the sewers for their maintenance and repair; (7) any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process as determined pursuant to criteria in this ordinance. In no case, shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Resource Conservation and Recovery Act, or state standards applicable to the sludge management method being used; (8) any substance which will cause the POTW to violate its NPDES or other disposal system permits, or the receiving stream water quality standards; aaete.ord _13_ �a �/� (9) any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions; (10) any substance having a temperature which inhibits or interferes with biological activity in the POTW treatment plant. In no case shall wastewater be introduced which would have a temperature exceeding 40 degrees Centigrade (104 degrees Fahrenheit) upon entering the POTW treatment plant; (11) any pollutants, including oxygen demanding pollutants (BOD, etc. ) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause inhibition or interference to the POTW. In no case shall any pollutant (including Biochemical Oxygen Demand) be released in a discharge at a flow rate or concentration which will cause a violation of the specific discharge prohibitions in 40 CFR 403 .5 (b) to 403 .12 (f) ; (12) radioactive wastes or isotopes with a half-life or concentration exceeding limits established by the City in compliance with applicable state or federal regulations; (13) any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150) sixty five degrees Centigrade (65) ; (14) any water or waste which contains .wax, grease, oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between thirty-two degrees (32) to one hundred fifty degrees (150) Fahrenheit, thereby contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the collection system; (15) any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in dimension; (16) any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life, or form solids in concentrations exceeding limits established in this ordinance, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle; (17) any dump or slugload of waste containing concentrated organic solvents or mixtures of solvents which are defined as hazardous by the Federal Resource Conservation and Recovery Act; waste.ord -14- (18) wastewaters which emanate vapors causing the atmosphere in the sewer system to exceed 20% of the lower explosive limit in the immediate area of the discharge; or (19.) any wastewater which causes a hazard to human life or creates a public nuisance. (e) Oils, Greases, Metals and Other Pollutants. No person shall discharge or cause to be discharged, directly or indirectly, into any; sanitary sewer any wastewaters containing or having: (1) free or emulsified fats, oils, and greases exceeding (on analysis) an average of 200 mg/L (1668 pounds per million • gallons) of either or combinations of free or emulsified oil and grease if in the opinion of the Director it appears probable that the wastes either singly or in combination with discharges: -(A) can deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (B) can overload skimming and grease handling equipment; (C) are not amenable to bacterial action or other treatment processes presently being employed by the POTW and will, therefore, pass to the receiving waters without being affected by normal wastewater treatment processes; or (D) can have deleterious effects on the treatment process due to excessive quantities. (2) Metals in the form of compounds or elements with total concentrations exceeding the following: MAXIMUM DAILY MAXIMUM GRAB AVERAGE mg/L (mg/L) Arsenic 0 .5 0 .3 Cadmium 0 .3 0 .9 Chromium 4.0 15. 0 Copper 3 .0 9 .0 Cyanides 1.0 Hydrogen Sulfide 10. 0 Lead 2 . 9 8.7 Mercury 0.01 0 .03 Nickel 5.0 6.0 Silver Zinc 5 .0 15.0 TTO 2 . 13 No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the City specifying conditions waa:e.ord -15- 7eZ -? ' • • • of pretreatment, concentrations, volumes, and other applicable provisions. . (3) Cyanide or cyanogen compounds [ (expressed as total CN-) 1 in excess of 1. 0 mg/L. (4) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of 10 parts per million. (5) Pollutants in excess of the limitations established in an applicable categorical pretreatment standard set forth in Title 40,., CFR. (f) Storage of Prohibited Waste. Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW. (g)' Authority of the Director. When the Director determines that a user is discharging to the POTW, any of the above numerated substances in such amounts as to cause pass through or interference with operation of the POTW, the Director -shall advise the user of the impact of the discharge on the POTW; and may develop effluent limitation(s) for the user to correct the interference with the POTW, or require the user to discontinue the discharge. SECTIONS. SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS. (a)': Compliance with Standards. (1) State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this or any other applicable ordinance. (2) No discharger shall increase the use of potable or processed water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this ordinance. (3) Where it is determined to be appropriate the City may apply mass limitations expressed in pounds per day of pollutant discharged. (b) Federal Categorical Pretreatment Standards. Upon the promulgation- of- the, .federal: categorical pretreatment standards. for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this ordinance for sources in that ' subcategory, shall immediately supersede the limitations imposed under this ordinance. It shall be the responsibility of each user to be knowledgeable of all regulations applicable to the waste.ord _i6_ user. Failure of the Director to identify new users or to notify existing users of new federal regulations shall not relieve the user of the requirement of compliance. (c) Accidental Discharges. (1) Protection. Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this ordinance. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection ("spill plan") shall be submitted to the City for review, and shall be approved by the City before construction of the facility. (2) Spill Plan. Approved pretreatment programs must evaluate, at least once every two years, whether each significant industrial user needs a spill plan (40 CFR. 403 . 8 (f) (2) (v) ) , to control slug discharges as defined under 40 CFR 403 . 5 (b) . If the POTW decides that a plan is needed, the plan shall contain at least the following elements: (A) description of discharge practices, including nonroutine batch discharges; (B) description of stored chemicals; (C) procedures for promptly notifying the POTW of slug discharges including any discharge that would violate a specific prohibition under 40 CFR 403 . 5 (b) , and procedures for follow-up written notification within five days; (D) if necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) , and/or measures and equipment for emergency response; and (E) if necessary, follow-up practices to limit the damage suffered by the treatment plant or the environment. (3) User' s Responsibility. Review and approval of these plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facilities as necessary to meet the requirements of this ordinance. (4) Notices. (A) Telephone Notice. In the case of an accidental waste.o=d -17_ 7c - discharge, it is the responsibility of the user to immediately telephone and notify the City of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. (B) Written Notice. Within five (5) days following an accidental discharge; the user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, fine, civil penalty, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property. (C) Notice to Employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer- such a dangerous discharge to occur are advised of the emergency notification procedure. (d) Wastewater Discharges into Private Sewer Systems. All dischargers who discharge wastewater into a private sewer system shall comply with this ordinance provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the City's personnel to enter onto the owner' s property for purposes of inspection .and monitoring of discharger' s premises , and for enforcement pursuant to the terms of this ordinance. (e) Prohibition of Bypass. (1) Bypass of a discharger' s treatment equipment or treatment facility is prohibited and the City may take enforcement action against the discharger unless: (A) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) there were no feasible alternatives to the bypass, such as use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been, installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and (C) the discharger submitted advanced, written notice of the need for a bypass. (2) The discharger shall submit oral notice to the City of an unanticipated bypass that exceeds categorical pretreatment vaste.ord -19- • standards or other discharge limits . within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within 5 days of the time the discharger becomes aware of the bypass. Written notice shall include a description of the bypass and its causes, duration of the bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed by the authorized representative of the discharger. (3). The City may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of paragraph (I) above. (f) Notification of Hazardous Waste Discharges. All dischargers shall notify the City, the EPA Regional Waste Management Division Director, and the Texas Water Commission Hazardous and Solid Waste Division Director, in writing of any discharge into a POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any notification under this paragraph must be submitted in conformance with 40 CFR Part 403 . 12 (p) . SECTION 6. FEES. (a) Purpose. It is the purpose of this section to provide for the recovery of costs from users of the City's wastewater facilities for the cost of implementation of this ordinance. The applicable fees shall be set forth in the City's schedule of fees as approved by the city council. (b), Industrial Wastewater Fees. (1) The City may adopt fees which may include fees for: (1) reimbursement of costs of setting up and operating the City' s pretreatment program; (2) monitoring, inspections and surveillance procedures; (3) reviewing accidental discharge procedures and construction; (4) permit applications; (5) filing appeals; (6) charges to recover cost associated with corrective actions taken by the City to mitigate, alleviate, or halt discharges which violate this ordinance,, cause an obstruction or create an endangerment to public health. (7) other fees as the City may deem necessary to carry out the requirements of this ordinance. waete.ord _29_ (c) Use of Fees. These fees relate solely to the matters covered by this ordinance and are separate from all other fees chargeable by the City. SECTION 7 . ADMINISTRATION. (a) Permit to Discharge Industrial Wastewater. All significant industrial users proposing to connect to or discharge to the POTW shall obtain a permit before connecting to or discharging to the POTW. (b) Permit Application. Users required to obtain a permit to discharge industrial wastewater shall complete and file with the City, an application in the form prescribed by the City. Existing users shall apply for a permit within 30 days after the effective date of this ordinance, and proposed new users shall. apply at least 90 days prior to connecting to or discharging to the POTW. Existing users shall not discharge or cause discharges to the: POTW after 90 days from the effective date of this ordinance, without a permit from the City. (c) Information Required. In support of the application the user shall submit, in units and terms appropriate for evaluation, the following information: (1) name, address, and location; (2) SIC number according to the Standard Industrial Classification Manual , Bureau of the Budget, 1972, as amended; (3) wastewater constituents and characteristics used by, produced by, or reasonably expected to be found in the facility or its discharge as determined by a reliable analytical laboratory: (A) Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136, as amended; (B) New users shall submit pollutant data of expected discharge concentrations by comparison to similar industries, pretreatment equipment manufacturers specifications or other justified means ; (4) time and duration of discharge; (5) average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any; (6) site plans, floor plans, mechanical or plumbing plans, or process schematic diagram and details to show all sewers, vaste.ot3 -20- • sewer connections, and appurtenances by the size and location; (7) description of activities, facilities, and plant processes on the premises, including, but not limited to, all materials which are or could be discharged, and all materials found on the premises which contain priority pollutants; (8) where known, the nature and concentration of any pollutants in the discharge which are-. limited by any city, state, or federal pretreatment standards; (9) a statement regarding whether or not the pretreatment standards are being met on a consistent basis. If not being met on a consistent basis, whether additional O&M or additional pretreatment is required for the user to meet applicable pretreatment standards. If additional pretreatment or O&M will be required to meet the Pretreatment Standards the user shall present the schedule which accomplishes the additional pretreatment in the shortest period 'of "time. The following-'conditions-.shall - apply to this schedule: (A) , The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g. , hiring dnd engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc. ) . (B) No increment referred to in paragraph (A) shall exceed 9 months. (C) Not later than 14 days following each date in the schedule and the final date for .compliance, the user shall submit a progress report to the Director including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not: (i) the date on which it expects to comply with this increment of progress; (ii) the reason for delay; and (iii) the steps being taken by the user to return the construction to the -schedule established. (D) No more than nine months shall elapse between progress reports to the Director. (10) each product produced by type, amount, process or processes, if the National Categorical Pretreatment Standard is waete.ord -21- based upon production, or the rate of production; (11) type and amount of raw materials processed (average and maximum per day) , if the National Categorical Pretreatment Standard is based upon the processing of raw materials; (12) number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) any other information as may be deemed by the City to be necessary to evaluate the permit application. (d) Evaluation and Approval. The City will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is determined to be satisfactory, then a permit shall be issued, within 60 days after the evaluation is complete. The wastewater discharge permit shall be' subject to the conditions. specified in the permit, this ordinance, and the regulations of the City. (e) Denial. If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for the denial . If denial is based on the City' s determination that the applicant cannot meet the wastewater discharge limitations of this ordinance, the City may specify that the applicant be required to provide pretreatment of the waste before it is acceptable for discharge. (f) Monitoring Facilities. Before the approval of a permit, unless exempted by the City, all dischargers shall provide monitoring facilities to allow inspection, sampling, and flow measurement of wastewaters before they enter the sanitary sewer of the City. Each monitoring facility shall be located on the discharger's premises; provided, however, where the location would be impractical or cause undue hardship to the discharger, the City may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial or revocation of a permit. (g) Permit Conditions. (1) Nontransferable. Permits are issued to a specific discharger for .specific- o.perations and are. not, assignable to another discharger or transferable to any other location without the prior written approval of the City. (2) Other Conditions. Permits may include as applicable, but shall not be limited to the following conditions: vaste.o:d -22- 71 -2. 7 based upon production, or the rate of production; (11) type and amount of raw materials processed (average and maximum per day) , if the National Categorical Pretreatment Standard is based upon the processing of raw materials ; (12) number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; (13) any other information as may be deemed by the City to be necessary to evaluate the permit application. (d) Evaluation and Approval. The City will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is determined to be satisfactory, then a permit shall be issued, within 60 days, after the evaluation: is complete.. The wastewater discharge permit shall be subject to the conditions specified in the permit, this ordinance, and the regulations of the City. (e) Denial. If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for the denial . If denial is based on the City's determination that the applicant cannot meet the wastewater discharge limitations of this ordinance, the City may specify that the applicant be required to provide pretreatment of the waste before it is acceptable for discharge. (f) Monitoring Facilities. Before the approval of a permit, unless exempted by the City, all dischargers shall provide monitoring facilities to allow inspection, sampling, and flow measurement of wastewaters before they enter the sanitary sewer of the City. Each monitoring facility shall be located on the discharger's premises; provided, however, where the location would be impractical or cause undue hardship to the discharger, the City may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial or revocation of a permit. (g) Permit Conditions. (1) Nontransferable. Permits are issued to a specific discharger for specific operations and are not assignable to another discharger or transferable to any other location without the prior written approval of the City. (2) Other Conditions. Permits may include as applicable, but shall not be limited to the following conditions: :ra5te.o=d -22- '�L -2 7 (A) limits on the average and maximum amount of certain wastewater constituents to be discharged; (B) limits on average and maximum rate and time of discharge and requirements for flow regulations and. equalization; (C) requirements for installation and maintenance of inspection and sampling facilities; (D) location of approved discharge point(s) ; (E) additional conditions as the City may reasonably require under particular circumstances, applicable to the monitoring of certain discharges, including sampling locations, frequency of sampling, number, types, and standards for tests, - laboratory analysis methods, and reporting schedules; (F) compliance schedules; (G) requirements for submission of special technical reports or discharge reports where same differ from those prescribed by this ordinance; (H) duration of Permit; (I) statement of applicable civil and criminal penalties for violation of pretreatment standards-and requirements; (J) other conditions determined to be necessary by the City to ensure compliance with this ordinance and other applicable local, state, and federal laws. (h) Permit Modifications. (1) The City reserves the right to amend any permit issued under this ordinance in order to assure compliance by the City with applicable laws and regulations. The City may amend any permit for good cause including, but not limited to, the following: (A) to incorporate any new or revised federal, state, local or pretreatment standards or requirements; (B) material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit;. • (C) a change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; (D) information indicating that the permitted waste.o:d .23- discharge poses a threat to the City' s collection and treatment systems, POTW personnel , or the receiving waters; (E) violation of any terms or conditions of the permit; aw (F) misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required: reporting; (G) to correct typographical or other errors in the permit; (H) to reflect transfer of the facility ownership and/or operation to a new owner/operator; (I) to revise or grant a variance from categorical pretreatment standards pursuant to 40 CFR 403 . 13 ; and (J) upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations. (2) The filing of a request by the permittee for a permit modification, revocation and reissuance, or_ termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. (i) Permit Duration. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements as identified in this ordinance are modified or other just cause exists. The user shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. Users must submit a new application 90 days before the expiration of their permit. (j ) Permit Nonuse. Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new wastewater discharge permit. SECTION 8 . REPORTING REQUIREMENTS FOR PERMITTEE. (a) Compliance Date Report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the POTW, any user subject to waste.ord -24- 7d - 42 pretreatment standards shall submit to the Director a report indicating: (1) the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards; (2) the average and maximum daily flow for these process units in the user facility which are limited by such pretreatment' standards; (3) whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to ,bring the user into compliance with the applicable pretreatment standards. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional. (b) Periodic Compliance Reports. (1) All significant industrial users shall be monitored for the pollutants regulated in their respective permits and shall submit periodic compliance reports as requested by the Director. (2) Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the Director during the months of June and December, . unless required more frequently in the pretreatment standard or by the Director, a report indicating but not limited to: (A) the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards; and (B) the flow (average daily and maximum daily) from process and nonprocess wastewater discharges. At the discretion of the Director and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc. , the Director may agree to alter the months during which the above reports are to be submitted. (3) The Director may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases, the report required by (b) (2) of this section shall indicate the mass of pollutants regulated by'pretreatment standards-. in the effluent of the user. (4) The minimum frequency of monitoring shall be prescribed in the applicable pretreatment standard. All analysis shall be performed in accordance with procedures established by the waete.ord -25- 7d-3 Administrator pursuant to Section 304 (g) of the Act and contained in 40 CFR, Part 136 , as amended, or with any other test procedures approved by the Administrator. Sampling shall be performed in accordance with the techniques approved by the Administrator. (5) Where 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question sampling and analysis shall be performed in accordance with the procedures set forth in the EPA publication, Sampling and Analysis Procedures fore Screening of Industrial Effluent for Priority Pollutants, April, 1977, as amended, or with any other sampling and analytical procedures approved by the Administrator. (c) Reporting Requirements for Categorical Industrial Users. (1) Baseline Monitoring Report (BMR) : Within 180 days after the effective date of an applicable categorical pretreatment standard or within .180. days. .after the final decision on. a category determination request submitted under 40 CFR Part 403.6(a) , whichever is later, existing industrial users must submit a BMR to the City (in a form provided by the City) which indicates the compliance status of the user with the categorical pretreatment standard [40 CFR 403 . 12 (b) ] . New sources must submit a BMR at least 90 days before commencement of the discharge of wastewater into the POTW, which contains the information delineated in 40 CFR Section 403 . 12 (b) (1) to (5) . (2) Contents. The BMR must contain: (A) the name and address of the facility including the name of the operator and owners; (B) a list of environmental control permits held by or for the facility; (C) a brief description (including a flow-diagram of regulated processes) of the nature, average rate of production; (D) SIC codes of the operations; (E) the measured average daily and maximum daily flow from regulated process streams and other streams as necessary for using the combined wastestream formula; (F) the results of sampling and analysis' identifying the nature and concentration or mass of the regulated pollutants-in each regulated- process '.-discharge (i) the indirect discharger shall provide the concentration or mass as required by either the pretreatment standard or the City; waste.ord -26- 7d - 3/ t (ii) where feasible, the indirect discharger shall use flow proportional composite sampling techniques specified in the applicable standard; ( iii) if flow metering is not available, then time proportional composite sampling techniques may be used; (iv) when composite sampling is not feasible, a grab sample is acceptable; (G) the time, date, and place of sampling; (H) the methods of analysis; (I) certification that the sampling and analysis is representative of normal work cycles and expected pollutant discharges; (J) an authorized representative's certification, endorsed by a qualified professional, that pretreatment standards are or are not being met on a consistent basis; (K) if not being met, a compliance schedule for implementing additional operation and maintenance (O&M) and/or pretreatment necessary for meeting the applicable standards and requirements; - (L) a compliance, schedule for an indirect discharger if a regulated indirect discharger is not meeting the applicable pretreatment standards and its BMR contains a compliance schedule. The compliance schedule must: (i) contain the schedule by which the industrial user will provide the additional O&M and pretreatment necessary to comply with the standards in the shortest period of time; (ii) contain increments of progress for the start and finish of major events leading to construction and operation of the necessary O&M and pretreatment. No increment of progress shall exceed nine months ; the completion date shall not be later than the compliance date for the applicable pretreatment standards; (iii) TTO monitoring must be submitted in the BMR for all categorical industries subject to a TTO standard except those facilities that plan- to use alternate oil and grease limits provided in the aluminum forming, copper forming, and coil coating regulations; and (M) the sampling frequency established in the general pretreatment regulations 40 CFR 403 if the flow is: vaete.ord _27_ (i) less than or equal to 950, 000 liters per day (approximately 250, 000 gpd) , the industrial user must take three samples within a two-week period; or (ii) greater than 950, 000 . liters/day (approximately 250, 000 gpd) , the industrial user must take six samples within a two-week period. (d) Report of Changed Conditions. Each industrial user is required to notify the City of any planned significant changes to the industrial user' s operations or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days before the change. The City may deny or condition new or increased discharges of pollutant or changes in the nature of pollutants, to the POTW by industrial users where discharges do not meet applicable. pretreatment standards and requirements or where discharges would cause the POTW to violate its NPDES permit. (1) The City may require the industrial user to submit information as the City determines is necessary to evaluate the changed condition, including, but not limited to the submission of a wastewater discharge permit application under Section 7 . (2) The City may issue a wastewater discharge permit under Section 7 (d) or modify an existing wastewater discharge permit under Section 7 (h) . (3) An industrial user shall not implement the planned changed conditions until the City has responded to the industrial user' s notice. (4) For purposes of this section, flow increases of ten percent (10%) or greater, and the discharge of any previously unreported pollutants, constitutes a significant change. (e) Report of Violation; Repeat Sampling and Reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the City within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs sampling between the industrial user' s initial sampling and when the industrial user receives the results of this sampling. (f) Report of the Discharge of Hazardous Waste [ (40 CFR 403 . 12 (p) (i) (2) ] . (1) Any industrial user who commences the discharge of hazardous waste shall notify the City, the EPA Regional Waste uaste.ord _28. f�_ 33' Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. This notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other) . If the industrial user discharges more than 100 kilograms of the waste per calendar month to the POTW, the notification shall also contain the following information to the extent the information is known and readily available to the industrial user: (A) an identification of the hazardous constituents contained in the wastes; (B) an estimation of the mass and concentration of the constituents in the wastestream discharged during that calendar month; and (C) an estimation of the mass of constituents in thewastestream expected to be discharged during the following twelve(12) months. (2) All notifications must take place no later than 180 days after discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under Section 7 (d) . The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this section. (3) Dischargers are exempt from the requirements of Paragraph 1 above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless wastes are acute hazardous wastes as specified in 40 CFR 261. 30 (d) and 261. 33 (e) . Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 •CFR 261. 30 (d) and 261. 33 (e) , requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification. (4) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the City, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of such regulations. (5) In the case of any notification made under this section, the industrial user shall certify that it has a program vas:e.ord _29_ f • • in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical . (g) Timing. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt. of the report shall govern. (h) Wastewater Survey Requirement. When requested by the City an industrial user must submit information on the nature and characteristics of its wastewater by completing a wastewater survey before commencing its discharge. The City is authorized to prepare • a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of this ordinance. (i) Report Certification Statement (40 CFR 403 .6 (a) (2) (ii) . All reports submitted shall contain the following certification statement and shall be signed by the authorized representative for the user: "I ' certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. " (j) Retention of Records. (1) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the City at any time. (2) A11 records that, pertain to matte=rs: that are: th.e: subject of special orders or any other enforcement or litigation activities brought by the City shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. vaste.ord -30- /7d -35 (k) Records Request. All records relating to compliance with pretreatment standards shall be made available to officials of the City or EPA upon request. SECTION 9 . MONITORING FACILITIES. (a) Location. The City may require to be provided and operated at the user' s own expense, monitoring facilities to allow inspection, sampling, and where necessary flow measurement of the building sewer or internal drainage systems. The monitoring facility should normally be situated on the user' s premises, but the City may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public right-of-way area and located so that it will not be obstructed by landscaping or parked vehicles. (b) Construction and Maintenance. Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the City' s requirements and all applicable local construction standards and specifications. Construction shall be completed within an adequate time frame as established by the City. There shall be ample room in or near the sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, "sampling, and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of ,the user. SECTION 10 . INSPECTION AND SAMPLING. (a) Access to Premises. The City shall inspect the facilities of any user to ascertain whether the purpose of this ordinance is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or their representative ready access at all reasonable times to all parts of the premises for the purposes of: (1) inspection; (2) sampling; or (3) records examination or in the performance of any of their duties. (b)~ Security Identification. The City., state, and EPA shall have the right to set up on the user' s property at any time such devices as are necessary to conduct compliance monitoring or metering operations . Where a user has security measures in force which would require proper identification and clearance or devices before entry into their premises, the user shall make necessary waste.ord _31_ 7c2 -3b arrangements with their security guards. or personnel so that upon presentation of suitable identification, personnel from the City and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. The City and EPA shall conform with all safety requirements routinely required by the user of the user' s employees and guests. (c) Search Warrants. If the City has been refused access to a building, structure, or property or any part thereof, and if the City has demonstrated probable cause to believe that there may be a violation of this ordinance or that there is a need to inspect as part of a routine inspection program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Municipal Court Judge of the City shall issue a search and/or seizure warrant describing the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. The warrant shall be served at reasonable hours in the company of a uniformed police officer of the City. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant. (d) Analytical Requirements. All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. (e) Sample Collection. (1) Except as indicated in (e) (2) below, the industrial user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the City or the permit may authorize the use of time proportional sampling or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. (2) Samples for oil and grease, temperature, pH, cyanide, phenols, toxicity, sulfides, and volatile organic chemicals must be obtained using grab collection techniques. (f) Determination of Noncompliance. The City, State or EPA may use a grab sample(s) to determine noncompliance with waate.o=d -32- pretreatment standards. SECTION 11. PRETREATMENT. Users shall provide necessary wastewater treatment as required to comply with this ordinance and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment standards. Any facilities required to pretreat wastewater ' to a level acceptable to the City shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review, and shall be acceptable to the City before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the City under the, provisions. of this ordinance.. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the City prior to the user's initiation of the changes. SECTION 12 . CONFIDENTIAL INFORMATION. (a) Information and data on a user obtained from reports, questionnaires, permit applications, permits• and, monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the City that such information is excepted to public disclosure by Article 6252-17 (a) , Vernon's Annotated Texas Civil Statutes. (b) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon request to governmental agencies for uses related to this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, State Disposal System permit or the Pretreatment Programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents. and characteristics will not be recognized as confidential information. SECTION 13 . ENFORCEMENT. (a) Harmful Discharges. vaete.ord _33_ 1/4 -38' (1) The City may suspend the City provided utility services (including, but not limited to water service) or a permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the health or welfare of persons, to the environment, causes inhibition or interference to the POTW or causes the City or POTW to violate any condition of its NPDES permit. (2) Any person notified of a suspension of the City provided utility services (including, but not limited to water service) or the permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or danger to any individuals. (3) The City shall reinstate the permit or the City provided utility services upon proof of the elimination of the non- complying discharge. A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the City within 10 days of the date of occurrence. (b) Revocation of Permit. The City may revoke a user's permit if the user violates the requirements of this ordinance, or applicable state and federal regulations, including, but not limited to: (1) failure to factually report the wastewater constituents and characteristics of its discharge; (2) failure to report substantial changes in operations, or wastewater constituents and characteristics; (3) refusal of reasonable access to the user' s premises for the purpose of inspection or monitoring; (4) violation of a condition of the permit; (5) Failure to notify the City of significant changes to the wastewater prior to the changed discharge; (6) Failure to provide prior notification to the City of changed condition pursuant to Section 8 (d) ; (7) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; (8) Falsifying self-monitoring reports; was.e.ord -34- �� -.-3 ? (9) Tampering with monitoring equipment; (10) Refusing to allow the City timely access to the facility premises and records of the user; (11) Failure to meet effluent limitations; (12) Failure to pay fines; (13) Failure to pay sewer charges; (14) Failure to meet compliance schedules ; (15) Failure to complete a wastewater survey or the wastewater discharge permit application; or (16) Failure to provide advance notice of the transfer of a permitted facility. (c) Notification of Violation. Whenever the City finds that any user has violated or is violating this ordinance, permit, or any prohibition, or limitation of requirements contained herein, the City may serve upon such person a written notice stating the nature of the violation. A report addressing the following must be submitted within 10 days of receiving this notice•: (1) nature of the violations; (2) cause (s) or possible cause(s) of the problem(s) which resulted in the violations; and (3) action(s) taken to ensure compliance. (d) Show Cause Hearing. (1) The City may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. (A) A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding: ( i) the violation; (ii) the reasons why the action is to be taken; and (iii) the proposed enforcement action, and directing the user to show cause before the City Council why the vaate.o:d -35- ��"� proposed enforcement action should not be taken. (B) The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least (ten) days before the hearing. (C) Service may be made on any agent or officer of a corporation. (2) The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to: (A) issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings; (B) take the evidence; and (C) transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon. (3) At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. (4) After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period: (A) the sewer service be discontinued; or (B) penalties assessed unless adequate treatment facilities, devices or other related appurtenances shall have been installed; or (C) existing treatment facilities, devices, or other related appurtenances are properly operated; or (D) further orders, directives and agreements as are necessary and appropriate may be issued. (e) Compliance Orders.- When the City -Council, finds ..that a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued under this ordinance, or any other pretreatment standard or requirement, the City Council may issue an order to the user responsible for the discharge, directing that the user come into compliance within a specified time period waate.ard -36- not to exceed 180 days. If the user does not come into compliance within the specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional selfmonitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user. (f) Cease and Desist Orders. (1) When the City finds that a user is violating this ordinance, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City may issue an order to the user directing it to cease and desist all violations and directing the user to: (A) immediately comply with all requirements; and (B) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge. (2) Issuance •of a cease and desist order shall not be a prerequisite to taking any other action against the user. (g) Legal Action. (1) If any person discharges sewage, industrial wastes or other wastes into the City's wastewater disposal system contrary to the provisions of this ordinance, federal or state pretreatment requirements, or any order of the City, the City Attorney may commence an action for appropriate legal or equitable relief in the municipal, county, district or state court having jurisdiction. (2) The revocation of a permit or discontinuance of water/sewer services does not negate the City' s right to seek other legal remedies including, but not limited to: (A) civil fines; (B) injunctions; or (C) the recovery of cost of damages and other incurred cost to the City. waete.ord _37- (h) Publication. The City shall annually publish a list of the users which significantly violated pretreatment requirements, as defined by 40 CFR 403 . 8 (2) (vii) , during the previous 12 months. SECTION 14 . SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases 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 15. PENALTY. That the violation of any pretreatment standard or requirement, or any provision of this ordinance, relating to sewer service shall be deemed an offense and punishable by a fine not exceeding Two Thousand Dollars ($2, 000) , and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby declared• to be a distinct and separate offense and punishable as such. As used herein, the term violation includes exceeding any discharge limit or parameter for which a single sample is analyzed. SECTION 16. 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. PASSED AND APPROVED ON THIS DAY OF , 1992 . MAYOR ATTEST: CITY SECRETARY uaste.ord -38- r APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: waate.ord -39- City of Southlake,Texas CITY MANAGER MEMORANDUM - yam September 9, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: "NO SMOKING" ORDINANCE NO. 537, SECOND READING The proposed "No Smoking" Ordinance No. 537 comes before City Council on second reading following review at first reading -on September 1, 1992. A number of suggestions regarding enforcement and scope of authority were made at first reading and these changes are being incorporated into the Ordinance by the City Attorney's office. Staff requests that this item be continued to the next City Council meeting on October 6 to allow the City Attorney's staff to complete the identified changes. CT ORDINANCE NO. AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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, there is a substantial body of evidence which concludes that the smoking of tobacco may be a danger to health and a health hazard to those who are 4 present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Southlake, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both private and public, within the City of Southlake, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Definitions The following words and terms when used in this Article and Section, unless otherwise defined within, shall be understood to mean: • 1.1 "Employee" - means any person who is employed by any employer for direct or indirect monetary wages or profit. 1.2 "Employer" - means any person who employs the services of an individual person. 1.3 "Enclosed" - means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. 1.4 "Food Products Establishments" - means an operation that sells food for human consumption and includes restaurants of any kind, but does not include grocery stores. 1.5 "Health Care Facilities" - any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological and psychological conditions. 1.6 "Person" - shall include associations, firms, partnerships and corporations, as well as individuals or groups of individuals. 1.7 "Public place" - means any enclosed area to which the public is invited or in which the public is permitted, and includes, but is not limited to: stores, offices, theaters, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities, but does not include the officers or work areas of workplaces not entered by the public in the normal course of business. A private residence is not a public place. 1.8 "Smoking" - means the possession of, or emitting or exhaling the smoke of, burning tobacco, weed, or other plant product. 1.9 "Workplace" - means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment. A private residence is not a place of employment. SECTION 2. General Provisions 2.1 The owner, operator, manager, employer, or other person having control of any area where smoking is to be prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within twenty feet (20') of the entrance to such area where smoking is to be prohibited as provided by this Article. 2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking, City of Southlake ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking. 2.3 Nothing in this Article or Section shall require the owner, operator, manager, employer, or other persons in control of any building, facility, room, establishment or structure to incur any expense to make structural or other physical modifications to comply with the terms and conditions of this Article and Section. The posting of signs or the slake\smoking.ord(91592) Page 2 equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be infeasible structural changes. 2.4 Nothing in this ordinance shall be construed to permit smoking where it is otherwise prohibited by law or regulation. 2.5 Nothing in this ordinance shall be construed to preclude any owner or other person having authority to manage and control any public place or place of employment from prohibiting smoking to a greater extent than is provided by this ordinance. SECTION 3 Smoking Prohibited in Certain Designated Areas and Public Places 3.1 An owner, operator, manager, employer, or other person having control of any building or area within a building may designate all or any part of such building area thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the provisions of this Article and the posting of notice as herein required. 3.2 A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in any of the following indoor or enclosed areas: (a) an elevator used by the public; (b) any public place of any facility owned, operated or managed by the City, including but not limited to any public meeting room, conference room, restroom or public service area; (c) any retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store, department store, and the public places within financial institutions; (d) every publicly or privately owned theater, auditorium, or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, performing arts, museum displays, athletic event, or any other performance or event; (e) all areas which have been properly designated by the owner or controlling management as "nonsmoking" areas in accordance with Section 3.1 of this Ordinance; (f) any facility of a public primary or secondary school; (g) designated nonsmoking areas of food products establishments as set forth in Section 4 of this Ordinance, provided that the owner has posted notice as required by section 2.1 of this Ordinance; slake\smoking.ord(91592) Page 3 (h) designated nonsmoking areas of workplaces as set forth in Section 5 of this Ordinance, provided that the employer has posted notice as required by section 2.1 of this Ordinance; (i) health care facilities; provided that the owner or other person with authority to manage and control such facility may designate separate rooms, including in-patient sleeping quarters, or areas as places where smoking is permitted, using existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent no-smoking areas. In no event shall smoking be permitted in any health care facility corridor providing direct access to in-patient sleeping quarters; 3.3 The owner or person in control of an establishment or area described in section 3.2(c), 3.2(d) and 3.2(f) may designate an area with the establishment as a smoking area provided that: (a) the area may not include the entire establishment; (b) the area may not include cashier areas or over the counter sales areas; (c) the area may not include the viewing area of any theater or movie theater; (d) the area may not include the entire lobby; (e) the area in which smoking is permitted utilizes existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent nonsmoking areas. 3.4 It is a defense to prosecution under this section if the person was smoking in an area that was: (a) a designated smoking area of a facility or establishment described in section 3.2(c), 3.2(d), and 3.2(f) of this section which is posted as a smoking area with appropriate signs. (b) an administrative area or private office of an establishment described in section 3.2(c), 3.2(d), 3.2(f), or 3.2(i). (c) a retail or service establishment which is primarily engaged in the sale of tobacco products or smoking implements; (d) a retail or service establishment which is a food establishment regulated by section 4 of this ordinance. slake\smoking.ord(91592) Page 4 SECTION 4 Food Products Establishments 4.1 A food products establishment which has indoor or enclosed dining areas with seating arrangement for 50 or more patrons shall provide separate indoor or enclosed dining areas for nonsmoking patrons. A nonsmoking area must: (a) be separated, where feasible, from smoking areas by a minimum of four feet (4') of contiguous floor space; (b) utilize existing physical barriers and ventilation systems to the greatest extent possible to minimize the smoke in adjacent no-smoking areas, and be situated where feasible so that air from the smoking area is not drawn into or across the nonsmoking area. (c) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (d) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. 4.2 A food establishment which has indoor or enclosed dining areas with seating arrangement for less than fifty (50) patrons may provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. If the owner or person in control of such a food products establishment does not designate a nonsmoking area, signs stating "This establishment does not provide a nonsmoking area" shall be posted at all exterior entrances to such establishment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. 4.3 Nothing in this section shall be construed to prevent an owner or person in charge of a food products establishment from designating the entire establishment as nonsmoking. 4.4 Each food products establishment with seating arrangement for fifty (50) or more patrons which has a dining area shall: (a) have and implement a written policy which conforms to this chapter and is kept on file on the premises; (b) make the policy available for inspection by employees, the controlling authority of the food products establishment, and municipal enforcement personnel; (c) have signs at the establishment's entrance indicating that nonsmoking seating is available. slake\smoking.ord(91592) Page 5 4.5 Nondining areas of any food products establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms and cashier areas shall be designated as nonsmoking areas. 4.6 It is a defense to prosecution under this section that the food products establishment is: (a) an establishment which has indoor seating arrangements for less than fifty (50) patrons; (b) an establishment which has more than seventy percent (70%) of its annual gross sales in alcoholic beverages; or, (c) a physically separated bar area of a food products establishment otherwise regulated by this Ordinance. 4.7 It shall be unlawful to operate a food products establishment without complying with this Ordinance. SECTION 5 Smoking in the Workplace 5.1 Within three (3) months from the effective date of this ordinance, every employer within the City of Southlake who owns, occupies or controls a workplace shall adopt, implement and enforce a written policy on smoking that: (a) conforms to this Ordinance and Section; (b) reasonably accommodates the interests of both smokers and nonsmokers but minimizes the involuntary exposure of nonsmokers to second-hand smoke; (c) designates nonsmoking areas so as to use existing structural barriers and ventilation to minimize involuntary exposure of nonsmokers to second-hand smoke; and (d) establishes a procedure for addressing employee disputes and objections arising under the no smoking policy; (e) contains a statement that the employer shall not discharge, retaliate, or discriminate against any employee who: (1) files any complaint or causes any proceeding to be instituted under or related to this chapter; (2) testifies or will testify in any proceeding instituted under this chapter; or, exercises on his own behalf or the behalf of others any right afforded by this chapter. slake\smoking.ord(91592) Page 6 5.2 Employers shall provide conspicuous signage indicating nonsmoking areas; 5.3 Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. 5.4 Employers shall supply a written copy of the smoking policy to all current employees within three (3) weeks of the date of the adoption of the policy, and to all future employees at the time of their entry into employment. 5.5 It shall be unlawful for an employer to operate a workplace without complying with the requirements of this Ordinance. SECTION 6 Enforcement Any person who violates this ordinance shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 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 9 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 slake\smoking.ord(91592) Page 7 City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10 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 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 11 This ordinance shall be in full force and effect from January 1, 1993, after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY slake\smoking.ord(91592) • Page 8 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. • MAYOR A LEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f ._ slake\smoking.ord(91592) Page 9 City of Southlake,Texas CITY iA?4 j} MEMORANDUM September 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 520-A, Wastewater Rate Change On September 1, the Council approved on first reading the change to wastewater rate for residential and commercial customers. This is a revenue-neutral change in the wastewater rate structure, which establishes a base minimum rate and a volume charge. The rate would charge all customers a minimum of $9.50 (includes 2, 000 gallons) , plus a volume rate of $1. 92 per thousand. Residential maximum wastewater bills would be $24.86 (10,000 gallons) , which is $. 14 less than the current residential charge. Adoption of this rate will change a minimum billing for all services, (water, wastewater, garbage, sales tax) from $58.92 to $43 .42 , a decrease of $15.50. It is recommended that the wastewater rate changes be approved September 15 on the second reading of the ordinance. )11 . 1.kblti64 ORDINANCE NO. 520-A r AN ORDINANCE AMENDING ORDINANCE NO. 520 OF THE CITY OF SOUTHLAKE, TEXAS; REVISING THE RATE FOR SANITARY SEWER SERVICE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY • • " PROVIDING AN kaiTECTIVE DATE. WHEREAS, the City of Sour I - e, Texas is a home rule city acting under '- c arter adopted by the electorate pursuant to Article XI, Section o e Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS,, the City of Southlake has heretofore adopted Ordinance. No. 520, establishing rates for water service and sanitary sewer service within and outside the city limits of Southlake; and WHEREAS, the City Council of the City of Southlake now deems it necessary to revise rates applicable to the providing of sanitary sewer service as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 That. section 2 of Ordinance No. 520 is hereby amended to read as follows: A. The following rate schedule is hereby adopted for sewer service for residential and commercial subscribers to the Southlake Municipal Water System, whether within or outside the city limits of the City of Southlake: First 2,000 gallons of water used $9.50 Each 1,000 gallons or any portion thereof in excess of 2,0.00 gallons $1.92 B. For premises which are not subscribers to the Southlake Municipal Water System. but which utilize sewer service from the City of Southlake, the rate • slake[[\sewer.ord(8/28/92) 1 f' Ilr , for sewer service shall be established by the Director of Public Works as a monthly rate based upon a determination of an average monthly usage by similar premises which are subscribers to the Southlake Municipal Water System. C. The maximum monthly sewer bill for a residential customer shall be $24.86. SECTION 2 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. All other provisions in Ordinance No. 520 which are not amended hereby shall remain in full force and effect. • SECTION 3 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 4 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. IIIslakeIl\sewer.ord(8/28/92) 2 7y- rASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1,1 ' , 1992. ;I i, MAYOR I j ATTEST: C i. ' f' CITY SECRETARY ii PASSED AND APPROVED ON SECOND READING ON THIS DAY OF i; , 1992. i is MAYOR 0 il ii A u i .ST: 11 CITY SECRETARY . APPROVED AS TO FORM AND LEGALITY: City Attorney F. Date: i ADOPTED: EFFECTIVE' ' ' - , i • ,i slak !l\sewer.ord(8/28/92) 3 h ,, 7yl -- City of¢outhlake,Texas MEMORANDUM September 8, 1992 TO: Curtis E. Hawk, City Manager • FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-35 Zoning Change Request REQUESTED ACTION: Zoning change request for 22.27 acres situated in the R. D. Price Survey, Abstract No. 1207, Tracts 2F, 2F6, 2F7, 2F8, 3B1, 3B1A, 3B1B, and 3B1C. LOCATION: 2930 Ridgecrest Drive, located on the west side of Ridgecrest Drive, South of the Kidwell Addition. OWNER: Plano Bank and Trust AGENTS: Ron Rodenberg and Bob Bronstad CURRENT ZONING: "SF-1A," Single Family-lA Residential REQUESTED ZONING: "AG," Agricultural LAND USE CATEGORY: Low Density Residential BACKGROUND INFO: This property • was rezoned to "SF-1A" 'with the adoption of Ordinance No. 480 in September, 1989. NO. NOTICES SENT: Nineteen (19) RESPONSES: None P & Z ACTION: September 3, 1992; Approved (6-0) STAFF COMMENTS: The agents have indicated that the potential buyer would like to continue the existing use of residential/equestrian stables and would like to add a new covered arena and show ring after purchase. In the near future, the new owner will apply for a specific use permit to expand the equestrian use and will plat the property into one large lot. KPG gA - I CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: Aug. 10, 1992 (^ Case Number: ZA 9Z-3.5 Fee: $100 .00 Receipt No. "�'� PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) . (if different) Name: Ron Rodenberg . Plane Rank Tr„Gt Agent: Ron Rodenberg or Rnh 1:1rnnatar9 Ross E . Hanna 8LYnl Address : 1001 E . Northwest Hwv.Stu. A 1105 West 15th St. Box xslagg Grapevine, Texas 76051 Plano , Texas 75086 -9:1' Telephone: 481-1217 pager# 671-6040 B. PROPERTY DESCRIPTION: Legal Description: ( ) Property is unplatted according to the County Deed Records Vol . , Page . It is shown as Tract of the Survey, Abst. No. , City Tax Records . • ( x ) A metes and bounds description is attached. ( ) Property is platted and described as : Subdivision Name : Block , Lot(s ) ; Block , Lot(s) ( ) Address of Subject Property: Property Location: 2930 Ridgecrest Southlake Texas 76092 Acreage: 22 . 27 Acre Tract in the R.D. Price Survey AB# 1207 ( ) A typed mailing list of all property owners within 200 feet of the subject property is attached. ( x ) A current survey or plat map is attached. ( ) A concept plan shall be submitted for "CS" , "SF-30" , "SF-20A" , "SF-20B" , "MF-1" , "B-1" , "B-2" , "HC" , "S-P-2" zoning requests . (Required prior to development site plan submittal, but optional at the time of zoning request for "0-1" , "0-2" , "C-1" , "C-2" , "C-3" , "C-4" , "I-1" , "I-2" zoning districts . ) ( ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . /A2 y of Southlake pplication for Change of Zoninci= Page Two C.I/IIII NATURE OF THE REQUEST: Present Zoning: Single Family lA Requested Zoning: Agricultural Existing Use: Equestrian Center Proposed Use: Equestrian Center Reason for Requesting.:the Change: To make application For Specific Use Permit for riding arena. D. AUTHORIZATION BY OWNER(S) : I (We) hereby authorize the City of Southlake and its employees to enter upon the premises herein above described at all reasonable times for the purpose of erecting, maintaining, or removing signs to notify the public of the pending zoning application and/or public hearing concerning said application. I (We) release the City of Southlake and its employees from liability for any damages which may be incurred to my (our) property in the erecting, maintaining, or removal of said signs . I (We) further understand that it is necessary for me (us) to be present at the Planning and Zoning Commission and City Council public hearings . f Ross E . Hanna Aug 10, 1992 Signature of Owner Name Typed or Printed Date • E. AUTHORIZATION IF AGENT INVOLVED: I , Bass E. Hanna , owner of the aforementioned property do hereby certify that I have given my permission to Ron Rodenberg or Bob RrnnstA0 act as my agent for this rezoning request. 5 %" Rnas F uaana Aug10 . 1992 Signature of Owner(s) Name Typed or Printed Date Before me( a Notary Public, on this day personally appeared foss ci,frc_,. n : known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this I day of ,ua 4c7,CA-A,,t, --11-)1,7it,nt.C-k--Q_J NOTARY PUBLIC IN AND FOR TEXAS ' My Commission expires the /3 day of d"I) , 19 7o . 000000000000oocr0000000000000coco 8 KARRI L. NIMMONS g ` Notary Public,State at Texas $ . ;‘: My Commission Expires 07-13-1996 1 ccoo�ecc000000cc000ccoc�cco,00,o A_3 /11-1).1417 • • SITE AhALYS IS_.' - -_ 2 1=Y • M • - -Y ~ectste1=i`s 1 ocated_=at'2930 Rid ec=est,Drive' Sou- ' = i c •L "=' •.�•:;:r ��'�•s.a•.a-'�:s_.,+:c^',. 'ti-.'a .'r:. ,�y I �� ...�� .._•:. • --rsw;.i i'.� +:.�.• Y'-::_'^` r.;�-.-... ,.. 3:=�fS+DS,+�i ,�ci Tarrant•:Count as. Thisrisiteits locateci approximately;none-�aalf m le``"' • _ t,. -�r'rr� ...[�'� n+a..r aY-.�F=�w ..h:�i,..;..� `-ise< . • orth df tie iiitersectiQn o dgecrest;rDrive and Eas8 Do�re`Stree n = _:,,;,;rt -, „•i-`y,^c?�"�•.3ncwzw. D' Se$'_ • •�.�r 5-;:-�at�„--_s-._•V{k.:.:^sue Fr.;�a'�'o"'.::"`r':�»�- t .O = _ west side-of .Rid Dr -r.-_ _.�,.: _ � r :� :: ; 4- pp' ire. - �s:.:-`-= �_ • iic^s "� The':informat on_tielow:=is a':bri s o sis-.-of t e--s e` of yn p he '-sit g rieral"c• haracteristics • • _. • . •. • • Size: 3.972 acres (Tract A - residence site) • 18.298 acres (Tract B - farm site) 22.270 acres (Total estate) Shape: Basically rectangular Frontage: Approximately 680. 98' along the west side of Ridgecrest Drive. Topography: • The site is at street grade level with a gentle slope upward to the midpoint leveling at the top. Floodplain: According to the floodplain naps for Southlake , the site does not lie within any known flood area. Soil : ., soili_ analysis has not been obtained ay the appraisers . However, a.. -nspect:o:: a_ :he surrounding improvements in the neighborhood did not reveal any evidence o= structural damage caused by unstable soil. Access : Access , as well as ingress/egress to the site is provided by Ridgec_estrive which intersects with East Dove Street east to Carroll Road south to State Highway L 4 Surrounding Land Use: `orzh ,. Vacant/Hors:e Fa= South: Vacant/Horse Farm East: Single-family residence 'West: Vacant/Horse Farm Easements: No easements that would adversely affect value or marketability of 'the subject site were noted from a review of the survey. OA-4 • EQUINE IMPROVEMENT ANALYSIS • • The- improvements:.relative to Tract B .of the subject estate.are-_` :: currently,.being-utilized for the boarding; training and raising,:of:quarter= = horses.': • The improvements consist of two horse barns, one metal storage-building and two horse shelters. The equine facilities are described subsequently. Main Barn This barn totals 9,422 square feet and is constructed of metal and tiltwall construction with rock inlays and 10 foot eave height. Situated in a concrete slab, this building has 21 stalls , two .grooming stalls, tack room, an office and restrooms . Other features include a 1,600 square foot courtyard area, water piping to each and four roll-up metal doors. Secondary Barn • This barn totals 4 , 950 square feet and is constructed of fetal walls and roof. Situated on a concrete slab, this building has 11 stalls, two grooming stalls , two tack rooms and a 1 ,000 square foot courtyard area. Three stalls of :his were constructed eight years ago, !with the remainder added approximately one year ago. U .___t :!S-ora,. _. This ... _- ted ... _.. _ -r _._.._ret_ ::lab with a foot ea-:•: r:. asures This _here -o shelters are of n_:a_ co:._,. =.:ct_cn with one cren side and dirt floor_n.g. They are r _a_ed ..eparately .:.. t.... _..:bjecz grr nds . The rerlaining ':pr_ .e-_n__ 'c" cws S= board -'" .t-...__. pour septic tanks • Two sha__o'.. water wells and pumc .Jndergro; ._d e1ec_rcal and water service . The construction quality of all equine abbear :c be soot an' of high standard. YA-5 • NOOPISON C • 1 A rRO171Ir6OM ' • M HAZELTON -,.....-- 41 I . ' . \-_-_i -t • • R:PRICE _ T ------ l� H•ru ROOr ♦• F o ± I1 I 'I� 'II• R WINCE ``ez. ra �%'; i •' • •'•,•I I •- ^' i i 1,l=' 1 i 1 1 ' , ' �� 't: F HARRIS I ffr-'" • i •:. I YANAFFEr ~r— \\1 .'!M �1�..-.�1 - _-_i--. .L.11.:-__ niner..!r-.474-..n.: ;71 I,i:,li it I \ '• .,� t• ! — \ J 1n2WELL . ^,�-- Cwi[=- t `_^ 14a• JO JOKES I r.f.L, d M LLS ,I ✓� 1 •-� :.i'. -J no PUKE , J WIZWELL A-Err -OW :/ j jsr ... ..may\ � _ aF; ��jIc 1 DEMON r � y�l j • 7,7J imifrI , � � MARRIS- - �� _ .... :. '•�'HI �: l'.,. -;.' II • ; =y ^�/.'if,=iJL it1� -- t •.!' D Dou�rwrt -�d I --il I -.' \ ` - `i 11 • F•_� xeffi � }" C.. VV\ � I ` 4.dr ,z73 . . m:a! 3tt — :Z. MWOGE/t ) \ ...d-"" .74.F.:(11)•‘.; ••• • . I 1 'r '1:'.11—.7 TL-1\-- - . 1 : •-•, ii 7....„7- .• • s.',-\, I____1 Ap7- forof—• ii ""; • -� - -. ; ' l I " r mil 1�� _ t _�< <I ; 1i � -tee �...:1' 1 i__ w. —_• r•mm r i ITS/s, _ • . • ,. 1"T •7 r � t I Its ! 1P!!IIL . !`-�_--�7'- 4 1 RI ittA$T5H W,ORD PP,',.S"y ii W.LCH!N • t �'ES �. E '•1 EMS— W.'= TI).1 0PSOP:1" __„#- idAC:D:LSR4CC,C.&t�,i .•j i S.W. it4AN P,1 — ........._„" I. :i'"y`..e._ J .r..a.-.a_W 1 .rrr'—{` ...T �. , • 1 ice. —�' j .a_ h-*ts4tti-F- r•yiJ Nv- �1 .,3! F-ESS"- •� \ „. -_— ..I -- Y--' - T_r—,I I ;'r I hilliimit `_' ''_��•-tV1T10�In _' ''--.- 't„I`j i I • M fSr ".". . ..I '1 , i 1 I i 1 --.,re r_'__=—i I I i•4z' 3 ' �q, ' I.. y.A$,b-tu I t.. , F I I; I , 1-.1.i, l i 1i --..- -- " -. �D I z ti 1—�' ., -- r D •_ "� •_i I 1 __u I I I� (', r y_,V :\ �, OLD!OFL„ 'GCF_ SSt� 1 •\^, : ! i'41' oil :"1 � -Y`,;y"`'� 1- \ y/'. - — : 1 •. \ .� ,.. Dor- 1 • W -sue y. .. ^I(— \ '� 1-4t,�0 ;;yCS .'. H... .___ ..1 TRACT LOCATION MAPZ. r Lc • .. .g iII _AMKGA! r:. cmcvEZS tisALC... C.cwtV!2S - F. ;O+.a&,,.+•'*. _N;1411 if4_ .�far `.a. - '�"'' ... ,,,, • . . . , III 1• I • ...... ' S ' f ►C ]...7. fTIN // .._ I ' 1,1/ ' 4 . . _.n ADJACENT OWNERS Sc, ZONING \•�.IR .0 I. .c ��l % 9a s9g9p a �� 3 f Ie 7 ]e 4 ►►�� O PR Y t.ue ►e O. e ��IUrV A5.P 207 eal,a.�" �� , 10 cy , 1 pkloa10E ] TALf TaLII ] i '� N 11 • A, ,,,av 0 �— Kidwell, S.G. Ap +_ �•\ f• A- Kaiser, Wm. C + "SF-1" \�; • Kidwell, S. L �1 I 1� 1' _ . , / ' Massey, William Earl KI�w�L I-I I`IO� A �� k. pi y 1 • Morris, D. 4'! • /V 7.704 II11.09e f 3.0 f 1' ®,' - Ita"I SCarmardo, Jo Ann Fryer a „AG„ , sage f o 1; ti 1 "SF_1" • 1 "SF 1" 9.799 [ "SF-1" TA 9e TA ae, TA xI + I "SF-1" • f1.0.0 9.2►C Ie.f .0 Massey, William Earl 11 • —• r . �'� to xT N Mitchell, T. „AG" ' ,,, 2.390 II f �i "AG" a ]elf o `- .11 am la Tc .9 ► cc ."SF-1" ' I Ta]e 11.2 c \ TA]f McPherson, R. ,07 C • are Ta f/f IZa-] 1.39 ac 0.1 c • 2.39e f Sorg, Kenneth D. "SF-1" • ]el • Itc \ Ta ]f — —2.9 — — 7►e _ _ I [Nelson, D. , Erikson, Scott R. "AG ., I ] Conway, Lee F. I Ta icA N McPherson,.James , "AG16 " ►c 19 "AG" • • iemenscheider J.I W. .e Conway, S. "AG„ l TA IC SO I la its Eagl ,Walt �' Fletch rte .Pc Sparks „AG„ „ 1 of .cII 1es A AG' A , I to ].i. 9MEET ST E�t AG�� 4 E $ 1 USA �„ 1 ..99,c Thacker, K. Sparks J •��Y Ao A TA ICI Te ;T 1 T► 1 AO 1 Ci IvEY I 7.02 ►C I I NI , ' I"AG" I• 50- 0 TA IC If 1 re "AG„ Compton, Eugene �. I CJ to 10 J I I.ee ,c to )►) \� \\ 11 la scitta 4 ....._ m . I _ - 70.)] .0 , ' .00 . 9 .r, tax — • • 74 ~ . � " ° �� "- �� [_] = "- =~^ 3c, . � ��a., . � - � /L --_- - ' ~ / - - . � . _- , uj L_' $ 22.35 � � ' m _~ C-A 2—C.� .��.�. -_'__""_°, =^� " ,, °- . , ~. .~. \-°,, ,~. 12211 S.- ,j El M. PHERSON ��~ ~~. ��, ~�~ ` CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-77 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 22 . 27 ACRE TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TRACTS 2F, 2F6, SF8, 3B1, 3B1A, 3B1B, AND 3B1C, AND MORE COMMONLY KNOWN AS 2930 RIDGECREST DRIVE, AND MORE FULLY AND COMPLETELY ;DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY-IA, RESIDENTIAL, TO "AG" AGRICULTURAL; SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR_. PUBLICATION IN. THE .OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, 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 Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the ;location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "SF-1A" Single Family-lA Residential under the City's Comprehensive Zoning Ordinance; and WHEREAS , a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from' fire 'hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of 480.77/ORD/kb F a. 9 Page I CCCJJJJ this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, •Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 22 . 27 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, Tracts 2F, 2F6, 2F8 , 3B1, 3B1A, 3B1B, and 3B1C, and more commonly known as 2930 Ridgecrest Drive, and more fully and completely 480.77/ORD/kb Page 2 — / 1111/111.7 described in Exhibit "A, " attached hereto and incorporated herein. From "SF-1A" Single Family - lA Residential to "AG" Agricultural District. '! Section 2 . That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3 . That in all other respects the use of the tract or tracts of land herein above described shall be' subject to -Pall the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the coiiprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They 'have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character ofIi the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5 . That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are indirect conflict with the provisions of this ordinance. Section 6 . That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract ortracts of land described herein. Section 7 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2 , 000 . 00) ' for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 480.77/ORD/kb /1 - it Page 3 !�� 7 Section 8 . All rights and remedies of the . City of Southlake are expressly saved as to any and all violations of the previsions of Ordinance No. 480, as amended, or any other ordinances affecting zoning 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 no be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9 . 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 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 (10) days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. { Section 10. 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. PASSED AND APPROVED on the 1st reading the day of , 1992 . ,MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY 480.77/ORD/kb Page 4 (J APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 480.7/ORD/kb /3 Papi PP -------- City of Southlake,Texas MEMORANDUM September 10, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-32 Attached please find a copy of Mr. Mummert' s letter requesting the above referenced item be tabled until the October 6, 1992 City Council meeting. RiS" KPG i i September 10, 1992 Mayor Fickes and City Councilmembers 667 North Carroll Avenue Southlake, Texas 76092 Re: ZA 92-32 Honorable Mayor and Councilmembers : I respectfully request that ZA 92-32, Plat Showing for Lots 3 and 4, S . Freeman No. 525 Addition be tabled until the October 6, 1992 City Council meeting. My engineer has not completed the drainage study requested by the City prior to plat approval . Thank you for your cooperation in this matter. Since ely, ._ - -Philli . Mu ert� ` G 747 Shady Lane Southlake, Texas 76092 B-Z 11/V City of Southiake,Texas CITY MANAGER MEMORANDUM September 10, 1992 q-io 2-14 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Resolution 92-42, Notice of Intent to Issue Certificates of Obligation, $1.3 Million Waterworks/Sewer System The utility rate analysis performed earlier in the year included $1. 3 million in major capital improvements. The issuance of Certificates of Obligation is required to obtain funding for these improvements. The Certificate issuance procedures dictate certain events that must be followed in order to be completed. The rate analysis provided that the annual debt service on these issuances would be funded through impact fees. Using impact fees would allow the City to fund these needed capital improvements without increasing water or wastewater rates. • The proposed use of the funds is $850, 000 for water lines to the low pressure plane, and $450, 000 for water lines to the high pressure plane. In order to issue these Certificates of Obligation, it is necessary for the Council to adopt a resolution approving the notice of intent to issue. These Certificates are to be issued in tandem with the $1. 5 million of the General Obligation Bonds for Streets, thereby saving issuance costs. I have attached a revised schedule of events concerning this Certificate issuance. This schedule delivers the bond proceeds for City use on November 10, 1992 . `c7110"-- LAH ?a--/ • r92 02:05PM FIRST p.3i4 City of Southlake $1,300,000 Certificates of Obligation, Series 1992 Revised Schedule of Events Completed Prepare and send list of information.required to prepare official statement and-certificate sale. ,Completed Receive-required information from City.. September 15th Council considers "Notice of Intent" for certificateissuance. -September 17th Publication of "Notice of Intent" in locally circulated newspaper the & 24th same day of two consecutive weeks. September 17th Draft official statement sent-to City, Bond Counsel, Rating Services and IIIInsurance companies. September 21th Receive comments on official statement. September 25th Distribute official statement to prospective purchasers Octcber 2nd Receive ratings and insurance qualification. October-6th Open bids on certificates and award to lowest bidder. Council adopts certificate ordinance. First reading of certificate ordinance. October 20th Second reading of certificate ordinance. October 7th - Attorney General's office reviews and approves certificate November 3rd transactions-(review-of all legal documents). November 10th Deliver certifcrates to Purchaser and City receives funds. • City of Southlake,Texas MEMORANDUM September 10, 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 92-41, Appointing a Chairman to the Board of Adjustments . Resolution No. 92-41 allows for the appointment of a chairman of the Board of Adjustment. The position became vacant with the resignation of Art Sorenson.. I have attached a current list of members of the board for your review. If you have questions, please give me a call. sl /� 11, 4111 City of Southlake,Texas '' RESOLUTION NO. 92-41 , i A RESOLUTION OF THE CITY COUNCIL -OF THE CITY 11 OF SOUTHLAKE, TEXAS, APPOINTING A CHAIRMANOF ji THE BOARD OF ADJUSTMENTS; PROVIDING : AN EFFECTIVE DATE. i j WHEREAS, the City of Southlake has a Board of Adjustments asstated in the City Home Rule Charter, Chapter XI, Section 1102; and, fj WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently the board is without a chairman, created with the resignation of Art Sorenson, former chairman; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 'OF THE CITY OF SOTHLAKE, TEXAS, THAT: • • Sc e found! to 1 . All the findings in the preamble are foundto be true . and correct and the City Council does hereby incorporate said findings into the body of this Resolution as if copied in their ' entirety. . • Section 2 . The City Council hereby i appoints ' , to serve as chairman of the Board of Adjustments . Section 3 . This Resolution shall become effective ; after its passage and adoption by the City Council . PASSED AND APPROVED this the day of , 1992 . it . i, CITY OF SOUTHLAKE, TEXAS • !I By: ' ' Gary Fickes, Mayor • ATTEST: i ;i Sandra L. LeGrand 111 City Secretary II ij q,G.-02 :i ZONING BOARD OF ADJUSTMENTS Term Expires Robert Downard Home 431-2046 5/93 1255 Randol Mill Ave. , 76262 Joe Bentley Home 481-6644 5/93 214 Westwood Drive, 76092 Dennis Minder Home 481-7492 5/95 223 Eastwood Drive, 76092 • Karen Reynolds, Home 48I-I270 5/93 1860 Hunter' s Creek, 76092 Work 214-462-2131 Sharon Hobbs , Alternate 1 Home 481-0257 5/95 105 Sweet Street, 76092 William A. Towler, Alternate 2 Home 488-2383 5/93 1470 North Kimball Avenue Work 685-7133 Fred Joyce Home 379-6021 5/95 455 Randol Mill Road, 76262 Work 481-3516 P .O. Box 1526 , 76051 111 Revised 9/2/92 9/6-- 3