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1992-09-01 CC PACKET
City of Southlake,Texas MEMORANDUM August 27, 1992 TO: Honorable Mayor and Members of City Council FROM: Curtis E. Hawk, City Manager SUBJECT: Ordinance No. 568, 1st Reading, Contractor Registration. The contractor registration ordinance was discussed at the last City Council meeting. Additions were made to the preamble. Hopefully all concerns of the Council have been addressed. CEH/kb % 1 �\� ORDINANCE NO. 568 v) ORDINANCE PROVIDING FOR REGISTRATION OF CO ' TO•S ENGAGED IN CONSTRUCTION WORK; PROVIDING DEFINITION , 7 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. . :, the City of Sou - - ' -. - - _ - ule 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 applicaable 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 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. (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 name under which the person does business; (b) permanent business or residential address; (c) business and residential telephone numbers; - 2 - g 3 (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. Pee. 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 in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. - 3 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 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 - 4 - (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 i , 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 MEMORANDUM August 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.R. Director of Public Works SUBJECT: WASTEWATER ORDINANCE NO. 567 Attached is the proposed Wastewater Ordinance as prepared by the Trinity River Authority (TRA) . 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. U Cj " -'� Curtis E. Hawk, City Manager WASTEWATER ORDINANCE August 27 , 1992 Page 2 10. Section 12 explains that all information submitted to the City is open to the public for review unless the user can show that such information is excepted to public disclosure. 11. Section 13 details the enforcement powers that the City has in dealing with violators of this ordinance. 12 . Sections 14, 15 and 16 are the standard legal phrases required by the City Attorney. This ordinance provides for the City to charge an industrial wastewater user for testing, sampling and monitoring their wastewater discharging into the City's collection system. All fees required will be paid by the user. The actual fees for the different types of testing, sampling, etc. , are attached and will be submitted to the Council for adoption by resolution at the September 15 meeting. These fees, if approved by the Council, would become effective immediately, not December 1, 1992, as stated on TRA Technical Services Fee Schedule. Please place this on the Council's next agenda for their consideration. 029 MHB/lc Attachments: Wastewater Ordinance TRA's fee schedule c:I wpfiles tordinancl WasteORD U_9 2 7 ORDINANCE NOe ‘ ' CITY OF SOUTHLAKE WASTEWATER ORDINANCE CITY OF SOUTHLAKE WASTEWATER ORDINANCE TABLE OF CONTENTS SECTION 1 . TITLE. 1 SECTION 2 . DEFINITIONS. 1 SECTION 3 . PURPOSE AND POLICY 11 SECTION 4 . DISCHARGE PROHIBITIONS AND LIMITATIONS 12 (a) Discharges to Storm Sewers and Watercourses. . . 12 (b) Prohibited discharges. 12 (c) Prohibited Sewer Connections, Including Trucked or Hauled Wastewater. 12 (d) Prohibited Wastewater Constituents 12 (e) Oils, Greases, Metals and Other Pollutants 15 (f) Storage of Prohibited Waste 16 (g) Authority of the Director. 16 SECTION 5 . SPECIAL RULES RELATING TO INDUSTRIAL DISCHARGERS - 16 (a) Compliance with Standards. 16 (b) Federal Categorical Pretreatment Standards 16 (c) Accidental Discharges. - - 16 (1) Protection. 17 (2) Spill Plan. 17 (3) User ' s Responsibility - 17 (4) Notices 17 (d) Wastewater Discharges into Private Sewer-Systems. 18 (e) Prohibition of Bypass. 18 (f) Notification of Hazardous Waste Discharges 19 SECTION 6 . FEES 19 (a) Purpose. 19 (b) Industrial Wastewater Fees 19 (c) Use of Fees . 19 SECTION 7 . ADMINISTRATION 19 (a) Permit to Discharge Industrial Wastewater. . . . 20 (b) Permit Application 20 (c) Information Required 20 (d) Evaluation and Approval . 22 (e) Denial 22 (f) Monitoring Facilities . 22 (g) Permit Conditions . 22 (1) Nontransferable 22 (2) Other Conditions. 22 (h) Permit Modifications 23 (i) Permit Duration. 2- (j ) Permit Nonuse. 2L SECTION 8 . REPORTING REQUIREMENTS FOR PERMITTEE 24 (a) Compliance Date Report 24 y (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 g - � ORDINANCE NO. AN ORDINANCE REGULATING THE DISCHARGE OF WASTES INTO THE SANITARY SEWER OF THE CITY OF SOUTHLAKE; PROVIDING DEFINITIONS; ESTABLISHING A PERMIT SYSTEM; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS " TO PROMULGATE RULES PERTAINING TO THE PERMIT SYSTEM; MAKING THIS -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 PUBLICATION; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE 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 -=- Q - IU his 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 -2- 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 . vaste.o=d -3- • 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 waate.ord -�^ (15) Director: The Director of Public Works of the City, or his authorized representative. (161 Discharge-r: 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 -1- 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 waste.or: -j- (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/1 and BOD is not more than 250 mg/1. (32) NPDES: National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency. (33) O&M: 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. waste.ord -a- Yg _ rl (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 vas_e.o=d -7- 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 waste.ord _g_ 47 - i a (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 -9- (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 drainage, 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/i . (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 waste.ord -10- . 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 AND POLICY. (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-0rd � 1I� 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 AND POLICY. (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.or3 -1 /1 /A .. /( (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; waste.ord -t2- -l7 (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; was:e.ord -11- (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 (mq/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 0 . 3 0 . 3 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 waste.ord -15- g of pretreatment, concentrations, volumes, and other applicable provisions . (3) Cyanide or cyanogen compounds [ (expressed, as total CN-) ] 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. SECTION 5. 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 vasce.o.d -:6- St '-;Z.t 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.ord -17- 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 wa9:e.o=d -19- Yp, --07-3 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 (1) 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. waate.ord -19- • (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, was=e.ord -20- F -aC 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 and 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 waste.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) nnmher 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: waste.ord -22- -� T (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 :raste.ord -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; .:° (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. 4) 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.c=d -24- 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 vaate.ord -25- S77 -30 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 for 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) 1 . 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; waa_e.orc -26- (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: waste.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 waaze.or3 -29- 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 waste.ord. -29- 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) All records that pertain to matters that are the 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- p - 3,1 (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 vaste.ord -71- f t -36 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 waste-0rd -32- $9,,� 1 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. 'aate.ord -33- (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; vasze.ord -34- It -39 (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 waete.ord -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 41[ 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.ord -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 11 (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. waste.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 waste.ord -38- APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: I, waate.ord -39- • ATTACHMENT A Trinity River Authority of Texas Central Regional Wastewater System TECHNICAL SERVICES FEE SCHEDULE FOR LABORATORY ANALYSES INDUSTRIAL INSPECTIONS AND INDUSTRIAL SAMPLING FISCAL YEAR 1 9 9 3 December 1, 1992 through November 30, 1993 C P.O. Box 531196 Grand Prairie, Texas 75053 (214) Metro 263.2251 /`C CHEMICAL ANALYSES WATER - - 3linity, Total S 5.25 pH S 3.15 ilinity, Phenolphthalein S 5.00 pH Sediment ' S 6.00 Bicarbonate $ 5.00 Phenols: Carbonate S 4.75 High Level S 33.00 Biochemical Oxygen Demand (BOD5) S 13.65 Low Level $ 53.00 Biochemical Oxygen Demand (C-BODS) -.$ 14.25 Phosphorus: Biochemical Oxygen Demand (C-BOD20) S 14.85 Ortho S 6.00 Biochemical Oxygen Demand (BOD20) S 14.85 Total $ 9.45 Biochemical Oxygen Demand (BOD-7) S 13.65 Solids: Chemical Oxygen Demand $ 8.00 Total (TS) $ 4.62 Chloride $ 5.25 Total Dissolved (IDS) $ 8.40 Chromium Hexavalent $ 11.00 Total Suspended (TSS) S 7.70 Conductance. Specific $ 3.70 Volatile Suspended (VSS) After TSS S 4.10 Conductance. Diluted $ 6.30 Sulfate S 12.60 Cyanide $ 28.50 Sulfide S 5.25 Cyanide (Amendable to Chlorination) $ 33.00 Surfactants - MBAS S 28.35 Fluoride, Dissolved S 9.50 Total Petroleum Hydrocarbons $ 48.00 Fluoride, Total $ 9.00 Total Organic Carbon S 11.75 Hardness $ 6.50 Turbidity S 3.00 Ignitability (Pensky-Martens Closed Cup) $ 31.50 Nitrogen: SEDIMENT Ammonia S 6.20 Kjeldahl, Total $ 15.00 Chemical Oxygen Demand $ 23.75 Nitrate $ 6.00 Cyanide $ 31.50 Nitrite $ 6.00 Nitrogen, Kjeldahl, Total S 18.00 Organic $ 32.00 Oil and Grease S 24.75 Oil and Grease $ 27.00 Phosphorus, Total S 11.50 Solids, Total Volatile S 8.90 Total Petroleum Hydrocarbons $ 42.00 P / A A METAL ANALYSES _ . 75 EACH PRIORITY POLLUTANT METALS S 1 2 8 . 2 0 TOTAL unony Iron Thallium Itium Lead Tin Antimony Mercury Eeryllium Manganese Uranium Arsenic Nickel Cadmium Molybdenum Vanadium Beryllium Selenium Chromium Nickel Zinc Cadmium Silver Cobalt Silver Chromium Thallium Copper Tellurium Copper Zinc Lead $ 7 . 0 0 EACH SAMPLE PREPARATION Aluminum Potassium Boron Silica Sediment and Oils $ 15.00 Calcium Sodium EP Toxicity Leachate $ 63.00 Magnesium TCLP Toxicity Leachate $ 78.75 TWC Leachate $ 36.00 S 1 4 . 0 0 EACH Arsenic Selenium Lead - Low Level Copper - Low Level Cadmium - Low Level Chromium Hexavalent - Low Level Thallium - Low Level S 1 2 . 7 0 EACH Mercury _1 INDUSTRIAL PRETREATMENT SERVICES ' N D U S T R I A L SAMPLING INDUSTRIAL INSPECTION osite Sample $ 60.00 Inspection/On Site $ 70.00 Aaditional Composite Sample $ 20.00 Grab Sample $ 30.00 Additional Grab Sample S 7.00 - Permit Application Review - Installation of Automatic Composite Samplers - Chemical Inventory Review - Grab Sampling - Verification of Application Data - Delivery to TRA Laboratory - Consultation with Industries on Industrial - Field Testing Available Pretreatment - Sample Preservation - Proper Chain of Custody GENERAL SERVICE INFORMATION 1. Effective Date: December 1, 1992, all prices listed are per sample and subject to review. 2. All analyses are run in accordance with "Standard Methods for the Examination of Water and Wastewater," 17th Edition, 1989 and/or EPA "Manual of Methods for Chemical Analysis of Water and Wastes," 1983 and the 3rd Edition of Solid Waste Manual SW 846. 3. TRA will add a 10% charge, at the same rate as submitted laboratory samples, on the monthly billing to maintain the normal quality assurance program. 4. Customer required priority laboratory samples completed and reported within 50% of the normal time will be billed at one and one-half times the routine rate. Emergency samples run immediately or ASAP will be billed at two times the routine rate. 5. Sample preparations, if required, are charged additionally as listed. 6. Sample containers, preservatives, and supplies will be provided upon request at a reasonable charge. Bacte- riological sampling supplies are included in the cost of the analyses. ' Samples* should be delivered to the laboratory before 4:30 p.m. on weekdays. Samples cannot be accepted on weekends or holidays unless special arrangements are made in advance. *(Bacterio•logical samples should be - delivered prior to 2:00 p.m. unless special arrangements are made in advance. After-hour samples may be left in cold storage vault with analyses request form.) 8. Average completion time for standard tests (BOD, TSS, etc.) is two weeks and metals are three weeks, with the analyses results normally mailed within two days of completion. Billing statements for completed monthly analyses are mailed by the 15th of the following month. 9. Laboratory hours are weekdays 7:00 a.m. to 10:00 p.m. and weekends 8:00 a.m. to 4:00 p.m. 10. Environmental Field, Pretreatment and Engineering services office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. For after-hour emergencies, leave message with computer operator. 11. Environmental Field and Engineering services are requested to be scheduled a minimum of 72 hours in advance. FOR MORE INFORMATION , CONTACT : METRO: (214)263-2251 FAX: (214)262-0619 Patricia Cleveland Manager, Technical Services Bill Cyrus Randy McIntyre Robert J. Roth Ellen Ward, Quality Laboratory Division Chief Pretreatment Coordinator Technical Services Engineer Assurance Coordinator C GAS CHROMATOGRAPHY ANALYSES - ''. I O R I T Y POLLUTANTS ( G C / M S ) P EST I C I DES / PCB ` S __tiles Quoted Upon Chlorinated Hydrocarbons, S 90.00 Base Neutrals Request Organophosphate Pesticides, and Acid Extractables Polychlorinated Biphenyls (Sample Pesticides/PCB's preparation, extraction, and clean- up per sample) ORGANIC DETERMINATION ( G C ) ADD for Chlorinated Hydrocarbon S 45.00 Hydrocarbon / Solvents (Confirmation and quantification per sample) General Hydrocarbon/Solvent $105.00 ADD for Organosphosphate Pesticide $ 47.00 Scan (VOA) (One column); (Confirmation and quantification *Five or less components; per sample) including quantification ADD for Polychlorinated Biphenyls (PCB)- $ 47.00 General Hvdrocarbon\Solvent $160.00 Water (Confirmation and quantification Scan (VOA) (Two column); per sample) *Five or less components; ADD for PCB - Oil (Confirmation and $ 32.00 including quantification quantification per sample) Volatile Organic Constituents $ 58.00 (EPA regulated - method 601/602) TRIHALOMETHANES *Add fifteen dollars ($15) for each extra component Trihalomethanes $ 40.00 scanned and quantified HERBICIDES SAMPLE PREPARATION Chlorinated Phenoxy Acid $115.00 ADD for Special Treatment/Per Sample $ 18.00 Herbicides (Confirmed and (Sediment. Oil) quantified) ADD for Special Treatment/Per Sample $ 63.00 (EP Toxicity Leachate) ADD for Special Treatment/Per Sample $ 78.75 (TCLP Toxicity Leachate) li c- ECIAL ANALYSES L P / E P TOXICITY PRIORITY POILUTANTS Leachate Extraction Procedure - $ '-78.75 Cyanides $ 28.50 Metals: Arsenic, Barium, Cadmium Metals S128.20 Chromium, Lead, Mercury, Selenium Organics Quote Silver $ 84.45 Organics: Endrin; Lindane; Methoxychlor; Toxaphene; 2, 4, D; 2, 4, 5-TP Silvex $250.00 MICROBIOLOGICAL ANAL Y S E S Chlorophyll "a" $ 7.70 Chlorophyll "a" and Pheophytin "a" $ 7.70 Coliform, Fecal (MF) $ 8.00 Coliform, 'total (MF) $ 7.50 Coliforms, Total (MMO/MUG) $ 7.50 Microscopic General Examination $ 9.00 Microtox, Bacterial Bioassay $ 43.50 Streptococcus, Fecal (MF) $ 8.00 Heterotrophic Plate Count $ 8.15 11 ,A , City of Southlake, Texas CITY MANAGER , MEMORANDUM r `S -)7- c :z- /C i — , l` August 27 , 1992 1 TO: Curtis E. Hawk, City Manager iFROM: Lou Ann Heath, Director of Finance SUBJECT: Wastewater Rate Change • During the 1992-93 budget work sessions, it was proposed that the City adopt a revenue-neutral change to the wastewater rate for customers of the City. The recommendation is a result of comprehensive analysis earlier this year of the City's overall wastewater costs by utility rate consultant Lewis McLain and City Staff. A standard rate that incorporates all elements of the City's wastewater treatment costs is necessary to provide uniformity for all customers. Alternative #3 of the Staff/Consultant report was presented as the most equitable of the choices. This alternative charges 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 proposed that this rate ordinance be effective with the October billing, which will be at the end of October 1992 . i J i S ` l Wastewater Rate Alternatives • Current Approach .— Most commercial accounts are billed $25 plus $1.00 per thousand gallons. — IBM is billed 10% greater than Southlake is billed by Trophy Club. • — Park Place is billed 10% greater than Southlake is billed by Grapevine. — The school district is billed $1.60 per thousand gallons based on the winter average flow. There is no minimum. — Residential accounts are billed $25 per mono►regardless of volume used. • • Alternative CI — Residential accounts are billed a $25 flat rate. — All other accounts are billed at minimum of $25 per month. — There is no winter average cap placed on school accounts. — IBM and Park Place are billed like all other non-residential accounts. — The volume rate for all non-residential accounts is to be the same - $1.72. • Alternative 112 — Same as N1 except for the following: • — IBM & Park Place remains the same as in the current approach. — The results are for all other customers to be billed a volume rate of $1.15. • Alternative N3 — All customers are billed a minimum of $9.50. — The minimum bill will include 2,000 gallons. — The volume rate is the same for all customers - $1.92.'. — The maximum bill for a residential customer is $24.86 compared to the current maximum of $25.00. • -23- , i Comparison of Alternatives Annual Bills By Customer Current Alternative Alternative Alternative Approach #1 #2 //3 FOX/EMSS $366 $414 $376 $195 SOUTHLAKE ASSOC. $334 $359 $340 $134 STD MOTOR PROD. $348 $382 $355 $159 CYRO IND - $406 $483 $422 $272 C\ DARR EQUIPMENT $1,338 $1,655 $1,403 $1,044 w PIMA PROPERTIES $465 $584 $489 $385 MCMAHAN PROPERTIES $487 $622 $514 $426 J.R. STACY $422 $510 $440 $302 r IBM MACQUIRE $21,942 $11,767 $21,942 $12,840 , PARK PLACE $1,710 $1,474 $1,768 ` $1,375 TEXAS NATIONAL BANK $397 $467 $411 $253 LA PETITE ACADEMY $603 $822 $648 $649 SCHOOL DISTRICT - $16,193 ,:$22,066 $15,202 $23,247 CURRENT RESIDENTIAL $53,100 $53,100 $53,100 ' $52,817 NEW RESIDENTIAL $45,000 $45,000 $45,000 $44,760 NEW COMMERCIAL $4,843 $8,249 $5,544 • $9,096 TOTAL $147,954 $147,954 $147,954 $147,954 -911- ORDINANCE NO. S20 { 1 AN ORDINANCE OP THE CITY OF BOUTHLAXE, TEXAS, REVISING THE RATE FOR WATER SERVICE AND SANITARY SEWER SERVICE; ESTABLISHING A LATE CHARGE; PROVIDING TEAT THIS ORDINANCE - SHALL BE CUMULATIVE 07 ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 of Southlake has heretofore adopted rates for water service and sanitary sewer service within and outside the city limits of Southlake; and WHEREAS, the cost of providing such services in the City of Southlake has increased since the adoption of these rates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Od THE CITY OF SOUTELAXE, TEXAS: "' SECTION 1 That the following rate schedule is hereby adopted for water rates for residential and commercial subscribers to the Southlake Municipal Water System: gESXDEN3'IAL SUBSCRIBERS: I. Subscribers living within the corporate limits of the City of Southlake: A. Standard Rate: 1st 2,000 gallons used 26.16 Each 1, 000 gallons or any portion 3 . 14 thereof in excess of 2, 000 gallons used up to 100,000 gallons Usage in excess of 100, 000 gallons 3 .92 4- B. Elderly/Hardship Rate: 1st 2 , 000 gallons used 11.38 Each 1 , 000 gallons or any portion 2 .73 thereof in excess of 2 , 000 gallons used up to 100,000 gallons Usage in excess of 100, 000 gallons 1.41 II. Subscribers living outside of the corporate city limits of the City of Southlake,. Texas, but within the service area of the Southlake Municipal Water System: 1st 2 , 000 gallons used 34 .01 Each 1, 000 gallons or any portion 3.14 thereof in excess of 2,000 gallons used up to 100, 000 gallons Usage in excess of 100,000 gallons 3.92 COMMERCIAL RATE: I . Standard Rate for all Commercial Subscribers: A. Minimum Rate regardless of usage based -upon meter size. 1" for 1st 3,000 gallons used 41.20 c 1-1/21' for 1st 5, 000 gallons used 68.02 2" for 1st 7, 000 gallons used 94.84 3" for 1st 101000 gallons used 136.05 4" for 1st 12, 000 gallons used 162.87 6" for 1st 15, 000 gallons used . 204.07 8" for 1st 18, 000 gallons used 245.28 B. All usage in excess of amount set forth for minimum rate shall be charged at the rate of 3. 14 per 1, 000 gallons, or any portion thereof, used. SECTION 2 That a 'monthly flat rate of $25 .00 for sanitary Sewer Services is established and shall be collected for each sewer customer. eleke\ord.29(91490) -2- SECTION 3 A ten percent (10%) late charge will be applied to all accounts that remain unpaid twenty (20) days after the billing date. The purpose of this charge is to cover the excess billing, accounting, collection and other administrative costs of the City which result from the failure of customers to make timely payments. SECTION 4 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. Ordinance No. 495 is hereby repealed effective October 1, 1990. SECTION 5 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. 1. ke\ord.29(914►90) -3- ( ) SECTION 6 This ordinance shall be in full force and effect on October 1, 1990, . and it is so ordained. Lk PASSED AND APPROVED ON FIRST READING ON THIS 7 DAY OF , 1990. f ►- • . `�� - ATTEST: -** a,a1LIIAit cal/t�l't L *..* ... CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS l DAY OF , 1990. 74 r� \' ' �'_ ATT ST: i; • • • * * �` `� CITY SECRE Y „.`' (ti.,/• ``�`�wriunam,,,,` APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: October 1, 1990 F - T .1.4..ne� 10f07Lon\ .t_ City of Southlake,Texas s CITY MANAGER, MEMORANDUM w - August 27, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: ORDINANCE NO. 537, "NO SMOKING" ORDINANCE An initial draft of proposed Ordinance No. 537 which establishes regulations for smoking in public places was presented at the June 2, 1992 City Council meeting. This.._ draft examined establishing: minimum health standards regarding public smoking of tobacco products by prohibiting smoking in public places except in designated areas . City staff conducted research into existing "No Smoking" ordinances that have been adopted by other area cities. The draft ordinance presented for discussion incorporates many of the common aspects found in the sample ordinances obtained. The North Central Texas. Council of Governments (NCTCOG) also provided a model ordinance designed for the purpose of limiting smoking in public places . At the June 2 meeting; CityCouncil instructed staff to gain community input into this ordinance process by utilizing area newspapers and organizational newsletters . Articles asking for citizen input have appeared in the Southlake Journal, Southlake Newsletter, and the Chamber of Commerce newsletter. City staff received a total of four (4) telephone responses in favor of adopting smoking regulations . The Chamber of Commerce newsletter article contained a survey designed to gauge the support of the business community for such an ordinance. Five (5) of these surveys were returned to the Chamber office which indicate general support for the proposed ordinance and its provisions . See attachments for survey details. Ordinance No. 537 comes before City Council on 1st Reading. Any suggested changes directed to staff will be incorporated between 1st and 2nd Reading. ATTACHMENTS CT`/ ORDINANCE NO. AN ORDINANCE TO PROMOTE PUB IC HEALTH TABLISHING PUBLIC SMOKING REGULATIONS; ROVIDING MINIMUM STANDARDS FOR NON-SMOKING AREAS; PROVIDING PROPER IDENTIFICATION OF NON-SMOKING AREAS; PROVIDING A PENALTY THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, here is a • ich concludes that the of tobacco may be a danger to health and a health hazard to those who are 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 THAT: ARTICLE I. GENERAL SECTION 1 Definitions The following words and terms when used in this Article and Section, unless otherwise defined within, shall be understood to mean: "Smoking" - means the possession of burning tobacco, weed, or other plant product. "Food products establishment" - means an operation that sells food for human consumption. "Public place" - means any enclosed area that is used by the general public, or that is a place of employment, and includes, but is not limited to: stores, offices, and other commercial establishments, restaurants, public and private institutions of learning, health care facilities, nursing and convalescent homes, and all public governmental facilities . "Notice" - means the posting of signs in sufficient numbers and at conspicuous locations, so as to be readily observed and 110 indicate that a designated area identified by such signs prohibit smoking in accordance with this Ordinance. "Workplace" - means any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. ARTICLE. II. SMOKING REGULATIONS SECTION 1. Posting of Notices and Placing of Receptacles for Extinguishment of Smoking Materials. 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 (20 ' ) feet of the entrance to such area where smoking is to be prohibited as provided by this Article. 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 equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be infeasible structural changes . ARTICLE III. SMOKING PROHIBITIONS SECTION 1. Smoking Prohibited in Designated Areas. 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 o:f:. notice as herein required. A person commits an offense by smoking in an area where notice is posted as above provided. A person also commits an offense by smoking in an indoor service line in which more than one ( 1) person is giving or receiving goods or services, such as, but not limited to food market check out lines, service lines of financial institutions, or food service lines provided that the individual having control of the goods and services being given or received provides: a) signs of sufficient numbers and at conspicuous locations prohibiting smoking as to be readily observable by a reasonably observant person. b) receptacles for the extinguishment of smoking materials within the immediate area of such service line. 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 meeting room, conference room, restroom or public service area of any facility owned, operated or managed by the City; (c) any retail, or service establishment serving the general public including, but not limited to, any grocery store, drug store or department store. (d) an area marked with a "no smoking" sign in accordance with this Ordinance by the owner or person in control of a hospital, nursing home, or convalescent center. (e) 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; (f) all public places which have been properly designated by the owner or controlling management as "non-smoking" areas in accordance with this Ordinance. SECTION 2. Food Products Establishments A food products establishment which has indoor or enclosed dining areas shall provide- separate indoor or enclosed dining areas for smoking and nonsmoking pa on . • nonsmoking area must: ( 1) be separated, where feasibl- , from smoking areas by a minimum of four ___.. contiguous floor space; (2) be ventilated, here feasible and situated so that air from the smoking • drawn into or across the nonsmoking area; (3) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated nonsmoking; (4) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the nonsmoking area. Each food products establishment which has a dining area shall: ( 1) have and implement a written policy which conforms to this chapter and is kept on file on the premises; (2 ) make the policy available for inspection by employees, the controlling authority of the food products establishment, and municipal enforcement personnel; (3) have signs at the establishment's entrance indicating that nonsmoking seating is available. 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 . It is a defense to prosecution under this section that the food products establishment is: ( 1) an establishment which has indoor seating arrangements for less than (50) patrons; (2) an establishment which has more than (70) percent of its annual gross sales in alcoholic beverages; or, ( 3) a physically separated bar area of a food products establishment otherwise regulated by this Ordinance. SECTION 3. Smoking in the Workplace. An employer who owns, occupies or controls a workplace shall: ( 1) have and implement a written policy on smoking that: a. conforms to this Article 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 complaints; (2) provide conspicuous signage indicating nonsmoking areas; gr -3- (3) not discharge, retaliate, or discriminate against any employee who: a. files any complaint or causes any proceeding to be instituted under or related to this chapter; b. 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. Nothing in this Section shall prohibit an employer from designating an entire workplace as nonsmoking. ARTICLE IV. ENFORCEMENT SECTION 1. Penalty for Violation. Any person who violates this ordinance by smoking in an area designated "no smoking" as herein authorized with notice posted as herein provided shall be guilty of a Health and Sanitation misdemeanor violation and subject to a fined amount not more than 41[ ($2,000 . 00) . Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 2 . Severability Clause That it is hereby declared to be the intention of the City Council of the City of Southlake 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 judgement 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 severed item. 21' 4' SECTION 3. 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 FIRST READING THIS DAY OF 19 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS DAY OF , 19 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney DATE: ADOPTED: EFFECTIVE: EXHIBIT A SOUTHLAKE "NO SMOKING" ORDINANCE SURVEY The Southlake City Council is considering establishing a "No Smoking" Ordinance to prohibit smoking except in designated areas of enclosed public places . The Ordinance would require businesses and employers to designate areas open to the general public as "non-smoking" and to properly identify these locations . The following questionnaire concerning the proposed "No Smoking" Ordinance is provided in an attempt to determine the extent of support for this potential City ordinance. Please take a few minutes to respond to the questions below and return your questionnaire to the Southlake Chamber of Commerce. The City and Chamber value the feedback that you will provide by completing this survey. 1. Do you support adoption of a "No Smoking" Ordinance? YES NO 2 . Would you be willing to provide equipment on your premises for the extinguishment of smoking materials? YES NO 3 . Would you be willing to conduct structural modifications to your premises in the event existing ventilation allows smoke from designated smoking areas to infiltrate non-smoking areas of your place of business? YES NO 4 . Do you believe restaurants with seating less than 50 should be. exempt from the "No Smoking" Ordinance? YES NO If no, what is an appropriate seating exemption figure? 100 75 25 15 NO EXEMPTION 5 . As an employer, would you be willing to maintain a written "No Smoking" policy on file for review by enforcement personnel that seeks to address the interests of non-smokers and smokers alike? YES NO 6 . Will you be willing to provide proper signage in your business that indicates non-smoking and smoking areas on your premises? YES NO 7 . Do you believe that smoking should be restricted at enclosed sporting events, gymnasiums,_ and auditoriums: used by the general public? YES NO The City of Southlake appreciates the information that you have provided. If you would like to review a draft copy of the "No Smoking" Ordinance, feel free to stop by City Hall to review the proposed ordinance. EXHIBIT B "NO SMOKING" SURVEY RESULTS YES NO Question # 1. 5 0 2. 5 0 3. 3 2 4. 0 5* 5. 5 0 6. 4 1 7. 5 , 0 * All responses to question #4 indicated a desire for "NO EXEMPTION. " �l-9 4. ORDINANCE NO. 520-A 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 CLAUSE; 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 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 2,000 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 slakell\sewer.ord(8/28/92) 1 l 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. slakell\sewer.ord(8/28/92) 2 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 1992. MAYOR ArrEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slakeII\sewer.ord(8/28/92) 3 .• City of Southlake,Texas MEMORANDUM i August 27 , 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 92-35, Appointment to the Board of Adjustments I _ Resolution No. 92-35 allows for the appointment of a member to the Board of Adjustments to fill the unexpired term of Art Sorenson, also, appointment of a chairperson to the board as Mr. Sorenson served as chairman of the Board of Adjustments . Even though the applications attached are for the Planning and Zoning Commission, I have contacted each one to be sure they would be willing to serve on the Board of Adjustments . Most of these applicants were present in May for the interviews conducted, by the City Council. If you have questions, please give me a call. l � I , City of Southlake,Texas RESOLUTION NO.92-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENTS, TO FILL AN UNEXPIRED TERM; APPOINTING A CHAIRMAN OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake has a Board of Adjustments as stated in the City Home Rule Charter, Chapter XI, Section 11 . 02; and, WHEREAS, the Zoning Ordinance No. 480, Section 44, calls for a five (5) member board with two (2) alternate members; and, WHEREAS, currently an unexpired term exists with the resignation of Art Sorenson; now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the findings in the preamble are found to 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 . That currently, the term of Art Sorenson, which will expire in May, 1993, is vacant, and that • , is hereby appointed to fill the unexpired term. Section 3 . That , be appointed to serve as Chairman of the Board of Adjustments for a term to expire in May, 1993 . Section 4 . That this resolution shall become effective after its passage and adoption by the City Council . PASSED AND APPROVED this the day of , 1992 . CITY OF SOUTHLAKE, TEXAS By: Gary Fickes, Mayor City of Southlake,Texas ATTEST: Sandra L. LeGrand City Secretary APPROVED AS TO FORM: City Attorney City of Southlake, Texas ' I 1 Fa -3 • ee/.2.Tat( CITY OF SOUTHLAXE C I t!/taG fl fi7L APPLICATION FOR APPOINTMENT TO: (name of board, committee) : f rJN /IJ6) Ar-).b 7(-)Ail P) G (16i-yur i,;Sin n� (use a separate application for each appointment desired) Name: r—Rtt-t./ • Address: /0-7--(. LA rAC) Ora • SO C i JA Lia 1C-‘ Home Phone: J t- tk34 - Years in City: Employer: Phone: ' • Current and/or previous .board, commission, -tor committee experience in the City , of Southlake: GUoi& D D/J . IZ(9,4 C) C,oYr m I77 , (1c.t) S 770 4 Reasons for desiring to serve on this board, commission, or commnittee , and your, opinion as to the purpose, goals , and duties of same: i (-Ur"( LI Li ,' PA,z r r')F T,-r- l�/4n1 i!1/,J; r91Z '/, 0Air.s /.%,!4ID /r•J f4 R./CA) ;�7.l FU2 O r zrz n)n ! 'j tiffs Lrx Po fa I J� S CAA) ?);_. , 1 ,kcc.rr ) s P.1t Qualifications and experience that would assist you in serving in this position: L1is c 'L� �1sAi�� .?x Fc�-r i c.1 /A) (',0Aic.7/6.y- . �C o m� ' 4-1J D ex F dx < ;,J/ P /ii C r 7 T=, reo/ 7 • Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? 1/44,55D Additional information or comments: Please return this completed form to the City Secretary' s Office. Each application will be kept on file for one (1) year. After that time it will be necessary to reapply and update the information �. hdrein if you wish to continue to be considered for appointment. Signature : _ Date: C ! lI �� 4TIC-GZEt f . CITY OF SOUTHLAKE J APPLICATION FOR APPOINTMENT TO: (name of board, committee) : Planning and Zoning Commission (use a separate application for each . a.ppointment desired) Name: William A. Towler Address: 1470 N. Kimball Ave. Southiake 76092 Home Phone: (817) 488-2383 Years in City: 2+ Employer: Towler Corporation • Phone: (817) G0:-G177 la(�S�?/- Current and/or previous board, commission, or committee experience in the City of Southlake : NONE - Reasons for desiring to serve on this board, commission, or committee , and your opinion as to the purpose , goals , and duties of same : It is time to begin giving back to the community. I believe I have the hark(=rrrninr ck; 1 i c pnri knnwt orino to Mat-o very positive the mnmrii aci nn _ ThP e,(- 1 i s to assist the City Council in making correct grnwth, (?Pr-i ci nra =nr Cniti+ll �. Qualifications and experience that would assist you in serving in this position: . Six years experience as Executive Vice President of Rattikin Title Company ( 1971-77) . Ten Years experience in CommPrci .l Banking in North Carolina ( 1960-70) . For last eleven years . T hAve owned and managed four companies in Oklahoma and Texas. Do you understand and agree that your regular attendance and active support are required as an appointee and that noncompliance could result in removal from the board? YES Additional information or comments: Please return this completed form to the City Secretary ' s Office. l Each application will be kept on file for one ( 1 ) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered for appointment. Signature : /�-��/ � �'�', Date : ,5" -o?8-7l kr„..ittiv CITY OF SOUTHLAKE Aglit/N-1X 45 Za..../ APPLICATION FOR APPOINTMENT TO: (name of board. j committee) : '(use a separate application for each appointment desired) Name : /(� Address: Home Phone: 4'5 Years in City: / O Employer: phone: 90 4/ /Z/f Current and/or previous board, commission,- or committee experience in the City of Southlake: Reasons for desiring to serve on this board , commission, or committee , and your opinion as to the purpose , goals , and duties of same : /V i . Qualifications and experience that would assist you in serving in this position: /'I�� 6. 4' %Gg i:" ic�5 �O :� /7 v 4 �.. he//e (2.5./?,4, G 746E( i2t-7 ,?iTf - ST /7' S 7' • Do you understand and agree that your regular attendance and active support are required as an appointee and that ' noncompliance could result in removal from the board? Yam . Additional information or comments : 7n/.t,2/2/f. -"2 e.-�/G7�i'c`.J • Please return this completed form to the City Secretary ' s Office. Each application will be kept or. file for one ( 1 ) year. After that time it will be necessary 'to reapply and update the information herein if you wish to continue to be considered for appointment. • Signature : / l �-(G!% Date : i%'- / - 1Q-� WdL1 `, CITY OF SOUTHLAXE / � lv APPLICATION FOR APPOINTMENT TO: (name of board. _ _ _ . -- committee) : /��f_ • -f�"JitJ/AJ /1� 0Af D • K" e /11/17/ .rSJ o A/ (use a separate application for each appointment desired) Name: 7 ,ee/ L. SC/ E',e • Address: /O Fa L/EAJ Home Phone: '/J'/- /Z// Years in City: .3 Employer: u �-sr �i�L./,✓GS Phone: Z/4 - 90 41- c 'o Current and/or previous boa_rd, commission, or committee experience in the City of Southiake: / `O:fE Reasons for desiring to serve on this board, commission, or • committee , and1 your opinion as to the purpose , goals , and duties of same : ��C •Tr�1GA/ A/7- • Qualifications and experience that would assist you in serving in this position: -A46,4e J7 • Do you understand and agree that your regular attendance and active support are required as . an appointee and that noncompliance could • result in removal from the board? / r S Additional information or comments : Please return this completed form to the City Secretary' s Office. Each application will be kept on , file for one (1) year. After that time it will be necessary to reapply and update the information herein if you wish to continue to be considered .for appointment. Signature :_ Date : /7/S- 9/ a, -7 Asa resident of the City of Southlake over the past three years, my family and I have seen many changes that have occured. These changes have had imme- diate and long range effects upon our lives as well as our property values. With that in mind, and the fact that our city is located within a corridor which wil undoubtedly see rapid expansion due to the proximity to both DFW and Alliance airports,our rural atmosphere and the desirability for the child- ren of new familiesto attend Carroll Independent School District, i feel that i can contribute greatly to the long range goals of our city. Those goals; hopefully, will be to attract quality commercial and residential developement to the area, while at the same time preserving the rural atmos- phere and quality of Ilf a that we , as a community have come to expect from Southlake. The members of the Planning and Zoning Commission, aswith any City board or committee, should strive to unblasiy disseminate all information and data it receives, collectively making it's decision and then passing those deci- sions and information to the City Council for final approval.. With this attitude i feel the City of Southlake will see a positive growth that will be beneficial to us all. Member of the Southwest Airlines Pilots Association board of directors respon- sible for initiaing SWALPA as the sole collective bargaining agent for Southwest Airlines pilots, recognized by the National Labor Relations Board and Railway Labor Act. Former Chairman of the Southwest Airlines Pilots Association Contract N egotiating Committee, mandated to seek a collective bargaining agreement between Southwest Airlines Company and it's pilots. Secretary Treasurer of the Parkway Estates Homeowners Association, Plano, Texas. Dealing with Executive Board policies, collection of dues and remittances for homeowner and association expenses for the 300 members. ?a.. -"sr September 1, 1992 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 September 15, 1992 City Council meeting. We are awaiting the results of my engineer's drainage study. Sincerely, fillip . 1' mmer 747 Shady Lane Southlake, Texas 76092 KPG/lc c:lwpfileslleaerslMUMMERT 04 97-0 3-Gi1 15:41 TE:;AN 6459 P.n02 MEDIA RELEASE TEXAS DEPARTMENT OF TRANSPORTATION FORT WORTH OFFICE September 1, 1992 RE: Reconstruct FM 1709 RELEASE: IMMEDIATELY FOR INFORMATION CALL: Bill Page Public Affairs Officer (817) 370-6630 In September, construction crews will begin work on FM 1709 1111 in Southlake from Davis Boulevard to SH 114 . The Texas Department of Transportation awarded the contract to J. D. Abrams, Inc. for $11.5 million. The 6. 1 mile project reconstructs a two-lane road to a four-lane thoroughfare with a continuous left turn lane and shoulders. The residential area affected by the construction will have access at all times. The proposed construction sequence is: September 1992 - June 1993 Traffic flow remains the same during construction of cross drainage and the southside of FM 1709 from Jellico Circle to east of Shady Oaks Drive, and from the Church of Christ Our King to west of SH 114 and the northside from east of Shady Oaks Drive to Westwood Drive. - more - '92-09-R1 15:42 TEXAN 837-6459 P.00: June 1993 - March 1994 Place traffic on completed sections, and then finish the southside of F'M 1709 from east of Shady Oaks Drive to the church and from west of SH 114 to SH 114. March 1994 - December 1994 Place traffic on completed southside of FM 1709 and finish construction of northside from Jellico Circle to east of Shady Oaks Drive and from Westwood Drive to SH 114. 30 City of Southlake,Texas MEMORANDUM August 27 , 1992 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Resolution No. 92-36 , Appointment to the Southlake Economic Development Council . Mayor Pro Tern Rick Wilhelm asked that this item be placed on the Council agenda as there is a vacancy on the SEDC, due .to the resignation of Betty Springer. I have contacted the attached applicants and each one expressed a willingness to serve on the committee. Please contact me if I can be of service. 2- • • I City of Southlake, Texas RESOLUTION NO. 92-36 t! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS , APPOINTING A MEMBER TO THE SOUTHLAKE ECONOMIC DEVELOPMENT COUNCIL, TO FILL AN UNEXPIRED TERM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Southlake, Texas , entered into an agreement with the Southlake Economic Development Council , which is a nonprofit corporation, established under the laws of the State of Texas for the purpose of promoting business in the City of Southlake, Texas , and, WHEREAS, part of the membership for the Southlake Economic Development Council is to be appointed by the City Council; and, WHEREAS , currently, their is a vacancy on the board created with the resignation of Betty Springer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1 . That all the findings in the above preamble are found to be true and correct and are incorporated into the body of this ® resolution as if copied in their entirety. -. Section 2 . That be appointed to the Southlake Economic Development Council to serve the unexpired term , of Betty Springer, to serve the remainder of the 1992 term. Section 3 . That this resolution shall become effective upon approval by the City Council . � I PASSED AND APPROVED this the day of , 1992 . i I CITY OF SOUTHLAKE, TEXAS By: Gary Fickes , Mayor ATTEST: Sandra L. LeGrand City Secretary DRAFT ORDINANCE NO. S-7/ AN ORDINANCE GRANTING A FRANCHISE TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, IT SUCCESSORS AND ASSIGNS, TO FURNISH AND SUPPLY NATURAL GAS TO THE GENERAL PUBLIC IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF NATURAL GAS IN, OUT OF, :AND THROUGH SAID MUNICIPALITY; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS; REPEALING ALL PREVIOUS NATURAL GAS FRANCHISE ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government. Code; and WHEREAS, the City Council of the City of Southlake desires to enter into a franchise agreement with Lone Star Gas Company for the furnishing and supplying of natural gas to the general public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Southlake, TEXAS: SECTION 1 That the City of Southlake, Texas (hereinafter referred to as "City' ) hereby grants to Lone Star Gas Company, a Division of ENSERCH CORPORATION (hereinafter referred :to as "Company") , its successors and assigns, consent to use and occupy the present and future streets, alleys, highways, public placc3, eas'e ` zzts<'`ad public thoroughfares, and ground3 of City for the purpose of laying, maintaining, constructing, using, operating, and replacing thereon pipelines and all other appurtenant equipment needed and necessary to deliver gas in, out of, and through said City and to slakell\lonestar.or1 -1- //0. �/ sell gas to persons, firms, and corporations, including all the general public, within the City corporate limits, and consent being granted for a term of twenty (20) years,, from and after the effective date of this ordinance. SECTION 2 Company shall provide advance notice to City for any work within City streets except for in the event of an emergency. The location of all mains, pipes, laterals, and other appurtenant equipment shall be fixed under the supervision of the City or an authorized committee or agent appointed by said City. Before Company extends or replaces its existing mains, it will file with the City a written work description including sketched drawings, showing the pipe material type, location, estimated depth and size of lines and the date and time of all construction activity. Construction plans shall be reviewed by appropriate City staff and returned with any comments within ten (10) working days. Company ::;.;:.:;::>::.W:dd erzc:a>€:;wctrwalt:1mtlog::ama �: ....r.....::.:::..:........... ................:. ............ ....: For emergency repairs, the City shall be notified within a reasonable time. SECTION 3 • Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with traffic and shall promptly clean up and restore to its approximate original condition, at its cost, all thoroughfares and other surfaces which it may disturb. All construction work shall meet federal, state, and City rules and regulations in existence at the time any work is undertaken, and slakeIi\lonestar.orl -2- //a, Company shall warrant their repairs and restoration of any streets, thoroughfares or alleys. SECTION 4 When Company shall make or cause to be made excavations or shall place obstruction in any street, alley, or other public place, the public shall be protected by barriers, lights, and signs, which shall be placed, erected, and maintained by Company. All construction and maintenance signs and barricades at work sites shall be consistent with the standards and provisions of the Texas Manual on Uniform Traffic Control Devices. In the event of injury to any person or damage to any property by reason of construction, operation, or maintenance of the gas distributing plant or system of Company, Company shall indemnify and hold harmless City, its officers, agents, servants, and employees, from any and all liability in connection herewith. SECTION 5 Company shall at its own cost and expense, without claim for reimbursement or damages against the City, when requested by the City, lower, relocate, or relay existing gas mains or street service lines located in City right-of-way where necessary due to any street construction or reconstruction by or on behalf of the City or due to the construction or relocation of any City utility lines. Covered City utility lines include, but are not limited to, water, sanitary sewer, storm drains, street lights, and traffic signal conduits. When Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and: slakeII\lonestar.orl -3- `/g _ 3 (1) the relocation is the result, of a construction or improvement to the Federal-Aid System (or any successor thereto) ; and (2) Company is eligible for reimbursement for its costs and expenses incurred as a result of such construction and improvement from the Federal Government or the State of Texas, as permitted by law pursuant to any reimbursement program; and (3) Other utilities required to relocate lines are being reimbursed for relocation expenses; and (4) City requests reimbursement for costs and expenses incurred as a result of such construction or improvement; then Company's costs and expenses shall be included within any such application for reimbursement, provided that Company submits the appropriate documentation to the City prior to such application. City shall make a reasonable effort to provide sufficient notice to Company to allow the submittal of appropriate cost information to the City. SECTION 6 Company shall indemnify, hold harmless, and defend the City, its officers, agents, servants, and employees, at Company's own expense from and against any and all property loss or damage and/or personal injury, including death, in connection with the use and operation, existence or location of its gas distributing system. SECTION 7 In addition to the rates charged for gas supplied, Company may make and enforce reasonable charges, rules, and regulations for service rendered in the conduct of its business including a charge slakeII\lonestar.orl _4_ for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. Company shall have the right to contract with each customer with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company' s main in the streets or alleys to and throughout the Customer's premises. Company shall own, operate, and maintain all service lines, which are defined as the supply lines extending from the Company' s main to the Customer's meter where gas is measured by Company. The Customer shall own, operate; and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with Customer's house piping. SECTION 8 . Company shall not be required to extend mains on any street more than one hundred (100) feet for any one Customer of gas; provided that no extension will be required if the customer will use less gas than normally needed for space heating and water heating, or the equivalent, nor shall Company be required to connect customers to high pressure lines. SECTION 9 Company shall be entitled to require from each and every Customer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company' s Quality of Service Rules as may be in effect during the term of this franchise. Said deposit shall be retained and refunded in accordance with such slakell\lonestar.orl -5- //a -S Quality of Service Rules and shall bear interest, as provided in Tex.Rev.Civ.Stat.Ann. Article 1440a (Vernon Supp. 1989) as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the Customer making the deposit. SECTION 10 The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person, firm, or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. SECTION 11 Company shall furnish reasonable and adequate services to the public at reasonable rates and charges therefor; and Company shall maintain its property, equipment, and appliances in good and safe order and condition. Company's property and operations in the City shall be subject to such regulation by the City as may be reasonably necessary for the protection of the general public. SECTION 12 Company, its successors and assigns, agrees to pay and City agrees to accept, on or before the 1st day of June, 1993, and on or before the same day of each succeeding year during the life of this franchise, the last payment being made on the 1st day of June, 2017 , a sum of money which shall be equivalent to four percent (4%) of the gross receipts received by Company from the sale of gas to its residential and commercial customers within the corporate slakeIl\lonestar.orl -6- //a -6 limits of said City (expressly excluding governmental accounts and receipts derived from sales to all other classes of customers in said City) during the preceding calendar year, which annual payment shall be for the rights and privileges herein granted to Company, including expressly, without limitation, the right to use the streets, alleys, highways, and public ways of said City. The initial payment for the rights and privileges herein provided shall be for the period January 1 through December 31, 1993, and each succeeding payment shall be for the period January 1 through December 31 of the respective year in which the payment is made. And it is also expressly agreed that the aforesaid annual payment shall be in lieu of any and all other and additional occupation taxes, easement, and franchise taxes or charges (whether levied as an ad valorem, special, or other character , of tax or charge) , in lieu of municipal license and inspection fees, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and; rentals of whatsoever kind and character which City may now impose or hereafter levy and collect, excepting only the usual general or special ad valorem taxes which City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of taxes, licenses, fees, street or alley rental or charges, easement or franchise taxes or charges aforesaid, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay any such slakeII\lonestar.orl -7- //a. - 7 taxes, licenses, charges, fees, rentals, easement or franchise taxes or charges. In order to determine the gross receipts received by Company from the sale of gas to residential and commercial customers within the corporate limits of City, Company agrees that on the same date that payments are made, as provided in the preceding paragraph of this Section 8, it will file with the City Secretary Clerk a sworn report showing the gross receipts received from the sale of gas to its residential and commercial customers within said corporate limits during the calendar year preceding the date of payment. City may, if it sees fit, have the books and records of Company examined by a representative of said City to ascertain the correctness of the sworn reports agreed to be filed herein. SECTION 13 Company shall not give unreasonable preference or advantage as to the rates of services to anyone with a service classification, nor discriminate against anyone on account of race, color, religion, sex, or national origin. SECTION 14 The City Council shall have the option to declare this ordinance terminated at any time for failure of the Company to comply with any term, condition or provision of this ordinance, in accordance with the following procedures: (a) If the Company continues to violate or fails to comply with the terms and provisions of this ordinance for a period of thirty (30) days after the Company shall have been notified in writing by the City to cure such specific alleged violation or slakell\lonestar.orl -8- //cam - S failure to comply, then the City may pursue the procedures set forth below to declare that the Company has terminated all rights and privileges consented to in this ordinance; provided, however, that if the Company is alleged to be in violation of any provision of this ordinance other than the payment ; of money and if the Company commences efforts to cure such alleged violation(s) within thirty (30) days after receipt of written notice and shall thereafter prosecute such curative efforts with reasonable diligence until such curative efforts are completed, then such alleged violation(s) shall cease to exist and this ordinance shall not be declared to be terminated. (b) Any such termination shall be declared only by a written decision of the City Council after an appropriate public proceeding before the City Council, which shall accord Company due process and full opportunity to be heard and to respond to any such notice of alleged violation or failure to comply. All notice requirements shall be met by providing the Company at least an additional fifteen (15) days prior written notice of any public hearing concerning the proposed termination of this ordinance. In addition, fifteen (15) days notice by publication shall be given of the date, time and place of any public hearing to interested members of the public. (c) The City Council, after full public hearing and upon finding a violation or failure to comply may either declare this ordinance terminated or excuse the violation or failure to comply upon a showing by the Company of mitigating circumstances of good cause for said violation or failure to comply. slakell\lonestar.orl -9- //Q — (d) Neither the Company' s acceptance of this ordinance, Company's appearance before the City Council at any public hearing concerning proposed termination of this ordinance nor any action taken by the City Council as a result of any such public hearing, including a declaration of termination or a finding of a violation or failure to comply, shall be construed to waive or otherwise affect the Company's right to seek a judicial determination of the rights and responsibilities of the parties under this ordinance. (e) The Company shall not be excused from complying with any of the terms and condition of this ordinance by the previous failure of the City to insist upon or to seek compliance with such terms. SECTION 15 When this franchise ordinance shall have become effective, all previous ordinances of said City granting franchises for gas distribution purposes which were held by Company shall be automatically cancelled and annulled, and shall be of no further force and effect. SECTION 16 This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. slakell\lonestar.orl -10- //a -"i SECTION 17 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 18 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting natural gas franchises which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 19 In order to accept this franchise, Company must file its written acceptance of this franchise ordinance within sixty (60) days after its final passage and approval by said City. If this franchise ordinance is not accepted by Company within sixty (60) days, the franchise ordinance shall be rendered null and void. slakell\lonestar.or1 -11- /a - i/ SECTION 20 This ordinance shall become effective on December 5, 1992, provided that prior to December 5, 1992, Company's written acceptance is filed with the City. If Company's written acceptance is filed with City after December 5, 1992, this ordinance shall become effective on the date Company's written acceptance is filed with the City. PASSED AND APPROVED THIS THE DAY OF , 1992. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: slakell\lonestar.orl -12- // �/Z City of Southlake,Texas - I MEMORANDUM August 27, 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: ISSUES FOR ECONOMIC DEVELOPMENT Southlake's Community Profile is expected from the printer on 8/28 or 8/31. City staff would like to take this opportunity to go over the highlights of the profile with the City Council. Any input that Council has on issues that impact economic development will be discussed at this time. CT 0.//1 //A. 4 �a City of Southlake, Texas CITY MANAGER , -2 1 f - 1!, MEMORANDUM August 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. -`Barnes, P.E. Director of Public Works SUBJECT: CROSSROADS SQUARE DEVELOPMENT - SEWER AND RELATED FEES At the beginning of the Crossroads Square Development, the engineer for the development, Levitt Engineers, submitted to the City Engineer plans for a lift station and force main to serve the development. Levitt Engineers submitted to the City two sizes of lift station pumps that were proposed to meet the Texas Water Commission's (TWC) minimum requirements. The first was two (2) 100 gpm pumps and the second was three (3 um . When these twa sizes of pumps were submitted, the City Engineer and staff determined that these pumps were the minimum that the TWC and developer required. The minimum required force main for both sizes of pumps was a 4" line. Staff met with Levitt Engineers to resolve which pumps to use - either the two (2) 100 gpm pumps or the three (3) 50 gpm. At no time during the course of the construction plan review did Levitt Engineers indicate that pumps smaller than the two 100 gpm pumps or the three 50 gpm pumps would be the minimum required to serve the development. The major concern was to select pumps which would produce a flow of two (2) feet per second through the force main. Staff was told by the developer's engineer that there was not much cost difference between the two alternatives and since the two 100 gpm pumps met the required two (2) foot per second flow minimum, the two (2) 100 gpm pumps were selected. The two 100 gpm pumps have enough capacity to serve the Crossroads Square Development and a portion of the surrounding area. The amount of area that can be served will depend on the type of development, but in general the lift station will serve more than twice the demand of the Crossroads Development. The construction plans for the development were approved by the City with two 100 gpm pumps (which is what is actually being installed) . After the approval of the construction plans, the developer contended that the City should pay for the extra capacity in the lift station and force main. The staff informed the developer that we only approved what was submitted to us and what we thought was the TWC's minimum requirement for the type of development being planned. ///!_ Curtis E. Hawk, City Manager CROSSROADS SQUARE DEVELOPMENT - SEWER AND RELATED FEES August 27 , 1992 Page 2 The developer then contacted TWC about their requirements for lift stations and was told they would approve a lift station with less than 100 gpm pumps on a case by case basis. The developer informed the City of TWC's comments and. Eddie Cheatham contacted TWC to confirm their response. TWC told Mr. Cheatham that in this particular situation they might not approve plans with less than 100 gpm pumps in the lift station. To resolve the problem, Eddie Cheatham (City Engineer) , David McMahan (developer) , John Levitt and Glen Bright (developer's engineers) , and I met with the TWC representatives on August 20, 1992 in Austin. The result of the meeting was that the TWC agreed they would approve a smaller lift station and force main than the two 100 gpm pumps and 4" force main. The developers engineer, for the first time, stated at the meeting that three (3) 43 gpm pumps with a 3-inch force main would meet the two feet per second minimum flow. If the Council agrees that the City should pay the differential cost between the different sizes of lift stations, the developer will submit a cost estimate for the three (3) 43 gpm pumps, 3-inch force main and any difference there may be in the wet well and ancillary facilities. Staff will get their own cost estimates for the proposed facilities and determine the estimated cost for the three 43 gpm pumps and 3-inch force main. When an acceptable price for the pumps and force main can be determined between the city and developer, that cost will be subtracted from the actual cost of the two 100 gpm pumps and 4-inch force main and the difference be reimbursed to the developer. It is estimated that this cost difference will be between $5, 000 and $10, 000. This cost would be paid from line item 147/991. 00 Sewer Distribution System. To prevent a reoccurrence of this situation, the staff is preparing a lift station checklist that will outline the development's requirements and the staff's suggested requirements that will be filled out by the developer prior to submitting construction plans. MHB/lc c:I wpfileslmemos%CrosRdSq.Fee ll1 .doL City of Southlake, Texas MEMORANDUM August 27 , 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ad Valorem Tax Collection Agreement with Tarrant County The renewal agreement for property tax collections was received from June Garrison, Tarrant County Tax Assessor/Collector in early July. Their standard agreement includes sections which I have proposed to modify. The following is a summary listing of the changes. 1. Section I - Expand required monthly reports to include rollback tax report, reconciling report of adjustments to the tax roll, and report of tax collection allocation. Delete sentence that "All disbursements made by check will be the day following collection" because it conflicts with the sentence immediately preceding it. 2 . Section II - Delete provision to reserve the right to increase the transactional fee if the City contracts with -a law firm other than the firm contracted by the Commissioners' Court. 3 . Section III - Add provision that the County will mail tax bills by October 1 or as close to that date as practicable, and notify City of mailing date. 4 . Section IV - Change the effective date from "during the 1992 tax year", to "through September 30, 1993" . 5 . Section VI - Add provision to allow for electronic transfer of funds directly to City depository bank. 6 . Section VII - Refunds will be in accordance with Section 31. 11 of the Property Tax Code. 7 . Section X - Add right to perform audit of tax collections at the County as they relate to the City's collections. Add provision to access via modem inquiry to City tax accounts. Provide for notification if any deferred payout arrangement is made for accounts in excess of $20, 000 . f 5/1- Curtis E. Hawk Ad Valorem Tax Collection Agreement-Tarrant County August 27 , 1992 Page 2 The changes have been incorporated in the attached agreement. The original and the changed agreement have been faxed to Betsey Elam at Fielding, Barrett & Taylor for her review. At this point, there has been no comment on my recommendations. I have not discussed any of these proposed changes with Tarrant County, however, I understand that several jurisdictions are modifying their agreements to accommodate items of importance to them. Please place this item on the agenda for the September 1 City Council meeting. 4101 LAH STATE OF TEXAS X X AGREEMENT COUNTY OF TARRANT X Agreement made this the 1st day of September, 1992 , by and between June Garrison, Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLECTOR, whose address is 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereafter referred to as the CITY, whose address is 667 N. Carroll Avenue, Southlake, Texas 76092 . PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the CITY has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASHION AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing Mortgage Companies, Property Owners and Tax Representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U. S. Mail or electronic transfer of data; rapid deposit payment processing; monthly balancing statements, including but not limited to "Tax Unit Distribution Summary" , "Month End Report" , and Statement of rollback taxes collected according to Chapter 23 of the Property Tax Code; the annual printed Tax Roll, Delinquent Roll and Paid Roll; and a monthly data processing magnetic tape of delinquent accounts in the same format (Exhibit "A") as provided to the law firm with whom the County has contracted. All CITY disbursements for collected tax accounts will be made to the CITY on the day the County Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100 . 00) , the disbursement will be withheld until the cumulative total of taxes collected for the CITY equals one hundred dollars ($100. 00) , or at the close of the month.. II . COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered are as follows: 1. A rate of forty cents ($. 40) per transaction or account collected/refunded by the ASSESSOR/COLLECTOR. 2 . The cost of additional services requested by the CITY not set out in Paragraph I, will be deducted from the CITY'S collections. A. Data Processing requests: $350 per C.P.U. hour B. Programming: $25 per hour III. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2 : 00 p.m. , Friday, September 18, 1992 . Under authority of Section 31. 01 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to the CITY. If the CITY wishes their collection reports to be broken out as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as, the total tax rate. ASSESSOR/COLLECTOR will mail tax bills by October 1 or as soon thereafter as practicable, and will notify CITY in writing of mailing date. IV. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect through September 30, 1993 , unless sooner terminated by providing notice as outlined in paragraph IX. V. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes and Court orders. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. VI . DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depository bank. Electronically transferred funds _incur an additional fee not to exceed the actual bank transaction fee incurred which will be charged back to the CITY and deducted from those collected funds. VII . REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR in compliance with Section 31 . 11 of the Property Tax Code. The ASSESSOR/COLLECTOR/ will advise the CITY in writing monthly of changes in the tax roll which were mandated by the Tarrant Appraisal District. VII. DELINQUENT COLLECTIONS The Tarrant County Commissioner's Court has contracted with a Law Firm to collect all taxes delinquent after JULY 1. The ASSESSOR/COLLECTOR will collect the fifteen percent (15%) collection fee, when allowed by statute, from the taxpayer upon receipt of the tax payment and forward the amount directly through to the CITY for compensation to a Firm under contract to the CITY. If the delinquent collection Attorney contracted by the CITY requires attendance of tax personnel at a court other than the District Courts in downtown Fort Worth, and the county is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to the collection expenses and charged to the CITY. IX. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. 3 �.i X. MISCELLANEOUS PROVISIONS 1. This instrument and the attachments hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing and signed by the parties. 2 . This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas . 3 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. 4 . In case any one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never' been contained. 5. This agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6 . The CITY reserves the right to perform an audit of the ASSESSOR/COLLECTOR'S operations and finances as it relates to the collection of CITY taxes. The ASSESSOR/COLLECTOR agrees to allow access to all pertinent materials and documents . 7 . The ASSESSOR/COLLECTOR shall provide the CITY with on-line inquiry access via modem into the ASSESSOR/COLLECTOR computer system. 8 . The ASSESSOR/COLLECTOR shall notify and consult with CITY prior to establishing deferred payout arrangements for anv account or amount in excess of $20, 000. • Executed on the day and year first above written, Tarrant County, Texas. JUNE GARRISON TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAKE: BY: . TITLE FOR TARRANT COUNTY: • • BY: TOM VANDERGRIFF TARRANT COUNTY JUDGE • s? -7 • EXHIBIT A TARRANT COUNTY TAX OFFICE NAME: DELINQUENT ACCOUNTS - MASTER FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N 11 ACCOUNT NUMBER A 01 ROLL CODE A 30 OWNER NAME 1 A 30 OWNER NAME 2 A 30 ADDRESS LINE 1 A 30 ADDRESS LINE 2 A 20 CITY A 02 STATE N 09 ZIP A 02 BAD ADDRESS FLAG A 30 LEGAL DESCRIPTION 1 A 30 LEGAL DESCRIPTION 2 A 30 LEGAL DESCRIPTION 3 A 30 LEGAL DESCRIPTION 4 N 11 ACRES A 18 STREET NAME N 07 STREET NUMBER N 08 SQUARE FOOTAGE A 30 PIDN A 01 OVER 65 A 01 HOMESTEAD A 01 DISABLED A 03 TAD EXEMPTION CODE A 01 ARB A 45 ENTITY CODES A 15 NON BILL CODE A 03 SPTB A 01 QUARTER PAYMENT A 01 SPLIT PAYMENT A 01 AGREEMENT ASCII 9 TRACK 6250 BPI RECORD SIZE - 421 BLOCK SIZE - 10525 LABEL 6 5? -O EXHIBIT A (CONTINUED) TARRANT COUNTY TAX OFFICE NAME: DELINQUENT ACCOUNTS - RECEIVABLE FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N 11 ACCOUNT NUMBER N 02 YEAR N 03 TAX UNIT A 01 FIDUCIARY N 06 DELINQUENCY DATE N 11 LEVY N 11 BALANCE N 06 JUDGEMENT DATE A 15 SUIT NUMBER A 15 BANKRUPTCY NUMBER ASCII 9 TRACK 6250 BPI RECORD SIZE - 81 BLOCK SIZE - 16200 LABEL 7 • lei tS. > • %.* IrMEPINFIFFN ps TARRANT COUNTY JUL 09 1992 FORT WORTH, TEXAS 76196-0301 JUNE GARRISON • OFFICE o. Tax Assessor-Collector CITY SECRETAI) July 6, 1992 City of Southlake Attn: Mayor Gary Fickes 667 N. Carroll Ave. Southlake, Texas 76092 Dear Mayor Fickes: Please find enclosed our renewal contract for collection of your ad valorem taxes. If you will be so kind as to sign and return the document to my office, I will send a copy for your records after the document has ' been approved and signed by Judge Tom Vandergriff. Thank you for your splendid spirit of cooperation. Please contact me or my Deputy of Finance, Don Sharp, any time we may be of assistance in any way. You will note the contract has set September 18 as the LAST DAY to advise us of your new tax rate. Sincerely, June Garrison Tax Assessor-Collector Tarrant County JG/oj Attachment: 1 contract • STATE OF TEXAS X X AGREEMENT COUNTY OF TARRANT X Agreement made this the day of ,1992, by and between June Garrison, Tarrant County Tax Assessor-Collector, hereinafter referred to as ASSESSOR/COLLECTOR, whose address is 100 E. Weatherford Street, Fort Worth, Texas 76196-0301, and the City of Southlake, hereafter referred to as the CITY, whose address is 667 N. Carroll Avenue, Southlake, Texas 76092. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the CITY. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: I. SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to collect the taxes due and owing on taxable property upon which the CITY has imposed said taxes. The ASSESSOR/COLLECTOR shall PERFORM THE SAID SERVICES IN THE SAME MANNER AND FASHION AS TARRANT COUNTY COLLECTS ITS OWN TAXES due and owing on taxable property situated within its boundaries. The services performed shall include, but not be limited to: receiving information from the Tarrant Appraisal District for purposes of the Certified Appraisal Roll, and monthly changes thereto; providing Mortgage Companies, Property Owners and Tax Representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; rapid deposit payment processing; monthly balancing statements; the annual printed Tax Roll, Delinquent Roll and Paid Roll; and a monthly data processing magnetic tape of delinquent accounts in the same format (Exhibit "A") as provided to the law firm with whom the County has contracted. All CITY disbursements for collected tax accounts will be made to the CITY on the day the County Depository Bank indicates the mandatory assigned "float" period has elapsed Page 1 and the funds are posted to the collected balance. All disbursements made by check will be the day following collection. If any daily collection total is less than one hundred dollars ($100.00), the disbursement will be withheld until the cumulative total of taxes collected for the CITY equals one hundred dollars ($100.00), or at the close of the month. II. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered are as follows: 1. A rate of forty cents ($.40) per transaction or account collected/refunded by the ASSESSOR/COLLECTOR. All rights reserved to increase the transactional fee if the CITY contracts with a law firm other than the-firm contracted by the Commissioners' Court. The additional fee is to offset additional costs of supplying delinquent data. 2. The cost of additional services requested by the CITY not set out in Paragraph I, will be deducted from the CITY'S collections. A. Data Processing requests: $350 per C.P.U. hour B. Programming: $25 per hour III. TAX RATE REQUIREMENT The CITY will provide the ASSESSOR/COLLECTOR, in writing, their newly adopted tax rate and exemption schedule to be applied for assessing purposes no later than 2:00 p.m., Friday, September 18, 1992. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of printing and mailing tax-statements because of late reporting of the tax rate or the exemption schedule will be charged to the CITY. If the CITY wishes their collection reports to be broken out as to maintenance and operation fund and interest and sinking fund, then the notice advising of the new tax rate must set out the separate rates, as well as, the total rate. Page 2 IV. TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 1992 tax year, unless sooner terminated by providing notice as outlined in paragraph IX. V. COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes and Court orders. If such compliance is impossible for reasons beyond its control,the ASSESSOR/COLLECTOR shall immediately notify the CITY of that fact and the reasons therefor. VI. DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the CITY shall be promptly transferred to the account of the CITY at their depository bank. VII. REFUNDS Refunds will be made by the County. The ASSESSOR/COLLECTOR will advise the CITY of changes in the tax roll which were mandated by the Tarrant Appraisal District. VIII. • DELINQUENT COLLECTIONS The Tarrant County Commissioner's Court has contracted with a Law Firm to collect all taxes delinquent after JULY 1. The ASSESSOR/COLLECTOR will collect the fifteen percent (15%) Page 3 collection fee, when allowed, from the taxpayer upon receipt of the tax payment and forward the amount directly through to the CITY for compensation to a Firm under contract to the CITY. If the delinquent collection Attorney contracted by the CITY requires attendance of tax personnel at a court other than the District Courts in downtown Fort Worth, and the county is not a party, the employee's expenses and proportionate salary will be the responsibility of the CITY and will be added to the collection expenses and charged to the CITY_ IX. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. X. MISCELLANEOUS PROVISIONS 1. This instrument and the attachments hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing and signed by the parties. 2. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 3. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. 4. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or-unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. 5. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Page 4 Executed on the day and year first above written, Tarrant County, Texas. JUNE GARRISON TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR THE CITY OF SOUTHLAKE: BY: TITLE • FOR TARRANT COUNTY: BY: TOM VANDERGRIFF TARRANT COUNTY JUDGE Page 5 I EXHIBIT A • TARRANT COUNTY TAX OFFICE NAME: DELINQUENT ACCOUNTS - MASTER FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N 11 ACCOUNT NUMBER A 01 ROLL CODE A 30 OWNER NAME 1 A 30 OWNER NAM 2 A 30 ADDRESS LINE 1 A 30 ADDRESS LINE 2 A 20 CITY A 02 STATE • 09 ZIP A 02 BAD ADDRESS FLAG A 30 LEGAL DESCRIPTION 1 A 30 LEGAL DESCRIPTION 2 A 30 LEGAL DESCRIPTION 3 A 30 LEGAL DESCRIPTION 4 N 11 ACRES A 18 STREET NAME N 07 STREET NUMBER N 08 SQUARE FOOTAGE A 30 PIDN A 01 .OVER 65 A 01 HOMESTEAD A 01 DISABLED A 03 TAD EXEMPTION CODE A 01 • ARB A 45 ENTITY CODES A 15 NON BILL CODE A 03 SPTB A 01 QUARTER PAYMENT A 01 SPLIT PAYMENT A 01 AGREEMENT ASCII 9 TRACK 6250 BPI RECORD SIZE - 421 BLOCK SIZE - 10525 LABEL Page 1 vcht -14 EXHIBIT A (CONTINUED) { ' TARRANT COUNTY TAX OFFICE NAME: DELINQUENT ACCOUNTS - RECEIVABLE FILE RECORD LAYOUT: TYPE LENGTH DESCRIPTION N 11 ACCOUNT NUMBER N 02 YEAR N 03 TAX UNIT A 01 FIDUCIARY N 06 DELINQUENCY DATE N 11 LEVY N 11 BALANCE N 06 JUDGEMENT DATE A 15 SUIT NUMBER A 15 BANKRUPTCY NUMBER ASCII 9 TRACK 6250 BPI RECORD SIZE - 81 BLOCK SIZE - 16200 LABEL ( Page 2 City of Southlake,Texas CITY MANAGER MEMORANDUM I? K'I� August 11, 1992 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, P.E. Director of Public Works SUBJECT: JIM MARTIN AGREEMENT Attached is the Jim Martin agreement. The agreement states that the city will pay for the platting of Mr. Martin's existing developed property, approximately four (4) acres at the northwest corner of F.M. 1709 and F.M. 1938,. if he will agree to dedicate sufficient property (approximately 17 feet) for an 84 foot right- of-way on Randol Mill Road. The cost of the platting process will not exceed $1, 500. Cheatham and Associates will perform the surveying work and- prepare the plat. Please place this item on the Council's next agenda for consideration. MHB/ic Attachment: Randol Mill ROW Agreement with Jim Martin c:I wpfila l moms l RandoLML ROW ✓ - N gfr---"= City of Southlake S»ut a"e August 11, 1992 Mayor: Gary Fickes Mayor Pro Tern: Richard W.Wilhelm Mr. Jim Martin Councilmembers: Barry K.Emerson Southlake, Texas Jerry Farrier Stephen W.Apple Sr. Re: Dedication of Right-of-Way Along Randol Mill Road Jon Michael Franks Michael J.O'Brien Dear Mr. Martin: City Manager: Curtis E.Hawk You have approached the City of Southlake regarding your desire to plat a 4 .39 acre tract of land which you own at Sandra mryL. the corner of F.M. 1709 and Randol Mill Road within the Sandra L.LeGrand City of Southlake. In response to your questions, you were informed that should your property be voluntarily platted, you would be required to dedicate approximately 17 feet of right-of-way or a total right-of=way width of 84' along Randol Mill Road for future widening and improvement of that road. It was also explained to you, however, that inasmuch as your property has already been developed and since you are not seeking building permits for the construction of additional structures, no platting is required at this time. The City is desirous of obtaining the required right-of-way along Randol Mill Road, however, and in exchange for the dedication of this right-of-way, the City has agreed to pay the costs of platting of your property. Your approval will be needed on all applications and on the plat itself in order to accomplish this. It is understood and agreed that should you terminate the platting process prior to final approval, you will be required to reimburse the City for all costs associated with the platting process. If this letter agreement complies with your understanding of our agreement, please acknowledge below and return this letter agreement to me. Sincerely, Curtis E. Hawk, City Manager CEH/lc 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 - FAX (817) 481-0036 "AN EQUAL OPPORTUNITY EMPLOYER" Mr. Jim Martin Dedication of Right-of-Way Along Randol Mill Road August 26, 1992 Page 2 AGREED TO AND APPROVED BY: Jim Martin Date STATE OF TEXAS COUNTY OF TARRANT THIS INSTRUMENT was acknowledged before me on this day of , 1992 , by Notary Public in and for the State of Texas c:I wpfilcr I RardoLML ROW 5;4- 3 City of Southlake,Texas CITY MANAGER MEMORANDUM August 27 , 1992 TO: Curtis Hawk, City Manager FROM: Chris Terry, Asst. to the City Manager SUBJECT: RESOLUTION NO. 92-38, APPROVING A POLICY POSITION ON VEHICLE INSPECTION AND MAINTENANCE PROGRAM The attached Vehicle Inspection/Maintenance Resolution supports a continuation of the current decentralized approach among Tarrant, Dallas, Denton, and Collin:.counties to meet-emission standards set forth in the federal Clean Air Act. Such an approach calls for continued vehicle emissions testing procedures and improved enforcement actions . The North Central Texas Council of Governments ' (NCTCOG) Air Quality Advisory Committee (AQAC) has studied this issue and developed the auto emission inspection and maintenance policy position which is attached. NCTCOG's Executive Board has reviewed and endorsed AQAC's recommendation. The NCTCOG action regarding auto pollutants is aimed at creating a cost effective regional approach to dealing with this critical environmental problem. A key element of the NCTCOG recommendation is to solicit support from State entities such as the Governor's Office, State Legislators, and the Texas Air Control Board to institute local air pollution control programs that provide adequate enforcement measures . This item is placed on the City of Southlake's City Council agenda for consideration at the request of the NCTCOG. ATTACHMENTS CTa City of Southiake,Texas RESOLUTION NO. 92-38!. A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF SOUTHLARE, TEXAS, APPROVING A POLICY POSITION ON VEHICLE INSPECTION AND MAINTENANCE PROGRAM; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Dallas,-Fort Worth ozone non-attainment area Consists of Collin, Denton, Dallas and Tarrant Counties; and WHEREAS, Collin and Denton Counties must implement at least a "basic" auto inspection and maintenance program by 1994 to meet Clean Air Act requirements; and WHEREAS, the existing "basic" inspection and maintenance program in Dallas and Tarrant Counties has a high rate of non- participation from car owners and needs better enforcement to be effective;, and WHEREAS, the North Central Texas Council of Governments supports cooperative, cost-effective approaches to air quality programs and has adopted a resolution approving a policy position on vehicle inspection and maintenance program; and, WHEREAS, the City Council of the City: of Southiake supports the position taken by the North Central Texas Council of Governments; and, WHEREAS, other options proposed by the Texas Air Control Board have merit but do not include a commitment :to enhance the current program for greater effectiveness; and, WHEREAS, the Dallas-Fort Worth ozone non-attainment area is not required at this time to implement the other more stringent options recommended by the Texas Air Control Board. THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTHLAKE, THAT: Section 1. The City of Southiake ! adopts the Consensus Position (see attachment 1) developed by the Air Quality Advisory Committee of the North Central Texas Council of Governments. r � Section 2 . This resolution shall begin effect immediately upon its adoption. d Passed and approved this 1st day of September., 1992 . • ATTEST: Mayor City Secretary 92-38.RES/ORD&RES/kb Attachment 1 North Central Texas Council of Governments Air Quality Advisory Committee CONSENSUS POSITION AUTO INSPECTION & MAINTENANCE ,PROGRAM DALLAS/FORT WORTH METROPLEX June 10, 1992 o This region supports a cooperative, cost-effective approach to reach air quality goals. o The selection of an I/M program should be undertaken in conjunction with other control strategies, as part of a comprehensive State lmplementaion Plan development process. Cost effectiveness of VM program should be developed. o Under the Clean Air Act, moderate non-attainment areas, such;as the 4-county Dallas-Fort Worth area, are not required to implement centralized "high-tech" programs at this time. o Test operators now using the 2-speed test "Bar 90" technology in Dallas and Tarrant Counties need an opportunity to recoup their investment over the next 3-4 years: • o Decentralized programs can significantly improve emissions; reductions if enforcement compliance reaches 90 percent. o Current timetable is proposed by TACB, based upon TACB 8 Department of Public Safety preference for centralized system in the Dallas/Fort Worth area. ii o TACB should consider funding and developing a more effective enforcement program to support the current decentralized network, instead of switching now in favor of new technology. Nearly $20 million a year is returned to the general fund from test fees in our area, only a small portion of which is now allocated in return to enforcement of the test program. o TACB should await published guidance from EPA and evaluate the effectiveness of other centralized "high-tech"systems before recommending such programs in Dallas/Fort Worth. In addition, MOBILE 5.0 software is forthcoming, with effectiveness to be quantified with its use. o Existing options reduce the incentives for a nine-county integrated program. o The effectiveness of the "high-tech" test has not been demonstrated (i.e. would more vehicles fail this particular test?) IY o Some'options would require up to four trips: safetycheck;initiel,emissions:inspection repair if needed, and completed inspection. This would result in great inconvenience to car owners. o The TACB options propose confusing systems based on model years and various locations. A confusing system would hurt the credibility of the program. o There is no clear guidance from State at this time whether the Dallas-Fort Worth area needs to focus on ii NOx testing and control-strategy. This issue May be clarified in the next 12-18-months. o There is no demonstrated effectiveness for the pressure test. ,Itt the test is indeed necessary, options other than testing as part of a centralized emissions test could`be considered, for example, by asking car manufacturers and dealers to conduct the pressure test. o National data from EPA indicate that 10 percent of vehicles produce nearly 50 percent of mobile-source emissions. A cost effective program should target these gross;polluters. RECOMMENDATIONS 1. Texas Legislature should provide sufficient resources & powers to the Texas Air Control Board to fund aggressive enforcement of the decentralized program through the Department of Public Safety and local air pollution control programs. .2. The Dallas/Fort Worth region should pursue the option of Collin and Denton Counties implementing a decentralized inspection and maintenance program. • - • 3. The perimeter counties of the Dallas-Forth metropolitan region (i.e., Parker, Rockwall, Johnson, Ellis. Kaufman) should be asked to consider opting for some form of a basic I/M program. 4. TACB should consider implementation of a decentralized computer system, with real-time enforcement capability, to reduce/remove the discrepancy with centralized networks. If the TACB needs additional funding to implement the computer system, then the TACB should seek funding from the Legislature. ei 1i jl 1 North Central Texas Council of Lovemments mug G P. O. Drawer COG Arington, Texas 76005-5888 • O William R. Campbell August 3, 1992 Executive Director Texas Air Control Board 12124 Park 35 Circle Austin, Texas 78753 Dear Mr. Campbell: The NCTCOG Executive Board met on July 24, 1992 and formally approved the enclosed resolution from our Air Quality Advisory Committee (AQAC) supporting a continuation of the current decentralized vehicle emissions testing program, with improved enforcement. At their June meeting, our Board first considered this resolution but chose to delay action upon your request and to allow time for NCTCOG staff to gather additional information. Since then, the NCTCOG staff and I, chair of AOAC, have met with TACB staff to discuss our respective positions on the most effective l/M program for our region. We acknowledged many areas of common concerns but feel our position, although different from the State's, has strong validity. Our position is based on important concerns for air quality which need attention, particularly the unacceptable rate of non-participation in the current vehicle emissions testing (Inspection/Maintenance) program. Other important concerns address the need for a regional approach, the need to obtain the greatest reductions possible in our area quickly, and other critical issues. NCTCOG staff has discussed the proposed program with many local government representatives and legislators, particularly from Collin and Denton Counties. No one to date sees sufficient merit in the State proposed centralized approach to support it. Based on the discussions in our region, we have developed a list of such concerns (see enclosed list of reasons). In short, we agree that an aggressive program to reduce emissions, particularly from mobile sources, is essential to the Dallas-Fort Worth area, but at this time, we see more benefits in a decentralized than a centralized program. We appreciate the Texas Air Control Board hosting a workshop on the vehicle emissions testing program in this area at their July 24, 1992 meeting. We also thank the TACB for acknowledging ourregion's position'and our-need toy further develop the details of the program- :.The TACB staff has agreed to discuss and negotiate with our local government through NCTCOG, through further work in the next few weeks, until a mutually agreeable I/M program can be devised. • (`�^ = -••, T.. gig C C'+_ c r1.•,.o r1�"�: :nr ;�...+� A�a ., 9., 9.1 .:']'1.1 FAY Rarl.'A^A • We look forward to continuing discussion with the State regarding 1/M program issues and are committed to develop and implement the most effective program to attain air quality standards in this region. Please feel free to call us if we can be of any further assistance. *.14 Marti nRavenswaay Chairman, Air Quality Advisory Committee SM:sm End. 52r -06 • NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Reasons why a centralized inspection/maintenance program cannot be supported at this time • This region is committed to cost-effective programs that will work towards attainment of the ozone standard by 1996. We feel that this goal can be achieved. A centralized program should not be adopted simply because it may be necessary if the region does not reach attainment by 1996. • Enforcement of an I/M program is critical to its..success. The current program in Dallas and Tarrant Counties has a compliance rate of 63 percent. Therefore, over one-third of the vehicles required to participate in the program are avoiding it. Furthermore, the Texas Legislature has apparently decommissioned the Department of Public Safety officers previously, responsible for - enforcing the I/M program. It is our understanding that the program currently operating in Dallas and Tarrant Counties is not being properly enforced. A centralized program does not address this immediate problem. • A more effective solution than centralized I/M may be to expand the decentralized program into Collin, Denton and other perimeter counties, .=implement vehicle registration denial for noncompliant vehicles, conduct covert audits,and include purge and pressure tests,for example. It may be possible to begin this type of program in 1993, one year earlier., However, the decentralized program parameters that prove equivalency of the Basic I/M standard must be available to do this. • Mobile source emissions in Collin and Denton Counties comprise about 11 percent of the mobile source emissions in the DFW nonattainment area. A centralized I/M program in these two counties, no matter how effective, will not significantly decrease emissions. In addition, ten percent of the worst emitting vehicles represent approximately 45 percent of the inventory, and are likely absent from the current program. • The prevailing wind direction in this region is from south to north. Therefore, implementing a centralized I/M program in Collin and Denton Counties may have little or no impact on monitored ozone levels in those counties because it is quite possible that pollutants originating in Dallas and Tarrant Counties are causing the ozone problems to the north. The TACB's Urban Airshed Model should provide more detailed information in this area and should be queried before TACB endorsement. • The nine counties in the DFW CMSA have been committed to regional cooperation to solve the air quality problem. A reasonable amount of doubt exists as to whether the surrounding counties will voluntarily adopt a centralized program. • The region should explore other options that may offer more cost-effective solutions than a centralized I/M program. These programs could possibly include Cash for Clunkers, alternative fuels, travel demand management, California new car standards, reformulated gasoline, lower Reid Vapor Pressure gasoline, real time ozone alert travel days and inspection of new vehicles. • A centralized I/M program that requires the consumer to visit different locations for an emissions test, safety inspection, and vehicle repair is difficult to describe as convenient. NCTCOG staff working paper.7l27/92" RESOLUTION APPROVING POLICY POSITION ON VEHICLE INSPECTION AND MAINTENANCE PROGRAM WHEREAS, the Dallas-Fort Worth ozone non-attainment area consists of Collin, Denton, Dallas and Tarrant Counties; and WHEREAS, Collin and Denton Counties must implement at least a "basic" auto inspection and maintenance program by 1994 to meet Clean Air Act requirements; and WHEREAS, the existing 'basic" inspection and maintenance program in Dallas & Tarrant Counties has a high rate of non-participation from car owners and needs better enforcement to be effective; and WHEREAS, the North Central Texas Council of Governments supports cooperative, cost-effective approaches to air quality programs; and WHEREAS, other options proposed by the Texas Air Control Board have merit but do not include a commitment to enhance the current program for greater effectiveness; and. WHEREAS, the Dallas-Fort Worth ozone non-attainment area is not required at this time to implement the other more stringent options recommended by the Texas Air Control Board. NOW, THEREFORE, BE R HEREBY RESOLVED: SECTION 1 That the North Central Texas Council of Governments adopts the Consensus Position (see attachment 1) developed by the Air Quality Advisory Committee ( 1 , SECTION 2 That the Executive Director and staff of the North Central Texas Council of Governments is authorized to actively pursue the Action Plan (see attachment 2) to enhance the inspection & maintenance program in the Dallas-Fort Worth metroplex. SE N 3 That this resolution shall be in effect immediately upon its adoption. pruill, President N h Central Texas Council of Governments Mayor, City of Addison • I hereby certify that this resolution was adopted by the Executive Board of the North - = Texas Council of Governments on July 23, 1992. itOpP - 'S Secreta - -asurer o• Central Texas ouncil of Governments • ayor, City of Richardson — 31 Attachment 1 North Central Texas Council of Governments Air Quality Advisory Committee CONSENSUS POSITION AUTO INSPECTION & MAINTENANCE PROGRAM OALLAS/FORT WORTH METROPLEX June 10. 1992 o This region supports a cooperative. cost-effective approach to reach air quality goals. o The selection of an I/M program should be undertaken in conjunction with other control strategies. as part of a comprehensive State Implementaion Plan development process. Cost effectiveness of UM program should be developed.. o Under the Clean Air Act, moderate non-attainment areas, such as the 4-county Dallas-Fort Worth area. are not required to implement centralized 'high-tech' programs at this time. o Test operators now using the 2-speed test 'Bar 90" technology in Dallas and Tarrant Counties need an opportunity to recoup their investment over the next 3-4 years. o Decentralized programs can significantly improve emissions reductions if enforcement compliance reaches 90 percent. . o Current timetable is proposed by TACK. based upon TACB & Department of Public Safety preference for centralized system in the Gallas/Fort Worth area. o TACB should consider funding and developing a more effective enforcement program to support the current decentralized network. instead of switching now in favor of new technology. Nearly $20 million a year is returned to the general fund from test fees in our area, only a small portion of which is now allocated in return to enforcement of the test program. o TACB should await published guidance from EPA and.evaluate the effectiveness of other centralized 'high-tech"systems before recommending such programs in Dallas/Fort Worth. In addition.MOBILE 5.0 software is forthcoming, with effectiveness to be quantified with its use. o Existing options reduce the incentives for a nine-county integrated program. o The effectiveness of the 'high-tech' test has not been demonstrated (i.e. would more vehicles fail this particular test?) <:. o Some options would require up to four trips: safety check. initial.:emissions inspection;repair if needed: and completed inspection. This would result in great inconvenience to car owners. • The TACB options propose confusing systems based on model years and various locations. A confusing system would hurt the credibility of the program. o There is no clear guidance from State at this time whether the Dallas-Fort Worth area needs to focus on , • NOx testing and control strategy. This issue may be clarified in the next 12-18 months. o There is no demonstrated effectiveness for the pressure test. If the test is indeed necessary. options other than testing as part of a centralized emissions test could be considered. for example, by asking car manufacturers and dealers to conduct the pressure test. o National data from EPA indicate that 10 percent of vehicles produce nearly 50 percent of mobile source emissions. A cost effective program should target these gross polluters. RECOMMENDATIONS. 1. Texas Legislature should provide sufficient resources & powers to the Texas Air Control Board to fund aggressive enforcement of the decentralized program through the Department of Public Safety and local air pollution control programs. 2. The Dallas/Fort Worth region should pursue the option of Collin and Denton Counties implementing a decentralized inspection and maintenance program. • 3. The perimeter counties of the Dallas-Forth metropolitan region (i.e., Parker. Rockwall, Johnson. Ellis. Kaufman) should be asked to consider opting for some form of a basic I/M'program. 4. TACB should consider implementation of a decentralized computer system. with real-time enforcement capability, to reduce/remove the discrepancy with centralized networks. If the TACB needs additional funding to implement the computer system. then the TACB should seek funding from the Legislature. • Attachment 2 North Central Texas Council of Governments 5-POINT ACTION PLAN TO CARRY OUT REGIONAL NEEDS FOR AUTO INSPECTION & MAINTENANCE PROGRAM June 10, 1992 1. Request Priority Attention to Enforcement of Auto I/M program. The current decentralized basic l/M program could meet EPA effectiveness requirements if the participation rate from target cars could be raised from 65%. Current enforcement resources are not adequate to provide the necessary compliance level. Emssions test fees collected by the State are not fully allocated to the Inspection & Maintenance program needs. NCTCOG should contact the Governor's Office, State Legislators and the Texas Air Control Board and request adequate resources and powers be made-available to the Department of Public Safety and local air pollution control programs to provide necessary enforcement. 2. Solicit State Commitment to a Decentralized Inspection & Maintenance Program in the D/FW area. Our region believes that centralized programs are premature at this time. On the other hand, we seek a commitment to improve/enhance the existing decentralized program. NCTCOG should solicit support from the State regarding this position. ?. Enhancements to a Decentralized Inspection& Maintenance Program. Request the Texas Air Control } Board to examine improvements in the. existing Inspection program by. for example, moving up the implementation dates of Denton and Collin County inspections, adding other vehicle systems to the testing procedure and. reviewing the existing method of the current gas analyzer test. 4. Explore Full Range of I/M Options through SIP Process. The Gallas/Fort Worth is on a fast-track schedule to develop, under TACK guidance, our share of the State Implementation Plan over the next 12-18 months. In this effort, NCTCOG should fully explore the various options available to our region, and evaluate cost-effectiveness. 5. Inspection Testing for New Cars. Federal law currently prohibits emission testing on new cars although some evidence exists that not all of the emission control systems on vehicles are fully operational when purchased. Pursue with federal authorities the cost and effectiveness of changes in this position. • A large amount of f hydrocarbon pollution comes from relatively few cars with "dirty" exhaust 100 ,.. 90 --- M , y �/ n 1 , I ^ k kl, 10 1I.* , ` i '�, { N .y_ J t , 1 i / (�, 60 -- I .i �'# w i` #.‘ \. V Normal Emitters 111 t 50 a 'I. t . • 1 4It =� High Emitters I. ,1 , ��, • . , 1 { . II' 61 •,•,•.•,•,•,•,.,..,.*., II Super-High Emitters • 20 — Ili • , ......• .. • . • 1.1.1.1•••1.1.1 1•.. 0 •.e.!.••••••• •i.�.• { Percent of Fleet Percent of Emissions Source: EPA, 1990 Norm Central TO,as Council of Cowrnmants 32V ® North Central Texas Council Of Governments YOU NEED TO ADOPT POSITION ON CAR EMISSIONS TESTING (INSPECTION & MAINTENANCE) PROGRAM The Texas Air Control Board (TACB) is proposing a centralized high-tech emissions testing program for cars in Collin and Denton Counties, beginning in 1994. This type of system will be required by law throughout the 9- county metropolitan area if our region does not achieve the ozone standard by 1996. Currently, Dallas and Tarrant Counties have a decentralized type of emissions testing program. However, according to the TACB, about 37% of all cars are illegally evading the program and not getting, tested. Enforcement of this program is inadequate at-this time. After discussing the TACB proposal with local officials and other parties in the region, the Air Quality Advisory Committee of NCTCOG recommended a regional policy position to expand the existing decentralized emissions testing program into Collin and Denton Counties, and seek improved enforcement by the State. NCTCOG's Executive Board formally approved a resolution adopting this position, at their July 24, 1992 meeting. An aggressive program to reduce emissions, particularly from cars and trucks, is essential to the Dallas-Fort Worth area, and at this time, our region sees more benefits in a decentralized than a centralized program. We will continue to work closely with the Texas Air Control Board to develop a comprehensive and effective vehicle air quality program to bring significant emissions through a regional effort. The Texas Air Control Board and the Texas Legislative Joint Committee on the Environment are both soliciting comments through public hearings in the coming weeks. Please adopt a resolution similar to NCTCOG's before September 10, 1992, and forward your position statement to the State (contact.:information-on the back): EZ2 . � _ i.3 Y CONTACT LIST Texas Air Control Board has scheduled a series of public hearings on the inspection/maintenance program. The meeting for the Dallas-Fort Worth area will be held: O September 10, 1992 at 2:00 pm City of Arlington Council Chambers 101 West Abram Street Arlington, Texas Or written comments may be submitted by mail before 4 p.m. September 11 , 1992 to: O Candi. Garrett Mobile Source Division Texas Air Control Board 12124 Park 35 Circle Austin, Texas 78753 The Texas Legislature's Joint Interim Committee on the Environment- Subcommittee on Air Quality is also soliciting comments on the emissions testing program for cars. Please send your written comments to: O Senator Chet Brooks, Chair Subcommittee on Air Quality Joint Interim Committee on the Environment 907 Sam Houston Building P.O. Box 12068 Austin, Texas 78711 Send all copies to: Marti VanRa.venswaay Chair Air Quality Advisory Committee • North Central Texas Council.of.Governments:: ' P.O. Box 5888 Arlington, Texas 76005-5888 tf you have any y questions please :all Saadia Mai, Manager of Resource Conservation, at (817) 640-3300. City of Southlake,Texas MEMORANDUM ( August 19 , 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance No. 480-H: Tents as Nonresidential Accessory Uses In a letter from Rick Stacy / dba Stacy Furniture, he petitioned the Mayor and City Council to revise the zoning 'ordinance to allow the use of tents for retail businesses on a temporary basis . Currently, the zoning ordinance does not provide for this use, and by Section 7 .2, "any use not expressly authorized and permitted is expressly prohibited. " Prior to seeking the Planning and Zoning Commission's recommendation, the City Council discussed amending Section 34, "Accessory Uses, " of the zoning ordinance to allow tents in all nonresidential districts for the purpose of promoting retail sales for a period not exceeding twenty-one (21) days twice annually with a sixty- (60) -day separation between uses . It was recommended that these structures be constructed in compliance with the provisions of the Uniform Building Code and all development regulations of the applicable zoning district. On August 6 , _ 1992, the Planning and Zoning Commission reviewed the use of tents for the purpose of promoting retail sales and recommended that they be allowed as an accessory use, premitted twice annually for a period not exceeding twenty-three (23) days and with a sixty-day separation between uses, that they be charged a permit fee, and that they be permitted in accordance to the provisions of the UBC and the zoning regulations for the applicable district. Upon receiving an interpretation from an ICBO ( International Conference of Building Officials) official, it was learned that- the Uniform Fire Code is the regulatory source regarding tents and not the Uniform Building Code. Ordinance 480-H reflects this change. On August 18, ` 1992; the City Council approved (6-0) the First Reading of Ordinance No. 480-H per the Commission's recommendation, deleting ' the 0-1 and 0-2 districts from the permitted districts, and establishing the policy of issuing no more than two (2) permits in any one year period. Nr� KPG - - 7A_1 FIELDING, BARRETT TEL: 817-560-3953 Aug 20 ,92 11 :4( ' ' .UU4 r.u2 ORDINANCE NO. 480—H , AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTBLAXE, TEXAS, BY AUTHORIZING THE USE OF TENTS FOR TEE PROMOTION OF RETAIL SALES AB ACCESSORY USES IN CERTAIN NONRESIDENTIAL .DISTRICTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 'FOR',; A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A AAVINGB 'CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN TES OFFICIAL NEWSPAPER; AND PROVIDINe E +- = �+ IVE DATE. WEE-: = the o . . lake _ as 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 of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the City Council of the City;:of Southlake now deems necessary to amend Ordinance No. 480, as amended, to specifically authorize the use of tents for the promotion of retail sales as accessory uses in certain nonresidential districts; and WHEREAS, the City Council has given published notice and held public hearings with respect to the amendment of the Zoning Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED :BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: FIELDING , BARRETT TEL: 817-560-3953 j Aug 20 ,92 11 :47 No .004 P.03 SECTION 1 That Section 34, Accessory Uses, of Ordinance No. 480, as amended, is hereby amended by adding a new paragraph •aa" to subsection 34.1, to read as follows: ACCESSORY USE DISTRICTS WHERE PERMITTED aa. Tents for the purpose of promoting retail CS, C-1, C-2, sales for a period not exceeding twenty-three C-3, C-4, B-1, (23) days. This use shall require a permit 8-2, I-1, 1-2, and shall be constructed in accordance with S-P-i, S-P-2, the provisions of the Uniform Fire Code, C-PUD Article 32, as amended. It shall also meet the development regulations of the zoning district in which it is being placed. No more than two permits may be issued in any one year period, with a sixty (60) day separation between uses. SECTION 2 This ordinance shall be cumulative , of all provisions of ordinances of the City of SouthIake, 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 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 -2- FIELDING , BARRETT TEL: 817-560-3953 ! Aug 20 .92 11 :47 No .004 P.04 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 i 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. SECTIONS All rights and remedies of the City of Southiake 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 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 6 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 -3- 7i - of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 7 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 8 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 I -5 City of Southlake,Texas CITY MANAGER MEMORANDUM I 21- /2 lab August 27, 1992 TO: Curtis E. Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Fiscal Year 1992-93 Budget At the August 18 City Council budget work session, the Council recommended changes to the proposed 1992-93 budget. These changes have been incorporated in the attached summary schedules. The first schedule, 'Adjustments to August 1 Proposed Budget' , lists by Fund, Department, and Division the line item changes. In the City Secretary's Division, $1,500 for the Cable Channel Program is deleted. The duplicate $3 , 000 entry for the Keep Southlake Beautiful is deducted. The Parkland Poison Control contribution is reduced by $200 from $1, 200 to the requested $1, 000. In the Public Safety Department, the Photo Lab Equipment and Cabinet are deducted for a total of $4, 000. The $4_, 000 addition of the Computerized Fuel Logging System offsets this. The Parks and Recreation budget reflects an increase of $4,783 in personnel costs, which is the amount to fund the Parks and Recreation Coordinator position full time at $22 , 000 in January 1993 . The net increase to the General Fund budget s $83 . No additional adjustments are proposed. - Within the Utility Fund, the $11, 000 allocation for the Boring Machine is deleted. Leasing a boring machine on an as needed basis will be adequate for the next year. The $11, 000 is proposed to be used to install additional fire hydrants throughout the City. It is estimated this amount will purchase 5 to 6 hydrants. The Special Revenue Fund-Parks/Recreation reflects the reduction of $45, 000 in park improvements: $10, 000 for the installation of Field #4 and $35, 000 for Ball Field lighting. The total net reduction in the 1992-93 Proposed Budget is -$44, 917 . LAH g73-/a- ORDINANCE NO. 569, AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF SOUTHLAKE, TEXAS , APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 1991-92 ; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 , AND TERMINATING SEPTEMBER 30, 1993, AND MAKING (\ APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EF TIVE DATE. WHEREAS, the City ,= sager has prepared - revision of certain figures in the 1• ' • • • •- submitted same to the City Council; and, WHEREAS, the City Manager of the City of Southlake, Texas (hereinafter referred to as the "City" ) has caused to be filed with the City Secretary a budget to cover all proposed expenditures of the government of the City for the fiscal year beginning October 1, 1992 , and ending September 30, 1993, (hereinafter referred to as the "Budget" ) ; and WHEREAS, the Budget, a copy of which is attached hereto as Exhibit "A" and incorporated herein " for all purposes , shows as definitely as possible each of the various projects for which appropriations are set up in the Budget, and the estimated amount of money carried in the Budget for each of such projects; and WHEREAS, the Budget has been filed with the City Secretary for at least thirty ( 30) days and available for inspection by any taxpayer; and WHEREAS, public notice of public hearings on the proposed annual budget, stating the dates, times, places and subject matter of said public hearings , was given as required by the Charter of the City of Southlake and the laws of the State of Texas ; and WHEREAS, such public hearings were held on August 18, 1992 and September 1, 1992 , prior approval of such dates being hereby ratified and confirmed by the;: City Council, and all those wishing to speak on the Budget were heard; and WHEREAS, the City Council has studied the Budget and listened to the comments of the taxpayers at the public hearings held therefor and has determined that the Budget attached hereto is in the best interest of; the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS . sl� 0 `5 Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 . That the revised figures, prepared and submitted by the City Manager for the 1991-92 budget, be, and the same are hereby, in all things , approved and appropriated, and any necessary transfers between accounts and departments are hereby authorized, approved, and appropriated. Section 3 . That the Budget attached hereto as Exhibit "A" and incorporated herein for all purposes is adopted for the Fiscal Year beginning Cctober 1, 1992, and ending September 30 , 1993; and there is .hereby appropriated from the funds indicated such projects , operations , activities , purchases and other expenditures as proposed in the Budget. Section 4 . That the City Manager shall file or cause to be filed a true and correct copy of the approved Budget, along with this Ordinance, with the City Secretary and in the office of the County Clerks of Denton and Tarrant County, Texas, as required by State law. Section 5 . That any and all ordinances, resolutions, rules, regulations , policies or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of conflict herewith. Section 6 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances. is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7 . That the necessity ; of adopting and approving a proposed budget for the 'next fiscal year as required by the laws of the State of Texas; requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading ',this day of , 19 . Gary Fickes , Mayor ATTEST: Sandra L. LeGrand, City Secretary Ordinance No. 569 T,6_°2 PASSED AND APPROVED on second reading this day of , 19 Gary Fickes , Mayor ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney Date: Adopted: Effective: Ordinance No. 569 -3- CITY OF SOUTHLAKE .�3 ADJUSTMENTS TO AU.GUST 1 PROPOSED BUDGET • .,,. GENERAL FUND EXPENDITURES Object Account Adjustment DEPARTMENT/Division Code Description Amount 100—GENERAL GOVERNMENT 100—City Secretary/Mayor/ 248.00 Community Services(Cable Channel Program) (S1,500) City Council 830.00 Dues/License Renewal (Keep Southiake Beautiful) (3,000) 830.00 Dues/License Renewal (Parkland Poison Control) (200) Total (4,700) 103—City Manager's Office none 0 105—Support Services none 0 106—FINANCE 106—Finance none 0 107—Municipal Court none 0 130—PUBLIC SAFETY 131—Fire Services none 0 132—Police Services 901.00 Office Equipment&Furniture (Photo Lab Cabinet) (1,000) 920.00 Field Equipment(Photo Lab Equipment) (3,000) Total (4,000) 133—Public Safety Support 950.00 Computer Equipment(Fuel Logging System) 4,000 Total 4,000 140—PUBLIC WORKS 142—Building Inspections none 0 144—Streets and Drainage none 0 145—Parks/Recreation 101.00 Regular Earnings (Full time Parks/Recreation Coord.) 6,500 111.00 Health/Dental/Life (675) 112.00 Workers Compensation (518) 114.00 RCA II—Medicare (138) 120.02 Retirement II (386) Total 4,783 146—Public Works Admin. none 0 150—COMMUNITY DEVELOPMENT • 150—Community Development none 0 • GRAND TOTAL GENERAL FUND $83 UTILITY FUND 147—Water Utilities 920.00 Field Equipment(Boring Machine) (11.000) 981.00 Water Distribution System (6 Fire Hydrants) 11,000 Total 0 148—Wastewater Utilities none 0 GRANO TOTAL,UTILITY.FUND • SO SPECIAL REVENUE-PARKS/RECREATION 350—Parks/Recreation 975.00 Park Improvements(Ball Field#4) (10.000) 975.00 Park Improvements (Lights—Ball Field#4) (35,000) GRAND TOTAL SPECIAL REVENUE FUND ($45,000) • GRAND TOTAL ALL FUNDS (544,917) ram( CITY OF SOU T HLAKE PROPOSED BUDGET 1992-93 ALL FUNDS SUMMARY 93caultIrt3 Special 0ei35,92 Revenue WAS PM General Debt Service Utility Parks/ Fund Fund Fund Recreation Total Projected Revenues $4,161,220 $929,898 $2,753,534 $34,996 $7,879,648 Less: Projected Expenditures $4,429,392 $916,398 $2,769,387 $32,000 $8,147,177 Less: Reserve-Personnel 70.000 0 0 0 70.000 Total-Expenditures $4,499,392 $916,398 $2,769,387 $32,000 $8,217,177 Net Revenues (338,172) 13.500 (15,853) 2.996 (337,529) Estimated Fund Balance/ Working Capital 9/30/92 $1,013,480 $124,101 $700,914 $98,856 $1,937,351 Estimated Fund Balance/ Working Capital 9/30/93 $675,308 $137,601 $685,061 $101,852 $1,599,822 1991-92 1992-93 Fund 1990-91 Adopted Proposed $ Increase/ % Increase! Actual Budget Budget (Decrease) (Decrease) � General Fund Personnel S1,981,499 $2,106,429 $2,501,515 S395,086 18.8% Operations & Maintenance 1,147,338 1,266,224 1,377,082 110,858 8.8% Capital 606.158 ' 359,124 550,795 191.671 53.4% Total Expenditures $3,734,995 $3,731,777 $4,429,392 $697,615 18.7% Utility Fund Personnel . $218,004 $293,455 $359,416 S65,961 22.5% Operations & Maintenance 1,241,050 1,871,710 1,888,632 16,922 0.9% Capital 181,553 110,000 149,325 39,325 35.8% Debt Service 80,070 89,423 79,719 (9,704) -10.9% Operating Transfer/Other 159.446 159,446 292.295 132,849 83.3% Total Expenses $1,880,123 $2,524,034 $2,769,387 $245,353 9.7% Debt Service Fund Debt Service $493,444 $543,306 $665,435 $122,129 22.5% ,,::. ,.+Operating Transfer 0, 227.879 250.963.:.. 23,084,- _10.1%j '- Total Expenditures $493,444 $771,185 $916,398 $145,213 18.8% Special Revenue-Parks/Recreation Operations & Maintenance S5,850 SO $2,000 S2,000 100.0% Capital 0 30.000 30.000 0 0.0% Total Expenditures $5,850 $30,000 S32,000 $2,000 6.7% GRAND TOTAL EXPENDITURES $6.114.412 S7.056.996 S8.147.177 $1.090.181 15.4% 7,6 . . CITY OF SOUTHLAKE ALL FUNDS SUMMARY odsl PM REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93stsaale..t3 oerar_ • • I i, 1992-93 Adopted I 1991-92 1991-92 1 S.455/S100 S Inc/ 11992-93 i 1990-91 1991-92 1991-92 S Inc/ %Inc/ ! 1992-93 (Deer) %Ina • REVENUES • Actual Budget Revised 1 (Decr) (Decr) I Proposed Adopted (Decr) Ad Valorem Taxes I 52 437.703 S2.738.380 I 52.779,685 541305 1.5% i S2.909533 S171,153 6.3% Sales Tax 448.149 475.000 i 490.000 15.000 3.2% 1 579,000 104,000 21.9% Franchise Fees 255.643' 265.500 1 275_25! 9.725 3.7% ; 304.450 38,950 14.7% Fines ! 233.6501 285,000 1 226500 (58,500) -20.5%1 270,600 (14,400)1 -5.1% Charges for Services 36.980 41.000 t 37500 (3,500) -8.5% 55,750 14.750 36.0% Permits/Fees • 557,685 434,500 i 720,400 285,900 65.8% 652,150 217,650 50.1% ' Miscellaneous 92211 27,440 46,840 19,400 70.7% 44,454 17,014 62.0% Transfer-Utility Fund 159,446 159,446 159,446 0 0.0% 267,295 107,849 67.6% Transfer-Insurance Fund 0 29.450 29,450 0 0.0% :0 (29,450)-100.0% Water Sales-residential 1505,624 1.644,888 1.597,650 (47,238) -2.9% 1,677,540 32,652 2.0% Water Sales-commercial 313.720 411=2 399,420 (11.802) -2.9% 419,385 I. 8,163. .__2.0% Wastewater Sales 97,953 88.914 170,000 ',31,086 912% 205,454 116.540 131.1% Sanitation Sales 19,816 200,350 231.860 31510 15.7% 258,000 57,650 28.8% Other Utility Charges 147218 132.960 139.627 6,667 5.0% 145,067 12,107 9.1% Interest Income ! 101.444 87,100 87.100 0 0.0% 90.970 3870 4.4% Total Revenues S6,407,242 ;7,021,150 ;7.390.703 .5369,553 5.3% $7.879,648 5858.498 12.2% EXPENDITURES City Secretary S13I.101 S122.310 S119581 (S2.729) -2 2% S143,956 S21,646 17.7% City Manager 136.856 I 120,464 128.077 7.613 6.3% 137,645 17,181 14.3% Support Services 538.946 409.520 423.350 13.830 3.4% 509.397 99.877 24.4% i General Gov Total I 5806.903 5652,294 5671.008 518,714 2.9% 5790,998 5138,704 21.3% Finance 170.569 196.883 199,582 2,699 1.4% 202.498 5.615 2.9% Municipal Court 119.323 140.438I1 153.077 12.639 9.0% 160.510 I 20.072 14.3% Finance Total 5289,892 I S337321 I 5352,659 SI5,338 4.5% S363.008 I S25,687 I 7.6% Fire . 487.106: 556.945! 556.754 (161) -0.0% I 556.782 i (163)1 -0.0% Police 813.600: 836.025 i 841.959 5,934 0.7% 889289 I 53.264 I 6.4% Public Safety Support i 257.721 i 313.9401 320.635 6,695 2.1% 370392 1 56.452 i 18.0% Public Safety Total ! S1,558.427! S1,706,910! S1,719,378 S12.468 0.7% S1.816.463 S109,553' 6.4% •Building Inspections 97.132 1 124230 1 138.427 14,197 11.4% 158,432 34202 27.5% Streets/Drainage i 649,127 597,178 I 612,004 - 14.826 2.5% 876,694 279.516 46.8% Parks and Recreation 115.998 120,385 1 92,135 (28250) -23.5% 170.300 49,915 41.5% Public Works Admin 75.179 58.915 61,800 2.885 4.9% 91,360 32,445 55.1% Water l 1.+87.977, 1.387,395I 1,393355 5.960 0.4% 1.605.572 218.177 15.7% Wastewater 252,630' 708.0601 712.610! 4,550 0.6% 559,601 (148.459) -21.0% Sanitation 0 i 179.710 203.225 1 23.515 13.1% : 237 200 52.490 I 100.0%i Public Works Total 52,578,043' S3,175,873 S3,213,5561 537,683 1.2% S3,694,159 S518,2361 16.3% Community Dcv.Total ' S148,187 S126,044 5141 669! S15,625 , 12.4% S194,137 S68,093! 54.0% Transfer-General Fund 159.446: 159.446 I 159,4.16 0 I 0.0% 267295 107.849 I 67.6% Other 0 i 38.500 I 0 (38,500) -100.0% 25,000 (13,500)1 -35.1% Debt Service i , 573,5.1.4 I S60;608.1,.. 860608 0 .. 0.0% 996.11.7!. I,.135.509 ''' 15.7% Total Expenditures I S6.114.412! ;7,056,996 1 S7.118.324 S61.328 0.9% S8.147.177 . 1.090.181 15.4% Net Revenues ;292,830 i 2 35 846); _272422 308 225 (5267.529) Add:Proceeds from C.O.Sale 1 S200.000! SO SO SO ' SO 1 A4d:Proceeds Cram Note 0' 107,775 0! (107,775)1 0 I Las:Reserve-Personnel I 0 1 0 0' 0 (70,000) Las:Reser e-lnfastrucuae ! (376288)I 0 1 0 0 0 Less:Transfer co Special Rev. 0 0 L 7 96)1 0 Net Revenues I 5116.542 i $71.929 I 7-'71.583 I S199.654 1 I f5337.5229)1 3eo ruling Fund Balance , S1.5.19.226; SI.665,768, 51.665,768 SO I S1.937,351 I ! j dingFund Balance S1.665.76R ! SI,737.697 ! ' S1.917.351 S199.654 I •• S1.599.87' 1 .i I I CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 ALL FUNDS SUMMARY 04:57 PM EXPENDITURES BY DEPARTMENT 91cesdpc3..t3 0605032 1991-92 1992-93 1990-91 Adopted Proposed S Increase/ % Increase/ GENERAL FUND Actual Budget Budget (Decrease) (Decrease) City Secretary/Mayor/Council Personnel S52,060 $51,160 S56,229 S5,069 9.9% Operations & Maintenance 78,891 71,150 80,877 9,727 13.7% Capital 150 0 6.850 6.850 100.0% Total 131,101 122,310 143,956 21,646 17.7% City Manager's Office Personnel 119,728 103,615 122,673 $19,058 18.4% Operations &Maintenance 15,075 11,521 12,472 951 8.3% Capital • 2,053 5.328 2.500 (2.828) -53.1% Total 136,856 120,464 137,645 17,181 14.3% Support Services Personnel 0 0 20,673 20,673 100.0% Operations & Maintenance 332,921 408,520 475,224 66,704 16.3% Capital 206,025 1.000 13.500 12.500 1250.0% Total 538,946 409,520 509,397 99,877 24.4% Finance Personnel 83,667 111,470 103,263 (8,207) -7.4% Operations & Maintenance 81,612 85,413 85,515 102 0.1% Capital 5.290 0 13.720 13.720 100.0% Total 170,569 196,883 202,498 5,615 2.9% Municipal Court Personnel 72,059 80,835 83,082 2,247 2.8% Operations & Maintenance 42,323 59,603 76,728 17,125 28.7% Capital 4,941 0 700 700 100.0% Total 119,323 140,438 160,510 20,072 14.3% Fire Services Personnel 392,670 380,450 457,185 76,735 20.2% Operations & Maintenance 76,904 81,252 75,672 (5,580) -6.9% .:CapitaI 17,532 95243 23;925 ,(71:318) -74.9%,,, ;. Total 487,106 556,945 556,782 (163) -0.0%* Police Services Personnel 608,708 607,720 703,350 95,630 15.7% Operations & Maintenance 105,188 128,505 110,539 (17,966) -14.0% ( Capital 99.704 99.800 75,400 (24,400) -24.4% Total 813,600 836,025 889,289 53,264 6.4% /7/6.- 7 CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 ALL FUNDS SUMMARY EXPENDITURES BY DEPARTMENT 1991-92 1992-93 1990-91 Adopted Proposed S Increase/ % Increase/ GENERAL FUND Actual Budget Budget (Decrease) f Decrease) Public Safety Support Personnel $218,087 $270,085 $300,207 $30,122 11.2% Operations & Maintenance 26,121 33,855 58,185 24,330 71.9% Capital 13.513 10.000 12,000 2.000 20.0% Total 257,721 313,940 370,392 56,452 18.0% Building Inspection Personnel 82,102 92,200 124,852 32,652 35.4% Operations & Maintenance 13,518 18,430 • 19,880 1,450 7.9%. -Capital 1.512 13.600 13,700 100 0.7% Total 97,132 124,230 158,432 34,202 27.5% Streets/Drainage Personnel 204,042 249,700 266,169 16,469 6.6% Operations & Maintenance 211,270 244,450 272,525 28,075 11.5% Capital 233.815 103.028 338,000 234,972 228.1% Total 649,127 597,178 876,694 279,516 46.8% (' ` Parks and Recreation Personnel 24,446 25,565 51,855 26,290 102.8% Operations & Maintenance 68,702 33,695 42,445 8,750 26.0% Capital 17.000 31.125 44.000 12.875 41.4% Total 110,148 90,385 138,300 47,915 53.0% Public Works Administration Personnel 59,662 49,990 82,185 32,195 64.4% Operations & Maintenance 12,845 8,925 9,175 250 2.8% Capital 2,672 0 0 0 0.0% Total 75,179 58,915 91,360 32,445 55.1% Community Development Personnel 64,268 83,639 129,792 46,153 55.2% Operations & Maintenance 81,968 42,405 57,845 15,440 36.4% Capital 1,951: .. 0 6.500. 6.500' , Total 148,187 126,044 194,137 68,093 54.0% Non-Departmentalized 0 38,500 0 (38,500) TOTAL GENERAL FUND S3,734,995 S3,73I,777 S4,429,392 $697,615 18.7% • CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 ALL FUNDS SUMMARY EXPENDITURES BY DEPARTMENT 1991-92 1992-93 1990-91 Adopted Proposed $ Increase/ % Increase/ UTILITY FUND Actual Budget Budget (Decrease) (Decrease) Water Utilities Personnel $189,554 $263,425 $304,727 41,302 15.7% Operations & Maintenance 1,017,919 1,098,970 1,155,220 56,250 5.1% Capital 180,504 25,000 145,625 120.625 482.5% Total 1,387,977 1,387,395 1,605,572 218,177 15.7% Wastewater Utilities Personnel 28,450 30,030 54,689 24,659 82.1% Operations & Maintenance 223,131 593,030 501,212 (91,818) -15.5% Capital 1,049 85,000 3,700 (81.300) -95.6% Total 252,630 708,060 559,601 (148,459) -21.0% Sanitation Personnel 0 0 0 0 0.0% Operations & Maintenance 0 179,710 232,200 52,490 29.2% Capital 0 0 0 0 0.0% Total 0 179,710 232,200 52,490 29.2% Non-Departmentalized Other 0 0 25,000 25,000 100.0% Debt Service 80,070 89,423 79,719 (9,704) -10.9% Operating Transfer 159.446 159,446 267.295 107.849 67.6% Total 239,516 248,869 372,014 123,145 49.5% TOTAL UTILITY FUND 1,880,123 2,524,034 2,769,387 245,353 9.7% DEBT SERVICE FUND Debt Service 493,444 543,306 665,435 122,129 22.5% Operating Transfer 0 227.879 250,963 23.084 10.1% Total 493,444 771,185 916,398 145,213 18.8% TOTAL DEBT SERVICE FUND SPECIAL REVENUE- PARKS/RECREATION FUND Operations & Maintenance 5,850 0 2,000 2,000 100.0% Capital 0 30.000 30,000 0 0.0% Total 5,850 30,000 32,000 2,000 6.7% 'i GRAND TOTAL $6,114,412 $7,056,996 $8,147,177 $1,090,181 15.4% CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 ALL FUNDS SUMMARY O J7 PM EXPENDITURES BY DEPARTMENT 93aadinlAt3 1991-92 1992-93 1990-91 Adopted Proposed S Increase! % Increase! FUND Actual Budget Budget (Decrease) (Decrease) General Fund Personnel S1,981,499 S2,106,429 S2,501,515 S395,086 18.8% Operations & Maintenance 1,147,338 1,227,724 1,377,082 149,358 12.2% Capital 606,158 359,124 550,795 191,671 53.4% Other - 0 38,500 0 (38.500) -100.0% Total 3,734,995 3,731,777 4,429,392 697,615 18.7% Utility Fund Personnel 218,004 293,455 359,416 65,961 22.5% Operations & Maintenance 1,241,050 1,871,710 1,888,632 16,922 0.9% Capital 181,553 110,000 149,325 39,325 35.8% Debt Service 80,070 89,423 79,719 (9,704) -10.9% Other 0 0 25,000 25,000 100.0% Operating Transfer 159.446 159,446 267.295 107,849 67.6% Total 1,880,123 2,524,034 2,769,387 245,353 9.7% Debt Service Fund Debt Service 493,444 543,306 665,435 122,129 22.5% Operating Transfer 0 227,879 250.963 23.084 10.1% Total 493,444 771,185 916,398 145,213 18.8% Special Revenue- Parks/Recreation Fund Operations & Maintenance 5,850 0 2,000 2,000 100.0%. Capital 0 30,000 30,000 0 0.0% Total 5,850 30,000 32,000 2,000 6.7% GRAND TOTAL ALL FUNDS 6,114,412 7,056,996 8,147,177 1,090,181 15.4% Personnel 2,199,503 2;399;884 2,860;931 : 46:1'047 19.2% Operations & Maintenance 2,394,238 3,099,434 3,267,714 168,280 5.4% Capital 787,711 499,124 730,120 230,996 46.3% Debt Service 573,514 632.729 - 745,154 112,425 17.8% Other 0 38,500 25,000 (13,500) -35.1% , Operating Transfer 159,446 387.325 518.258 130,933 33.8% Total 6,114,412 7,056,996 8,147,177 1,090,181 15.4% CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 PROPOSED PERSONNEL (1) 1991-92 1991-92 1992-93 Increase 1990-91 Adopted Revised Proposed (Decrease) FUND Actual Budget Budget Budget Revised '92 GENERAL FUND City Secretary/Mayor/Council 1.5 1.5 1.5 1.5 0.0 City Manager's Office 3.5 3.0 3.0 3.5 0.5 Support Services 0.0 0.0 0.0 1.0 1.0 Finance 3.0 4.0 4.0 3.0 (1.0) Municipal Court . 3.0 3.0 3.0 3.0 0.0 Fire Services 11.2 11.2 11.2 13.2 2.0 Police Services 18.0 18.0 18.0 20.0 2.0 Public Safety Support 9.0 10.0 10.0 10.0 0.0 Building Inspection 3.0 3.0 4.0 4.0 0.0 Streets/Drainage 8.5 8.5 8.5 8.5 0.0 Parks and Recreation 1.0 1.0 1.0 2.5 1.5 Public Works Administration 1.5 1.5 1.5 2.5 1.0 (,'� ` Community Development (2) 2.0 2.5 2_5 4.0 1.5 . Total Personnel General Fund 65.2 67.2 68.2 76.7 8.5 UTILITY FUND Water Utilities 7.5 8.5 8.5 9.5 1.0 Wastewater Utilities 0.0 1.0 1.0 2.0 1.0 Total Personnel Utility Fund 7.5 9.5 9.5 11.5 2.0 GRAND TOTAL PERSONNEL 72.7 76.7 77.7 88.2 10.5 Full Time 74.0 76.0 77.0 87.0 10.0 __. . Part Time/Temporary. . 0.7 0.7 .0_7 1_2,.. 0_5 Total Personnel 74.7 76.7 - 77.7 88.2 ` 10.5 (1) Part time and temporary positions listed as an equivalent percentage of a full time position. i (2) One part time intern position deleted, one full time position transferred from Finance Division, one full time position added. person2.wk3 PROPERTY TAX proPus434.3 REVENUE ALLOCATION 1992-93 AMOUNT Total Appraised Value 1992 S696,518,652 Less Exemptions (-) (88 263,835) Total Taxable Value (Assessed Value) (3) 608,254,817 Proposed Tax Rate (X) 0.45500 Estimated Tax Levy 2,767559 Estimated Percent of Collections (X) 97.00% Estimated Current Tax Collections (_) 2.684,533 Estimated Delinquent Collections, Penalty,and Interest (+) 225,000 Estimated Available Funds (-) S2.909,533 PROPOSED DISTRIBUTION GENERAL FUND RATE PERCENT TOTAL Current S0.32232 69.94% 51,877,484 Delinquent (+) 225,000 Total General Fund (_) 2,102,484 , DEBT SERVICE FUND Current 0.13268 30.06% 807.049 Total General and Debt Service Funds S0.45500 100.00% S2.909.533 HISTORICAL TAX INFORMATION DEBT NET GENERAL SERVICE TOTAL FISCAL TAXABLE FUND FUND TAX YEAR VALUE RATE RATE RATE 1992-93 5608,254,817 S0.32232 50.13268 S0.45500 1991-92 569,475,542 0.31985 0.13515 0.45500 1990-91 520,442,493 0.36750 0.07750 0.44500 1989-90 534,140,023 0.35830 0.02990 0.38820 19S8-89 437.252;301 0.348207 0.04000, : 0.38820'' 198 7-88 389 287,099 0.28831 0.04169 0.33000 1986-87 366,024,873 0.27480 0.04520 0.32000 1985-86 248,920,765 0.22900 0.03100 0.26000 1 984-85 214,807,784 0.14300 0.03800 0.18100 1983-84 85,604,834 030750 0.10750 0.41500 1982-83 72,720,10S 0.23500 0.18000 0.41500 CITY OF S OUTHLAKE CONSOLIDATED. GENERAL FUND AND DEBT SERVICE FUND O+s7P. REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93su:sa16.ut3 ' o8,15.r_ 1991-92 1992-93 Adopted S Ind 1991-92 5.455/S100. S Inc/ 1992-93 ' 1990-91 1991-92 1991-92 (Deer) Ind 1992-93 (Decry %Ind REVENUES Actual Budget , Revised Adopted (Deer) Proposed Adopted (Deer) Ad Valorem Taxes 52.437.703 52.738380 52.779,685 541,305 1.5% 52.909,533 S171.153 63% Sales Tax 448,149 475,000 490,000 15,000 32% 579,000 104,000 21.9% Franchise Fees 255.643 265.500 275,225 9,725 3.7% 304,450 38,950 14.7% Fines 233,650 285,000 226,500 (58500) -20.5% 270,600 (14,400) -5.1% Charges for Services 36,980 41,000 37,500 (3.500) -8.5% 55,750 14,750 36.0% Permits/Fees 557,685 404500 626,800 222,300 55.0% 622,150 217,650 53.8% Miscellaneous 35,392 5240 20,640 15,400 293.9% 17,340 12,100 230.9% - Transfer-Utility Fund '159,446 159,446 159,446 0 0.0% •267.295' 107,849 - 67.6% Transfer-Insurance Fund 0 29,450 29,450 0 0.0% 0 (29,450)-100.0% Interest Income 76,878 62.600 62.600 0 0.0% 65.000 22 400 3.8% Total Revenues S4,241,526 S4,466,116 S4,707,846 S241,730 5.4% S5,091,118 S625,002 14.0% EXPENDITURES j • City Secretary S131.101 5122,310 $119,581 (52,729) -22% 5143,956 521.646 17.7% City Manager 136.856 120,464 128,077 7,613 6.3% . 137,645 17,181 143% Support Services 538,946 409,520 423.350 13.830 3.4% 509,397 99.877 24.4% General Gov Total 5806,903 5652,294 5671,008 S18,714 2.9% 5790,998 5138,704 21.3% Finance 170,569 I96,883 199.582 2,699 1.4% 202,498 5.615 2.9% Municipal Court 119.323 140.438 153,077 12,639 9.0% 160.510 20,072 14.3% Finance Total 5289.892 $337,321 S352,659 S15,338 4.5% , S363,008 S25,687 7.6% Fire i 487.1061 556,945 556,784 (161) -0.0% ! 556,782 (163)1 -0.0% Police 813.600 836.025 841.959 5.934 0.7% ; 889289, 53.264 6.4% Public Safety Support 257.721 ! 313.940 320,635 6.695 2.1% i 370392 56.452 13.0% Public Safety Total S1,558,427'; SI.706.910 51,719,378 S12,468 0.7% I S1,816,463 5109,553 6.4% Building Inspections 97.132', 124,230 138,427 14.197 11.4% 158,432 34202 27.5% Streets/Drainage f 649.127 j 597,178 612,004 14,826 . 2.5% 876,694 279,516 46.8% iiI Parks and Recreation ' I 110.148 90,385 89,560 (325) -0.9% 138,300 47,915 53.0% Public Works Admin 75.179 • 58,915 , 6I.800 2 885 4.9% 91,360 32.445 55.1% Public Works Total 5931,586 S870,708 i 5901,791 S31.083 3.6% I S1.264,786 S394,078 45.3% Community Dev.Total S148,187 1 5126,044 I S141,669 515,625 12.4% I $194,137 568,093 54.0% Note Payable 0 I 38.500 f 0 (38.500) -100.0%' 0 (38.500)-100.0% Dent Service G.O.Bonds 493.444 j 771.1851 771.185 0 0.0% ! 916.398 145.213 18.8% Total Expenditures 54,228,439 S4,502,962 1 S4,557,690 : 554,728 1.2% 1 S5,345,790 842,828. 18.7% •• ! I Net Revenues i $13,087; (.536.840 $150156 1 $187,002 0254.672)1 Add:Proceeds from C.O.Sale i S200.000; 0 i 0 1 SO 0 ' Add:Proceeds from Note I 0; 107,7751 0 I 0 I_ 0 Less:Reserve-Personnel . 1 9I. • 0 0 0 (70,000):.;. Less:Reserve-Infrurructure . I (376233)i, 0 i 0 0 i 0 t,ess:Tranler to Special Rev.. 1 0: 0 i (796) (.Z2 ) 0 Net Revenues i (S163.201)i p70,929, 149,3601 578.431 (5324.672)I I Benning Fund Balance i S1.151.4221 5983 221 51.059,150 1 S70.929 ; S 1208.510 Ending Fund Balance I S988.221 1 $I.059.150 51.208.510 I ' S149.360 I I S883.8 38 i I 7A-- /3 CITY OF S O UTILAI(E GENERAL FUND a:nPN REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93scma16.wt3 o&6.9 i 1991-92 i 1992-93 I S Inc/ 1991-92 5.455/S100 S Inc/ 1992-93 •1990-91 1991-9. I 1991-92 (Decr) %Inc/ 1992-93 (Decr) %Ind REVENUES Actual Budget I Revised Adopted (Deer) Proposed , Adopted (Deer) Ad Valorem Taxes 52.023,967 51,968,695 { 52.010,000 I S41305 2.1% 32,102,434 S133,789 6.8% Sales Tax 448,149 475.000 1 490,000 15,000 3.2% 579,000 104,000 21.9% Franchise Fees 255,643 265,500 I 275,225 9,725 3.7% 304.450 38,950 14.7% Fines 233,650 285.000 226,500 (58500) -205% 270,600 (14,400) -5.1% Charges for Services 36,980 41.000 37,500 (3,500) -8.5% 55,750 14,750 36.0% Permits/Fees 557,685 404,500 626,800 222,300 55.0% 622,150 217,650 53.8% Miscellaneous 35.392 5,240 20,640 15,400 293.9% 17,340 12,100 230.9% Transfer-Utility Fund 159,446 159,446 159,446 0 0.0% 159,446 0 0.0% Transfer-Insurance Fund 0 29,450 . 29,450 0 0.0% • -"0 (29,450)-100.0% Interest Income 66.780 50,000 50.000 0 0.0% • . 50,000 0 0.0O7S Total Revenues S3,822,692 $3,683,831 S3,925,561 , S241,730 6.6% $4,161,220 S477,389 13.0% EXPENDITURES City Secretary S131,101 S122.310 5119,581 (52.729) -22% SI43,956 S21,646 17.7% City Manager 136.856 120.464 128,077 7,613 6.3% 137,645 17,181 14.3% Support Services 538,946 409,520 423.350 13.830 3.4% 509.397 99.877 24.4% General Gov Total S806,903 $652.294 $671,008 518,714 2.9% S790,998 S138.704 21.3% Finance 170.569 196.883 199582 2.699 1.4% 202,498 5.615 2.9% Municipal Court 119.323 140.438 153.077 12.639 9.0% 160.510 20,072 14.3% Finance Total 5239,892 S337,321i $352,659 515,338 4.5% S363,008 $25,6871 7.6% I 1 Fire I. 487.106 556.945 I 556,784 (161) -0.0%., 556,782 I (163)1 -0.0% Police 813.600 836,025 I 841,959 I 5.934 0.7% 339289I 53.264 I 6.4% Public Safety Support 257.721 , 313.940 I 320.635 6.695 2 l" 370 392 56.452 18.0%Public Safety Total S1,558,427 I S1,706,910 i SI,719,378 1 $12,468 0.7% ; $1.816,463 I $109,553 I 6.4%1 Building Inspections 97,132 I 124230 1 138,427 1 14.197 11.4% j 158,432 1 34,202 I 27.5%` Streets/Drainage I 649.127 I 597.178 i 612,004 1 14.326 2.5% I 876.694 1 279.516 I 46.8%1 Parks and Recreation 110.148 90,385 I 89,560 (825) -0.9% 1 138,300 I 47.915 I 53.0% Public Works Admin 75.179 53.915 61.800 2.385 4.9% I 91.360 32,445 55.1% Public Works Total 1 $931,586 S870,708 S901.791 S31,083 3.6% I S1,264,786 S394,078 45.3% Community Dev.Total S148,187 S126,044 S141,669 S15,625 12.4% S194,137 S68,093 54.0% Note Payable 0 38.500 0 (38.500) 0.0% 1 0 (38,500)-100.0% Debt Service G.O.Bonds I 0 0 1 0 01 O.Oe$ I 0 0 0.0% Total Expenditures 1 S3,734,995 I S3,731,777 I S3,786,505 I $54,728 1 1.5% 1 S4,429,392 $697,615 18.7% 1 1 I 1 Net Revenues 587.697' ($47,946) $I39.056 i $187,002 � I ($268,172)!(5220226j Ali:Proceeds from C.O.Sale S200.O0): SO i SO I SO 1 i $O i SO 1 Add:Proceeds from Note 01 107.775 . 0I (107.775); 0' (107.775)i Lou:Reserve Personnel I 0 I 0 , 0 1 0 (70.000)1 (70,000)1 Less:Rome-Infrastructure . (376233)1 0 0 1 . 0 1 0 I 0 I Less:Transfer to Special Rev. I 0 i 0 (79ti)I (796) 1 0 O I Net Revenue I (S,..3,591)1 559.S29 5138.260 578.431 1 (S338.172) (S398.001)1 1 1 1 i 3eonningFund Balance S963.811 i 5875.220 S875.220! SO, S1.013.480 5133260 Ending Fund Balance 5375.'_'0 ' S935.049 51.013.4301 5'8.431 •! S675.308, (S259.741) 7,%- / " CITY OF S OUTFILAKE UTILITY FUND 04:47PM REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93,unaLimt3 - ogr3ss: • 1991-92 1992-93 S Inc/ 1991-92 . S Inc/ 1990-91 1991-92 1991-92 (Decr) %Inc! 1992-93.- _ (Deer) 1992-93 REVENUES Actual Budget Revised Adooted (Decr) Proposed Adopted %Inc/ Miscellaneous S51,556 I 521200 S21,400 5200 0.9% 'S22,118 S918 43% Interest Income 24.566 24.500 24,500 0 0.0% 25,970 1,470 6.0% Water Sales-residential 1.505,624 1.644,888 1,597,650 (47,238) -2.9% 1,677,540 32,652 2.0% Water Sales-cocomercial 313,720 411222 399,420 (11,80Z) -2.9% . 419,385 8,163 2.0% Sewer Sales 97.953 88,914 170,000 81,086 912% 205,454' 116,540 131.1% • Sanitation Sales 19,816 200,350 •.Z31,860 31,510 15.7% • 258,000 57,650 28.8% Other utility charges 147218 132.960 139.627. • 6667 5.0% 145.067 12107 9.1% Total Revenues 52,160,453 S2,524,034 52,584;457'• $60,423 2.4% ;:: :52,753,534 S229,500 9.1% EXPENSES :. Other SO SO • ••..50 SO 0.0% ' -525,000; 525,000 100.0% Debt Service-Revenue Bonds 80,070 . 89,423 . 89,423 0 0.0% 79;719 (9,704) -10.9% Water 1,387,977 1,387,395 . 1,393,355 ' 5,960 0.4% . • ,. 1,605,572: 218,177 15.7% Sewer 252,630 708,060 712,610 4,550 0.6% 559;601. (148,459) -21.0% Sanitation 0 179,710 203,225 23,515 13.1% - 232,200, 52.490 29.2% Operating Transfer Out 159.446 159.446 159.446 0 0.0% •267.295 107,849 67.6% Total Expenses $1.880,123 2 524 034 $2.558.059 S34,025 1.3% . 52.769.387, $245,353 9.7% Net Revenue 280.330 a 526,398 (S15.853) , Beginning wafting eapital 5394.186 S674,516 E S674516 S700,914 Ending workingopital 5674,516 S674.516, S700,914 S685.061 • • 7,o- CITY OF S O UTHLAKE • DEBT SERVICE FUND 04:•7PM REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93uma16.vit3 oar1,92 1991-92 1992-93 Adopted S Inc/ 1991-92 S.455/5100 S Ine/ 1990-91 1991-92 1991-92 (Deer) %Ind 1992-93:. (Derr) 1992-93 REVENUES Actual Budget . Revised Adopted .(Derr) Proposed Adopted %Inc/ Ad Valorem Taxes_ S408,736 S769.685 S 769,685 SO 0.0% S807,049 337,364 4.9% Interest Income 10,098 12,600 12,600 0 0.0% 15,000 2,400 19.0% Operating Transfer In 0 0 • 0 0 0.0% 107.849 107,849 100.0% Total Revenues S418,834 S782,285 5782,285 S0 0.0% -" S929,898 S147,613 18.9% EXPENDITURES Principal S60,000 S205,000 ." .S205,000 S0 0.0% .' •:.5240,001} S35,000 17.1% Interest 433,444 336,8(16 336,806 0 0.0% E::. •-t i: >:,423,935.: 87;129 25.9% Admin.Expenses 0 1,500 1,500 0 0.0% >;::1,500: 0 0.0% Operating Transfer/ Water/Sewer Fund 0 227.879 227,879 0 0.0% :' ;250.963 23.084 10.1% Total Expenditures S493,444 S771,185 S771,185 S0 0.0% ' $916,398 S145,213 18.8% Net Revenues fS74,610) ;11,100 S11.100 SO 0.0% .5I3.500 $2.400 Beginning Fund Balance S187.61I S113,001 S113,001 SO 0.0% S124,101 Ending Fund Balance $113,001 3124.101 5124,101', IS-0 O.o% S137.601 • 1 • i . • CITY OF SOUTHLAKE SPECIAL REVENUE FUND Parks/Recreation 04:47 PM REVISED 1991-92 BUDGET and PROPOSED 1992-93 BUDGET 93sunall&eiri og5.r_ • 1991-92 1992-93 Adopted S Inc/ 1991-92 ••• S Inc/ 1990-91 1991-92 1991-92 (Decr) %Ind 1992-93 (Deer) 1992-93 REVENUES Actual Budget Revised Adopted -(Decr) Proposed Adopted %lnd Permits/Fees SO S30.000 S93,600 S63,600 212.0% S30,000 SO l 0.0% Miscellaneous 5.263 1000 48800 3.800 380.0% 4.996 y996 399.6% Total Revenues 55,263 S31,000 • . S98,400 S67,400 217.4% € ..'. :.'334,996. S3,996 12.9% EXPENDITURES • •Park Improvements SO S30,000 .'":'•'SO (530,000) 0.0% "::;:.::':.530,000. SO 0.0% Parks and Recreation 5 850 0 ; ::,2,575 2.575 100.0% <>< <`;:<.;':::2;OOa 2.000 100.0% • Total Expenditures $5,850 330,000 € :''•.52,57S• (S27,425) —91.4% [:<?":''::'S32 000 S2,000 6.7% • • Net Revenues (SS") $1,000 >.'S95,825 $94,825 '``""'``$2,996 31,996 Beginning Fund Balance _ S3,618 53,031 .. 53,031 SO • .:.S98,856 Ending Fund Balance S3.031 ;4,031 ;98.856 ;94,325 :5101.85� • 1 • • • • • • IY �,G.- /7 a CITY OF SOUTHLAKE 1-3566 PROPOSED BUDGET 1992-93 Mans.]•'t3 SCHEDULE OF NEW REQUESTS J.2•au GENERAL FUND TOTAL D_PARTMEN T iDivision ITEM AMOUNT PERSONNEL OPERATIONSCAPITAL 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ Personal Computer 3,000 0 0 3,000 City Council Pnnter-Laser 1,500 0 0 1.500 1/2 Personal Computer 1,500 0 0 1,500 Software/Records Mgmt 550 0 0 550 Conversion System 36 to PC index 300 0 0 300 Community Services-Keep Southlake Beautiful 3.000 0 3,000 0 Community Services-Volunteer Program 1,150 0 1,150 0 Community Band 1,000 0 1,000 0 Parkland Poison Control 1,000 0 1,000 0 Sister Cities 1.000 0 1,000 0 TOTAL 14,000 0 7,150 6,850 103-City Manager's Office Administrative Intern 10,851 10,851 0 0 Scanner 1,000 0 0 1,000 1/2 Personal Computer 1,500 0 0 1.500 TOTAL 13,351 10,851 0 2.500 105-Support Services Building Maintenance Worker 22.823 20,673 2,150 0 Animal Control Services 40,000 0 40,000 0 Uninterrupted Power Supply 6,500 0 0 6,500 A.D.A. Building Improvements 7.000 0 0 7.000 TOTAL 76,323 20,673 42.150 13,500 106-FINANCE 106-Finance Cash Receipts System 13,720 0 0 13.720 107-Municipal Court Teen Court Administration(Reimb 1/2 by•CISO) 20,000 0 20,000 0 Office Desk 500 0 0 500 Printer Stand 200 0 0 200 TOTAL 20,700 0 20,000 700 130-PUBLIC SAFETY 131-Fire Services 2 Firefighters/Paramedics 56,049 56,049 0 0 SCBA Equipment 5,325 0 0 5.325 Fire Hose/Rescue Equipment 4,600 0 0 4,600 Building Improvements 2,500 0 0 2,500 Hose and Equipment Drying Cabinet 7,000 0 0 7,000 Breathing Air Compressor 4,500 0 0 4.500 TOTAL 79,974 56,049 0 23.925 132-Police Services 1 Public Safety Officer 28,464 28,464 0 0 1 Traffic Officer 26,664 26,664 0 0 4 Emergency Response Vehicles 69,500 0 0 69.500 1 Mobile Data Terminal 4,000 0 0 4,000 1 Vehicle Video Camera 1.900 0 0 1.900 TOTAL 130,528 55,128 0 75.400 133-Public Safety Support 1 Laser Printer 2,500 0 0 2.500 Computer Network Cards/Cables 3,500 0 0 3.500 2 Communications Chairs 1,000 0 0 1,000 25 Tape Logger Tapes 1,000 0 0 1.000 Computerized Vehicle Fuel Logging System 4000 0 0 4.000 TOTAL 12,000 0 0 12,000 -, CITY OF SOUTHLAKE PROPOSED BUDGET 1992-93 ga.....1..,1 SCHEDULE OF NEW REQUESTS GENERAL FUND TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONSCAPITAL 1 40-PUBLIC WORKS • 142-Building Inspections 1 Mid-size pick-up truck 12,500 0 0 12.500 Radio 900 0 0 S00 Two (2) the cabinets 300 0 0 300 TOTAL 13,700 0 0 13,700 144-Streets and Drainage Rebuild Jellico Circle 150,000 0 0 150,000 Rebuild approx.2 street miles-County 93.000 0 0 93,000 Seal Coat Cross Timber Hills 50,000 0 0 50.000 Tractor with Mower 30,000 0 0 30.000 City Hall parking lot 10,000 0 0 10,000 Culvert Replacement 5,000 0 0 5.000 TOTAL 338,000 0 0 338,000 145-Parks/Recreation 1 full time Park/Recreation Coordinator 24,345 19,845 0 4,500 Building Improvements 15.000 0 0 15,000 Netting for Field#2 500 0 0 500 Furniture/Equipment-Comm.Bldg. 5,000 0 0 5,000 Entrance Sign/Landscaping 3,000 0 0 3,000 Sand Volleyball Court 4,000 0 0 4,000 New Chain link fence 7,000 • 0 0 7,000 Library Books 5,000 0 0 5,000 Temporary Park Maintenance Assistant 6,343 6,343 0 0 TOTAL 70,188 26,188 0 44,000 146-Public Works Admin. 1 Engineer-in-Training 27,000 27.000 0 0 TOTAL 27,000 27,000 0 0 150-COMMUNITY DEVELOPMENT • 150-Community Development Planner I 29,187 29,187 0 0 Personal Computer w/shared printer 3.500 0 0 3,500 Personal Computer for Planner 3.000 0 0 3.000 TOTAL 35,687 29,187 0 6,500 GRAND TOTAL GENERAL FUND 845,171 225,076 69,300 550,795 • 7,G._ /9 CITY OF SOUTHLAKE 04,25,92 PROPOSED BUDGET 1992-93 22.....3..3 SCHEDULE OF NEW REQUESTS UTILITY FUND TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONSCAPITAL 200-WATER/SEWER 147-Water Utilities Water Maintenance Worker 20,716 20,716 0 0 Pick Up Truck 14,000 0 0 14.000 Utility Bed for Truck 3,000 0 0 3,000 Two-Way Radios (2) 1,700 0 0 1,700 Fire Hydrants 26,000 0 0 25,000 Meters 27,000 0 0 27,000 Software Upgrade 5,925 0 0 5,925 Oversizing Payment 20,000 0 0 20,000 Plug two wells 20,000 0 0 20,000 Building Purchase 25,000 0 0 25,000 Office Furniture 3,000 0 0 3.000 TOTAL 1886,341 20,716 0 145,525 148-Sewer Utilities Sewer Maintenance Worker 20,745 20,745 0 0 Field Equipment 2.500 0 0 2,500 Hand-Held Portable Radios 1.200 0 0 1,200 TOTAL 24,445 20,745 0 3.700 GRANO TOTAL UTILITY FUND 190,786 41,461 0 149,325 SPECIAL REVENUE FUND-PARKS/RECREATION 350-SPECIAL REVENUE FUND • Replacement Lighting-Field#1 30.000 0 0 30,000 TOTAL-Special Revenue Fund 30,000 0 0 30,000 • TOTAL ALL FUNDS 1.065,957 268,537 69,300 730,120 • 76 CITY OF SOUTHLAKE OE',42 PROPOSED BUDGET 1992-93 ,. ,.3 SCHEDULE OF UNFUNDED REQUESTS GENERAL FUND TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL 100-GENERAL GOVERNMENT 100-City Secretary/Mayor/ Cable Channel Program 51,500 SO 51,500 SO City Council 103-City Manager's Office none 0 0 0 0 105-Support Services none 0 0 0 0 106-FINANCE 106-Finance none 0 0 0 0 107-Municipal Court none 0 0 0 0 130-PUBLIC SAFETY 131-Fire Services 1 Firefighter/Paramedic 35,000 35,000 0 0 Cutter-Hurst Rescue Tool 3SO0 0 0 3,500 TOTAL 38,500 35,000 0 3,500 132-Police Services 1 Police Officer 35,000 35,000 0 0 Photo Lab Equipment 3,000 0 0 3,000 Photo Lab Cabinet 1,000 0 0 1,000 Renovation of Mobile Command Unit 20.000 0 0 20,000 TOTAL 59,000 35,000 0 24,000 133-Public Safety Support Health Maintenance Program-All Officers 10,000 0 10,000 0 Emergency Generator System 20,000 0 0 20,000 Secondary Communications Radio Console 11,000 0 0 11,000 TOTAL 41,000 0 10,000 31,000 140-PUBLIC WORKS 142-Building Inspections Personal Computer-Code Enforcement 5,SOO 0 0 05500 TOTAL 5,500 0 0 5,500 144-Streets and Drainage 2 Street Maintenance Workers 44.500 44,500 0 0 Master Drainage Study 50,000 0 50,000 0 Street Repair Materials 10,000 0 10,000 0 2 Dump Trucks 60,000 0 0 60.000 White Chapel Bridge 175,000 0 0 175,000 Street Shop Improvements 7,500 0 0 7,500 Radios for Dump Trucks 1,800 0 0 1,800 Highland Box Culvert 75,000 0 0 75,000 Shady Lane Box Culvert 150,000 0 0 150.000 TOTAL 573,800 44,500 60,000 469,300 140-PUBLIC WORKS 145-Parks/Recreation Ballfield Lights Field#4 35.000 0 0 35,000 Install Field#4 10,000 0 0 10.000 Re-Construct all existing ballfields 20,000 0 0 20.000 TOTAL 65,000 0 065.000 146-Public Works Admin. none 0 0 0 0 150-COMMUNITY DEVELOPMENT 150-Community Development Personal Computer for Director 5,500 0 0 5.500 Plat Storage Filing System 1.000 0 0 1,000 Work Table for Plan Review SOO 0 0 500 TOTAL 7,000 0 0 7,000 GRAND TOTAL GENERAL FUND S791,300 S114,500 S71,500 5605,300 76. PaZ CITY OF SOUTHLAKE ...2 SCHEDULE OF FUTURE FUNDING REQUIREMENTS =it.z,.,.,3 GENERAL FUND N•.Jel?� TOTAL DEPARTMENT/Division ITEM AMOUNT PERSONNEL OPERATIONS CAPITAL 100-GENERAL GOVERNMENT . 100-City Secretary/Mayor/ Portable Records Storage Building 5,000 0 0 5.000 City Council 103-City Manager's-Office Facsimile Machine 1,600 0 0 1,600 105-Support Services Expansion of existing City Hall 80,000 0 0 80,000 New City Hail Facility 2.000,000 0 0 2.000.000 TOTAL 2.080,000 0 0 2,080,000 106-FINANCE 106-Finance Replacement Computer system 150,000 0 0 150,000 107-Municipal Court none identified 0 0 0 0 130-PUBUC SAFETY (131-Fire Services) 4 Vehicle replacements(per year) 65,000 0 0 65,000 (132-Police Services) Ambulance Replacement 80,000 0 0 80,000 (133-Public Safety Support) Replace 4 SCBA 6,500 0 0 6,500 Finish second story of Fire Bay 15,000 0 0 15,000 2 Public Safety Officers 70,000 70,000 0 0 2 Communications Specialists 50,000 50,000 0 0 Automatic Fingerprint ID System 8,000 0 0 8,000 K-9 Vehicle 15,000 0 0 15,000 - Computer System Enhancements 20,000 0 0 20,000 Replacement of Booster 1 60,000 0 0 60,000 Replacement of the Hurst Tool 12,000 0 0 12,000 Replace the Utility Trailer with Air Truck 35,000 0 0 35,000 SCBA and hose replacements 12,000 _0 0 12,000 2 Utility Vans 40,000 0 0 40,000 Stand-alone antenna tower 20,000 _ 0 0 20,000 Second Fire Station 500,000 . 0 0 500.000 TOTAL 1,008.500 120,000 0 888.500 140-PUBLIC WORKS 142-Building Inspections 1 Inspector 35,000 35,000 0 0 Vehicle 12,500 0 0 12.500 TOTAL 47,500 35,000 0 12.500 144-Streets and Drainage Drainage Improvements 200,000 0 0 200.000 Continue road reconstruction-County(per year) 100,000 0 0 100.000 2 Drainage maintenance workers 44,500 44.500 0 0 TOTAL 344,500 44,500 0 300.000 145-Parks/Recreation Park land purchase 500,000 0 0 500,000 Park Improvements 500,000 0 0 500.000 2 Park Maintenance Workers 40,000 40,000 0 0 2 Recreation workers Part time 20,000 20,000 0 C Recreation Programs 10,000 0 10.000 C TOTAL 1,070,000 60,000 10,000 1.000.000 146-Public Works Admin. none identified 0 0 0 C 150-COMMUNITY DEVELOPMENT 150-Community Development Clerical position 25,000 25,000 0 C Blue Print machine/print room 5,000 0 0 5.000 Aerial photography resources 5,000 0 0 5,000 Microfiche machine/reader 3,000 0 0 3,000 G.I.S.computer system 8,500 0 0 8.500 Presentation equipment 2,000 0 0 2,000 Terminal for City Engineer CAD system 3,500 0 0 3.500 TOTAL 52.000 25,000 0 27,000 ALL DIVISIONS - PAY AND CLASSIFICATION PLAN 50,000 50,000 0 0 GRAND TOTAL $4,809,100 S334,500 $10,000 S4.464,600 ORDINANCE NO. 570 AN ORDINANCE OF THE CITY COUN OF THE CITY OF SOUTHLAKE, TEXAS, FIXiING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992 AND ENDING SEPTEMBER 30, 199,3, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0 . 4550 PER ONE HUNDRED DOLLARS ( $100 .00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OFAlf THE CITY OF SOUTHLAKE, TEXAS, ; AS OF JANUARY 1, 1992, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; A ARING AN EFFECTIVE DATE . WHEREAS, Ci y Council of the ;City of Southlake, Texas (hereinafter referred to as the "City" ) hereby finds that the tax for the fiscal year beginning October 1, 1992 , and ending September 30 , 1993, hereinafter levied for current expenses of the City and the general improvements of the City and its property must be levied to provide the revenue requirements of the budget for the ensuing year; and WHEREAS, the City Council has approved, by a separate ordinance adopted on the 1st day of September, 1992, the budget for the fiscal year beginning October 1, 1992 , and ending September 30 , 1993; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with. NOW THEREFORE, BE -IT ORDAINED BY THE CITY COUNCI2, OF THE CITY OF SOUTHLAKE, TEXAS : Section 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2 . That there is hereby ;, levied and ordered to be assessed and collected for the fiscal year beginning October 1, 1992 , and ending September 30 ; 1993, and for each fiscal year thereafter until it be otherwise provided by and ordained on all taxable property, real, personal and mixed, situated within the corporate limits. of the City of Southlake, Texas , and not exempt fromltaxation by the Constitution of the State and valid State ',laws, an ad valorem tax rate of $0 .4550 for the general operations of the City on each One Hundred Dollars ($100 . 00 ) assessed value of taxable property, and shall be apportioned and distributed as follows : a. For the purpose of defraying the current expenses of the municipal government of the City, a tax of $0 . 32232 on each One Hundred. Dollars ($100 .00) assessed value of all taxable property. b. For the purpose of creating asinking fund to pay the interest and principal on all outstanding debt of the City, not otherwise provided for, a tax of $0 . 13268 on each One Hundred Dollars ($100 .00) assessed value of all taxable. property, within the City which shall be applied to the payment of such interest and maturities of all outstanding debt. Section 3 . That all ad valorem taxes shall become due and payable on December 31, 1992 , and all ad valorem taxes for the year shall become delinquent after January 31, 1993 . There shall be no discount for payment of taxes prior to said January 31, 1993 . A delinquent tax shall incur all penalty and interest authorized by State law Section 33 .01 of the Property Tax Code, to-wit: a penalty of six percent (6%) of the amount of the tax for the first calendar month it is delinquent plus one percent ( 1%) for each additional month or portion of a month the tax remains unpaid prior to July 1st. of the year in which it becomes delinquent. I Provided, however, a tax delinquent by July 1st. incurs a total penalty of twelve percent ( 12% ) of the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent taxi shall also accrue interest at a rate of one percent ( 1% ) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1993 , incur an additional penalty of fifteen percent ( 15% ) of the amount of taxes, penalty and interest due; such additional penalty is to defray costs of collection due to contract with the City's attorney pursuant to Section 6 . 30 of the Property Tax Code. Section 4 . Taxes are payable' at the office of Tarrant County Tax Collector. The City :shall have available all rights -- and remedies - provided by law for the enforcement of the collection of taxes levied under this Ordinance. Section 5 . That the tax rolls , as presented to the City Council , together with any supplement thereto, be, and the same are hereby approved. Ordinance No . 570 Section 6 . That any and all ordinances, resolutions, rules , regulations ,, policies or provisions; inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed and rescinded to the extent of the inconsistency or conflict. Section 7 . If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8 . That the necessity of fixing and levying municipal ad valorem taxes of the City; for the next fiscal year as required by the laws of the State of Texas, requires that this Ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED on first reading this day of , 19 Gary Fickes, Mayor ATTEST: Sandra L. LeGrand, City Secretary PASSED AND APPROVED on second reading this day of 19 • Gary Fickes, Mayor ATTEST: APPROVED AS, TO FORM: Sandra L. LeGrand, City Secretary City Attorney Date: Adopted: Effective: ; Ordinance No. 570 -3- ; 7d - 3 City of Southlake,Texas MEMORANDUM August 5, 1992 r TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning. Administrator • SUBJECT: ZA 92-30 Zoning Change Request REQUESTED ACTION: Zoning change request for 1.17 acres situated in the John A. Freeman Survey, Abstract No. 529, Tract 4A1 LOCATION: 710 S. Kimball Avenue OWNER: Beverly Bratcher APPLICANT: James Phipps dba Paymaster CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "0-1" Office-1 LAND USE CATEGORY: Transitional Land Use (between commercial and low density BACKGROUND INFO: Beverly Bratcher, owner, is the applicant's sister. Mr. Phipps is a motivational speaker who plans to use this site for his office staff, Monday through Friday, 9:00 a.m. to. 5:00 p.m. and hold a monthly seminar on Saturday. He has no plans to increase the size of the existing building. He has indicated a willingness to provide adequate, hard-surfaced parking prior to the issuance of a "C.O." NO. NOTICES SENT: Ten (10) RESPONSES: Two (2) verbal responses, both opposed: * Mr. and Mrs. Ramsour, 703 S. Kimball Avenue * Mr. and Mrs. Forbus, 595 S. Kimball Avenue One (1) written response, opposed: * Mr. Darrell Faglie, 505 S. Kimball Avenue Three (3) written responses, in favor: * Wayne Lee, Tract 6K * Pumpco, Tract 6K1 * Jack Petty, 616 S. Kimball Avenue One (1) written response, expressing no opposition from GAIA Technologies, Inc. , tenant at 722 S. Kimball Avenue. Please see attached written comments. P & Z ACTION: July 9, 1992; Recommended to DENY (5-2) the "0-1" request. The Commission expressed concern about the intensity of the intended use and the impact the parking needs would have on the surrounding neighborhood, especially to accommodate the once-a-month Saturn="• canYiinars. Curtis E. Hawk, City Manager ZA 92-30, Zoning Change Request August 5, 1992 Page Two ( I The dissenting Commissioners empathized with the neighbors' concern about parking, but they felt that the "0-1" request was compatible as a transitional zone between the industrial to the South and the residential to the North as indicated on the City's Land Use Plan. COUNCIL ACTION: July 21, 1992; Approved (6-0) to TABLE until August 4, 1992 to allow the applicant time to prepare a detailed description of his business activities and submit it to the City Attorney for an opinion as to the appropriate district for the Paymaster operation. August 4, 1992; Approved (7-0) to TABLE until September 1, 1992. Having received Paymaster's list of intended uses, the City Attorney will prepare an opinion addressing the appropriateness of the "0-1," Office-1 zoning district. STAFF COMMENTS: Per Section 46.3, Ordinance No. 480, an affirmative vote of at least three-fourths of all the members of the City Council shall be required to overrule a recommendation of the Planning and Zoning Commission to deny a proposed change of zoning. Please note that no concept plan is required at the time of zoning application. KPG -z CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal. Date: (JM4)/ 7--.. Case Number: ..ZA q.Z-30 Fee: $100 .00 Receipt No. t 0 77() ( 1 / PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: P .�1 b,F3,1� Pay .e ee r Agent: - SOS Address : 603 -W � �:r7.,2� . ! creinc.44:14 .74, 7916,9 9 i 7 0J9 806 -as3, Telephone: S'2/7--9 ��s8 8(7 q85- 4 2,3 B. PROPER'Y 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 . r^., ( ) 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: 7(6 \s-, ge?..t `c ' Peri Property Location: \jQu L6 Acreage : / , 17 iz.j . ( ) 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 "0-1" , "0-2" , "C-1 "C-2", "C-3", "C-4", "I-I" , "I-2" zoning districts . ) ( . ) A development site plan shall be submitted with zoning requests in the "MH" and "S-P-1" zoning districts . SA 3 City of Southlake Application for Change o.f Zoning Page Two C. NATURE OF THE REQUEST: (� Present Zoning: Requested Zoning: (l1 Existing Use: 1/ 4Foposed Use: Reason for Requesting the Change: 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 . RP fie rl Jreck �r 6 —��--92- Si nat a of Owner Name ame Typ� or Printed Date E. AUTHORIZATION IF AGENT INVOLVED: I , , • P ,R, , owner of the aforementioned property • ,• her certify that I have given my permission to e / to act as my agent for this rezoning equest. j. tb -^ -, Beli-erI Th-hh ,�r 4-/ - --- ? 2 Signatu of Owner(s) Name Typed or Printed Date Before me, a Notary Public, on this day personally appeared 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 day of 19 NOTARY PUBLIC IN AND FOR TEXAS ' My Commission expires the day of , 19 • tu-raiktod 1.1. aJ-)iv tovit ezulcd. ®®�, ) �/, p G����iN/,rLt� (�,� Leo '� i/ gA-4 AUG- 3-92 MON 12 :25 MARVIN L. MALONEY 8178340016 P.02 Law Office of MARVIN L. MALONEY & ASSOCIATES, P.C. Profess/onai Corporation' (2889) • MARVIN L MALONEY, J.O. 1720 N. BEACH (817)834-ATTY „a,.®,,,Q,,.ADD hIL.0U0 FORT WORTH,TEXAS 76111 ' FAX (817) 834-0016 July 31, 1992 Ms. Karen P. Gandy, Zoning Administrator City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 RE: Letter of Intent • Zoning Action No. 92-30 Jimmy Phipps d/b/a Paymaster/Multifax Property at 710 South Kimball Road Dear Ms. Gandy: As I have indicated in prior correspondence to you, I represent Mr. Jimmy R. Phipps regarding the subject pending application for zoning change. After reviewing the zoning laws for the City of Southlake, and after meeting with Mr. Phipps and his support staff, the following is our formal statement of the intended use of the subject property. DESIRED CLASSIFICATION: We desire that the zoning classification be changed from its present "Agricultural Use" to "Office-1" . INTZEDED USE OF LAND AND STRUCTURE: The subject 2550 square foot, one story building situated on slightly over one (1) acre of land will be used for the operation of Paymaster/Multifax, which sells educational materials and training manuals, and provides computer support to its students. OCCUPANCY LOAD - PRESENT AND FUTURE:, On a daily basis there is presently nine (9) clerical and _ management employees of Paymaster, including Mr. Phipps. Many of these people are related and therefore share rides to and- from work and thereby minimize traffic and parking requirements. It is ; i projected that in the next two (2) years the company will grow to -require a maximum of twenty-five (25) employees to administer the services of the company. - 2A-5 AUG- 3-92 MON 12 :26 MARVIN L. Li LONEY {e 340016 P.03 • tlk(‘,\\( 4 � } Page 2 Mrs. Karen P. Gandy g •,-minx or City of Southlake � July 311 1992 1j, (1\ ?"D It has been decided in recent days that no Busine- Opportunity Seminars for the public will be held at the subject site, and • therefore no large amount of traffic or vehicles is expected. There will be occasional training seminars provided for the company's area consultants coming in from out of state, but it is estimated that there will be no more than twenty-five (25) additional people at a time in for this training, and that said training will be held on weekends and many of them will be shuttled by van to the property from the airport or the local motels at which they are staying. PARKING SPACES: Based upon the plat or survey attached hereto as provided by Wendell Hancock, a licensed surveyor, it will provide twelve (12) angle parking spaces off the street in a paved parking lot and thirteen (13) parallel spaces on the side street. These twenty-five (25) parking spaces exceed the city's requirements by approximately fifty percent (50%) based upon the building' s square footage and its intended use. ACCESS FOR INGRESS AND EGRESS: Because Kimball Road is a somewhat marrow street, it is planned that all vehicles coming to and from the office will do so by the short distance to the South on Kimball Road and then traveling on Crooked Road; thereby eliminating any additional traffic on Kimball Road to the North. • APOLOGY FOR GROUND BREAKING CROWD: Mr. Phipps and his staff sincerely apologize for any inconvenience caused by the large crowd which appeared at the ground breaking/dedication ceremony which occurred on July 4, 1992 : In their zeal to show off the newly acquired property, they did not intend to offend any neighbors or cause any inconvenience to anyone. • SUMMARY: The subject property is immediately adjacent to an industrial type building. The occupancy load will be limited to a maximum of ) twenty-five (25) employees during the week and no more than twenty- five (25) consultants coming in occasionally on weekends. The proposed parking spaces are more than adequate. The vehicle AUG- 3-92 MON 12:27 MARVIN L. MALONEY 8178340016 P-04 • Page 3 Mrs. Karen P. Gandy, Zoning Adminstrator City of Southlake July 31, 1992 traffic created by this business will be minimal and will be routed to the South. There will be no noise, no pollution, no . manufacturing, no large neon signs and no disturbance whatsoever created by their proposed zoning change and/or use. Based upon the above, we respectfully request that the desired zoning change to "A-1" be granted, and we thank you for your time and consideration. I will be happy to answer any questions either personally or at the scheduled Council Meeting on September 1, 1992. . Yours very truly, LAW OFFICES OF MARVIN L. MALONEY & ASSOCIATES, P.C. yr. 1 By: Marvin L. Maloney MLM/ra cc: Mr. Jimmy Phipps Enclosure (1) . • • SuRvEY, ABSTRACT NO. 529, Tarrant County, Texas and being part of a tract described in a deed recorded in Volume 2525, Page 214, Deed Records of said County and being all of a certain tract described as one (1) acre in a deed-from Lovie Jo Lancaster, also known as Lovie Jo Lancaster Wilcher, Individually and as Carnni- i pity Survivor of the Estate of herself and her deceased husband, Clyde D. Lancaster • to Erskine MtAlpi.n and wife, Mildred MdAlpin, said deed dated February 1, 1968 and recorded in Volume 4517, Page 204, Deed Records of said County and also being • all of a tract described as 0.17 acres in a deed from Lovie Jo Lancaster, also known as Lovie Jo Lancaster Wilcher, Individually and as Comunity Survivor of the Estate of herself and her deceased husband, Clyde D. Lancaster to Erskine McAlpin, John T. McAlpin, William Lee and Gary G. Lee, said deed dated January 20, 1970 and recorded in Volume 4832, Page 572 Deed Recorded of Tarrant County, Texas, and b i nrr mere nartic-„1 a r1 .described..as follows: ._-. -. _ _ . - - RRGINNING at a steel pin in the West line of County Road No. 3114 (Kimball Road) at the Southeast corner of a 2.19 acre tract described in a deed recorded in Volume 4212, Page 141, Deed Records of Tarrant County, Texas, said beginning point being the North east corner of said one (1) acre tract; • THENCE South along the West line of Kimball Road, passing at 115.39 feet the Southeast corner of said one (1) acre tract, same being the Northeast corner of said 0.17 acre tract and continuing on said course a total distance of 135.39 feet to a steel pin at the Southeast corner of said 0.17 acre tract; THENCE South 88° 35' West, 377.5 feet to a steel pin at the Southwest corner of said 0.17 acre tract; THENCE North, passing at 20.0 feet the Northwest corner of said 0.17 acre tract, same being the Southwest corner of said one (1) acre tract and continuing on said course a total distance of 135.39 feet to the Northwest corner of said one (1) acre tract; Tt-NCE North 88° 35' East, 377.5 feet to the PLACE OF BEGINNING and containing in all 1.17 acre of land. • • • • 1)1"!r 4 ,6z Sl2C I ��- •ZN • ! 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Ci sp62•�1 SE `7"�y(E.� fL.S4,c/ 7-C 11.3,e >rdel)10T or -:ET izief2ess i J1-102E. ` 4/ 1 t, f 1(2412 416 ER 6/6AL c.J£ 39 Ca2s oA-' - `T?u' I-c7-5 JuL y 4±e- SIGNATURE: 2,i,,d/4 n (1344.R EL rP9C L l f) ADDRESS: $C5' •5. B9z-z— 4 vE . tSn:rC�4•C� ( )he following form may be filled out and mailed to the City of Southlake Manning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 92-30 I a (in favor of (opposed to) (undecided about) the request for the folio re.a .• SIGNATURE : L�Cc.,�.c � PUnl C0 RG P.fes fl-'afsVC P ADDRESS : G SC 0 A -e.0 Co' Po22. 7 The following form may be tiiiea outi ctiiu maiicu �.. ..�.� .._..j __ _______ Planning and Zoning Commission, 667 North Carroll Avenue, Southiake, "Texas 76092 . REFERENCE NO. : ZA 92-30 I am in favor of) ` - '—`b- 1` the request for the � '� llo-ing reasons : p 62-z--PL-P A' (A(1-41 SIGNATURE: ADDRESS : di‘ /fit f7/} �t 5-07/66 / • C ‘l °�he following form may be filled out and mailed to the City of Southiake anning •and Zoning •Commission, 667 North Carroll Avenue, Southiake, Texas 76092 . REFERENCE NO. : ZA 92-30 am ( in favor of) (opposed to) (undecided about) the request for the fo owing reasons : SIGNATURE: tiOAVI) PILL' ADDRESS : L- vV l givrts j c ttv-49\, • •) technologies, Inc. July 7, 1992 City of Southlake Planning and Zoning Commission 667 North Carroll Avenue Southlake Texas, 76092 Re: ZA 92-30 Dear Sir (Madam): Our firm is the tenant of 722 South Kimble in the plant formerly - owned by Entek Corporation. We have submitted a proposal to the property owner, the Resolution Trust Corporation, to purchase the real estate. ! Recently we received the notice to Interested Property Owners concerning the above zoning amendment application. While we take no specific exception to the proposed amendment, we feel there is an additional matter which must be resolved concerning this tract. On the map which accompanied the notice, the roadway designated as tract 4A4 runs between our property and tract 4A1 covered by the above notice. Since the roadway is the only accesss to tract 6G--a two acre homesite--the proper handling of this roadway is complicated. A review of the plat map does not clearly indicate the ownership of this roadway. We would like your assistance in determining the ownership of this tract and the responsibilities of the adjacent property owners. g�- Ila 10000 Memorial Drive, Suite 900, Houston,TX 77024 • (713) 688-4774, Fax: (713) 688-4777 Western Region: 3188 North Marks Ave., #101, Fresno, California, 93722 • (209) 264-8288 If you prefer to meet to discuss this matter, we would be happy to '^ } come to your office. Sincerely yours, AVW / Stephen J. K." eish SJK/sp ) gR. - 17 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-74 AN ORDINANCE AMENDING ORDINANCE NO. 480„ AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CCERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 1. 17 ACRE TRACT OF LAND OUT OF THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529 , TRACT 4A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "O-1" OFFICE-1 DISTRICT 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, Texa& 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 "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 inthe area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular 'sand 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 ingress and egress points for parking and off-street loading 480.74/ORD/kb 5/cc. —!B Pagel 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. herein.after, described areas be altered, changed and amended as shown and described below: Being approximately a 1. 17 acre tract of land out of the John A. Freeman Survey, Abstract No. 529, Tract 4A1, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "0-1" Office District. 480.74/ORD/kb — / 7 Page 2 1 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 saidZoning 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 i 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 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 480.74/ORD/kb Page 3 Yet. - 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: 480.74/ORD/kb Fe&— .2/ Pagc 4 - City of Southlake,Texas MEMORANDUM August 21, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Z.P. 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) . KPG 88- I CITY OF SOUTHLAKE APPLICATION FOR CHANGE OF ZONING Submittal Date: 7/Z /q;L Case Number: " ZA q 3I Fee: $100 .00 Receipt No.. 6 1W " PLEASE TYPE OR PRINT A. APPLICANT OWNER(S) (if different) Name: Roy D. I�araka Charks N. 3ack5or) Agent: 198 I E. gh land Address : 3(30g S 'rtnq Wei Dr. Sof11LdkCTTX. 16041.6 Beaera, ►X. 76a,-II Telephone: (YI1 In-qi 7 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 . f 1 ( ) A metes and bounds description is attached. ( V/') Property is platted and described as : Subdivision Name: Tcckso h Addition ion Block 1 , Lot( s) I ; Block , Lot(s) ( :4 Address of Subject Property: 1981 E. FkjhI�ncI 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-i" , "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 . r City of Southlake • Application for Change of Zoning Page Two C. NATURE OF THE REQUEST: �.` nnr Present. Zoning: Iil� Requested Zoning: -S r,r. Existing Use: Restaeniial Proposed Use: Residenfta( Reason for Requesting the Change: Tc rcVISC piaf 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 sfor 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 . • x Char tes I{. �ackscn7/2.11-(tt, ' Signature Owner Name Typed or Printed Date E. AUTHORIZATION IF AGENT INVOLVED: N.Charles IaclsCn , owner of the aforementioned pr pert do hereby certify that I have given my permission to t� rr' ) Hardin to act as my agent for this rezoning reges t. Z/1; 4 Charles �. ...iackson 17/2i4�9� Signature Owner(s) Name Typed or Printed Date Bei- oreme a Notary Public, on this day personally appeared 01,3r 5 IV sJd C-$5On 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 °(• day of 19 NOTARY PUBLIC; IN AND FOR TEXAS lt My Commission expires the t9 ' day of AAA/ .. , 1994 et1.` i•1 �'. (a�4"iD 'tf j,� tide illy cearil. 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J TR 2G .93 AC „AG„ A. \ Justin State Bank 1.278 AC NA 1A \ "AG" HA ,^�II1.657 AC I Bear eek 1� M `'A' \ —L Communities TR 2A I 'y - - - - � - - - - J�v 49 "C-2\ 10.36 AC -____ 1 TR 2A4 • 1.5 AC ( • UN-1 N AL AQ N r 1 . - Iyk.b YnL 3:=: r► 32 /4I6HLA Ji •R AL3 te,7., 4e- R.e.nJ. 4.. -- Ir — j�' C _ �.r2 S:otGET. 1 ¢� stab.(_ L..JG - ' I I ' �Q 1 I j I , -f � . ___E:).. I 1 2 I ! I I ci 14713 • Iac sa. �. 4ac . 14h f I -f , .; i fti !i � zs ajir.�c. ;1 � � .v I ! s ;34 I c .1 tzl ` ' f ,' c v U1c., 1J i7"( r '' %V.'' ''''''' I Trs. Jt /L. 1 I CSar f I {-i1GNL:.tiJG t ! f f Q II f n / S1.,asccr Sj . '?.oa ( I ,we 70--..0 4 ` • I L L O IBC ! -1. `Il 1 I 1--- • • — -- I 41 ZS a.o- -r•o C,,Z AP !4 tC SCALE. r • tca • PLAT SEOWIN( Lots I and 2 . Block 1 , JACK ON ADDITION , an Addition to the City of Southla%:t , out of the Thomas Mahan Survey , Abstract Nci . 1049 , in Tar- --- county_ , Texas . Q CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-76 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 1. 753 ACRE TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1049 , AND MORE COMMONLY KNOWN AS LOT 1, BLOCK 1, OF THE JACKS;ON ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY-1A, 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 "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/ORDIkb gip--- 7Page 1 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 Paac 2 �'�� From "AG" Agricultural to "SF-lA" 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 _ y Page 3 effective date of this ordinance; and, 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 passag&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 • is PASSED AND APPROVED on the 2nd reading the day of , 1992 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: 41 CITY ATTORNEY DATE: • ADOPTED: EFFECTIVE: 480.76/ORD/kb /�' Page 4 (j City of Southiake,Texas MEMORANDUM a August 21, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-32 Plat Showing REQUESTED ACTION: Plat Showing for Lots 3 and 4, S. Freeman No. 525 Addition, being 2.012 acres out of the Samuel Freeman Survey, Abstract No. 525, Tract 5M. LOCATION: 747 Shady Lane at Raintree Drive OWNER/APPLICANT: Phillip L. and Elsie A. Mummert CURRENT ZONING: "SF-1A"-Lot 3 and "SF-30"- Lot 4 NO. NOTICES SENT: Twelve (12) RESPONSES: None P & Z ACTION: August 20, 1992; Approved (7-0) subject to the August 13, ( 1992 Plat Review Summary. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated August 27, 1992. KPG 4c- I CITY OF SOUTHLAKE 03/15/91 FINAL PLAT/PLAT SHOWING/PLAT REVISION/AMENDED PLAT APPLICATION TITLE OF PLAT: Lot 3 & Lot 4, Samuel Freeman No. 525 Addition SUBMITTAL DEADLINE: 7'2.1'9Z' TOTAL LOTS: 2 TOTAL ACRES: 2.012 "Ziq 92 -` .1 APPLICANT OWNER (if different) NAME: Phillip L. Mummert & Elsie A. Mummert ADDRESS: 747 North Shady Lane Southlake, Texas 1 PHONE: I hereby certify that this plat is in conformance with the requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes of the City of Southlake tha perta' to this submittal. I further understand that it is necessary to be present at t Plan i d Zoning Commission and City Council meetings to represent the the enclo reque t d dress any unresolved issues. Q Signed: Date: ,//�/ z For City Use Only: I hereby acknowledge receipt of the plat application and the application fee in the amount of $ %7O II on this the 27 c& day of frfr , 197 b • �� Signed: L, nt' � �Nti(� Title: `,IW1 7 G IrU The following checklist is a partial summary of platting "requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION_ On Plan Applic. _X_ Permissible scale: 1"= 50' , 1"= 100' (Prefer 1"=100' ) Sheet size shall be 24" X 36" X North arrow, graphic & written scale in close proximity Vicinity Map __X_ Appropriate title, i.e. "Final Plat", "Plat Showing", "Plat • Revision", and "Amended Plat" . • X Title includes Subdivision name, City, County, State and Survey and Abstract Title includes total gross acreage, number of lots, and date of preparation X Name & address of record owner & subdivider (if different) X Name, address and phone of Surveyor Standard approval block provided X Proper format for owner's dedication and notary (Appendix) X • Proper surveying certification statement (Appendix) _ Courthouse filing record note provided XC -Z • Final Plat • Page 2 of 3 �" Vl Shown Not ADJACENT PROPERTY (within 200' ) On Plan Applic. X Unplatted property: Name of record owner and corresponding deed record volume and page for all adjacent unplatted tracts within 200 feet, to include owners across any adjacent R.O.W. X Platted property: Show as dashed the lot lines, lot & block numbers, street names, subdivision name & plat record vol. & page X Locate City Limit or E.T.J. Lines X All survey lines shown and labeled X Existing zoning label on this tract and adjacent property X Existing easements adjacent to this property (Type & Size) Previously approved concept plans or preliminary plats X Adjacent street intersections shown with street names GENERAL SITE INFORMATION X Legal description of the land to include: Current owners deed reference, name of survey, abstract, county, state, POB tied to survey corner, previously filed subdivision corner or USGS monument, total acreage X Property corners labeled as to pins/rods, found or set with sizes X _ Subdivision boundary in heavy lines, with distances and bearings shown thereon that match legal description X Existing R.O.W. shown, labeled and dimensioned, i.e. public streets, highways, alleys, private street/drives, railroads, etc. X All property corners dimensioned to centerline of adjacent streets _ _- All existing easements shown (Type & Size) X Existing structures shown (Note whether to remain or not) (Plat Revisions Only) PROPOSED INFORMATION X Utility easements: Where adjacent property is unplatted or platted showing a 5' U.E. , provide a 5' U.E. along the property line; if adjacent property is platted and shows no easement, provide a 10' • U.E. along the interior of the property line X 10' U.E. along S.H. 114, F.M. 1938, F.M. 1709 X Street alignment in accordance with ordinance requirements X Curvilinear street requirements met (No. 483-5.03A) X Street R.O.W. dimensioned and centerline dimensioned with bearings X All curve data labeled (delta, radius, length, tangent) X Sufficient street stubs into 'adjacent property (No, ,..483-5.03-K-1) X Street names provided not similar to any existing street names x R.O.W. dedication in accordance with the thoroughfare plan shown and dimensioned X Lots and blocks labeled with numbers in consecutive order X Square feet of each lot shown (Chart format O.K. ) X Drainage and utility easements labeled and dimensioned ( X Front building setback lines labeled or noted x - 50' setback line shown on S.H. 114, S.H. 26, F.M. 1709, F.M. 1938 k-3 Final Plat Page 3 of 3 Shown Not 1 On Plan Applic. X Lots to be dedicated for public use, labeled as such i.e. school, parks, flood plains, open spaces, etc. , showing acreage and general perimeter dimensions (No. 483-Article VII) X Parcels reserved for private use shown as described above X Calculated dimensions for all lots, street R.O.W. and centerline easements, etc. -4— Flood plain limit shown. Floodway shown and labeled with dimensional ties X Avigation easement shown if applicable (Appendix) X Minimum finish floor elevations (No. 483-3.03-D-30) Note also provided (Appendix) X Deed Restriction Statement (No. 483-3.05-C) (Amended Plat Only) X Flowage easement note (Appendix 5) X Sight triangle note (No. 483-8.02) X Driveway access limitation note (No. 483-5.01-H) X Any easements to be abandoned (No. 483-3.07-C) X Minimum lot width of 125' on certain lots (No. 483-A-8.01-E and F) X 30,000 sq. ft. min. lot area on certain lots (No. 483-A-8.01-G) Not Included Included OTHER REQUIRED SUBMITTALS Complete and corrected water and sewer layout Complete and corrected Preliminary drainage study by Professional Civil Engineer provided with contours in conformance with criteria in Ordinances No. 483 (3.03-D-35) and No. 482 X Pero tests for each lot not served by City sewer Certificate of taxes paid from City Tax Collector Certificate of taxes paid from County Tax Collector _g_ Certificate of taxes paid from School Tax Collector ,( Any proposed or existing deed covenants/restrictions X Any proposed Homeowners Agreements and/or documents X Developers Agreement (Prior to Construction) First submittals for review by the Planning and Zoning Commission shall include: X Blueprints - folded 6" x 9" (17 copies) X . Reduction of plan at 8.5" x 11" (1 copy) X Copies of all written documents (1 copy) X Corrected Preliminary Water, Sewer, and Drainage Study (2 copies) Second submittals. for review.by the City. Council shall, include:. Blueprints - folded 6" x 9" (17 copies) Reduction of plan at 8.5" x 11" (1 copy) Copies of all written documents (1 copy) Folder: -P&ZFORMS ' File: APP.FIN 1442 • 3ry+ _ _ _ ___ 2� \ , E 1- T/., _ _ _e_• Svc. ABS,. Nf 1688 I - 5.5620 2 ,. 25.ac r- ; r/ / \Cpav< u / . •,zsl -P 2F2+ I,I 2FI 1 \�f`.S� .� /� "` 1 I ' FALL _. 2FA , • RFF - -- / yam—r- 2dl i�i6L;.71 1 1• 1 I'." TE-2e, . (r---2 in \//.•.' 1 1, —r 2A3 -1%. -., —) • r..-".--", c J IC 1L 2C 2F': 2E6 2C1 '._✓— - "�.�. ?5Pc `�� �_ — --- 'e N8•3080 . __ 2 197 i 2 x SAI •\2C2C • ( sC .. ::.,/1 IBA 1. `• Ba �••,� 1 1 -- i I °9� \ SE 5:1 1 �- I 1 I — - I • I h BT.S4 \\ 'i8N I eK.8L, 811 ""'----1— 7 1 I ac i 1 2. 2G 4 502 ' I r.sih...t �- ._ ' : l. j Z 11J ,(BVI 97. BE 1. I 2d ANNAi 3e— , t -- ^- 2G. 542'SDa /, \ '1 -sY 1 , r�, 'it% i, i IG r t21 7ri IBRI. ea ,� r % i i'I '__ • SC I K/ 5C _BPI 1 B / I I 1 2BI } 2 1 ,S 10 A�I �� 50'S5� ` es ' ea• AI,l, .',1--"'". r II • —_-- ---3C I 3 II 1 �� i SA2. �1/ 4Ad a 1 7d J i "y3A ,SC1611 SC IA• r I 1 SS2 e■ a-• sul a PM BA, 1 L__ 115A3AI , 1 C,v J L_.L 1___ , I I i—� W! __J St WK.& I 5FFI 5N 1 Sp SI �1 . �M •__ 3fi I 5018�--� 1 SL 15R1 i 514,5G 5A �* 1 i _ .� wu G J (}-0 fnl JJ�`SG° 5°+ j \) +,*. ADD • j I1 i '' 58ta; - :2Bn 1 2ee 1 2871 2BIz 129t4 tea 12B,A Bc,I I i, `1 j i—_c r ` J 1 coiSURVEY ABST. NE 1049 Y I `�ft_iR:f117 -. �IL 4[' yikm ,� /� 6°se 4c � , I lY I R ' c2 II .T�4 1 ' CI • rI ] _$0,TEY ABST N°3 I 7~ I •� / .3.jn'r Ct 1=-:M`�+�r�• 11121426 120312091 28] 2BIC 12B� _ [(y/, x/( ! !r `•/ Ct lP` I , __ ! 20! 201 2C1 21.1 2N1 2F1 2.11 2P ,- / ` • I �b Ji I�� • i¢' p V.� D 1 L 1 • ,�/ ACJi ING I 111 S C1NF I a �RC. J 'p/.s:z ' 2K1 2R i 2E 1 201 2e1 2e 1 •. -- __ L• � � SA2 3A1 i • IT ss ��{/''''Q� ��SIrJ Ji �y \ / I I l I — r188:�G1 za1l zd f J -CY 1 ly°"�� i 1 Lr I/ '582 a;'('fit y I- e :�61 iI 1 --SB2 582C�1 r V I _— '1 � �' - 2AIA II 4r�� _IF f. I i I /` I —SB2a 5B2d 1; ! - �N��j{j{ •jel I IB3 1 � �'//` SURV fY ABST N?1SB 1 J ' • 0 '- I2 E9C a L1 NORTHWEST PARKWAY 1 1 _ �y�� ^- - EAST I ._ _ 1 12 � 2Eq i — 6 ]Ba]9 . •--�_ 1 3 2Eu - 7E 2E9 �. L _F 1 I �4�ygf- 512;2E'—• p'Ah� 'll 1--1 • �Oq/;4i.i!rrI •�' eY �Ca TF' zno F- ` m I r.—,:1' C See ,; _ yi. 'f.` /' G4rE • • I' 5 �;A'_, 1 1 `,. �-� '.:Cri-'h�� a` S ---'SI ^ ___ •3F 38_ •Ii I I_pI• '11���...:.�1.: , •:` 2: 28 '82A IB21 Ih '�• �1'�'•- • • ts • �- . ((��}}--;;•• zL- .' I 2A2A; /,l I 1jl I 1 IBI IF--- I. I I l�S y�II 21 I: I 2P16I 2L18 • I I t • li m • ISI)E' • { �� A 9� 302 Op J� I J P _I - - - NL / I :2�Ac i�_o2. _— II—f�d i u6 1 iy �`Jv tSj TTRA T8,," C LOCATION MAP Y ._ G .Z m ,• M1•` '3�Ar 1 , _ • !N'{Vn �? SUR'iE aG — 1 °� il t 4 AI I—T• fr (� , Sf ' 6t L..__—- '_ 6G laaA .ml l / Q S•I101 i t - _ __• --_-- 61t _�' 1 /^/O' - 1 • `— r u1r.F 1 ILsv 1 N.•_l•1. - TR 5C 1 ) f \ \ . 10.95 AC 7R 50 f 2.0:/V • S 111 �. / TR• G N � 5C1• NU , \ \-.) . 13 AC TRACT 2 Fox, Raynd / rm TR 5CIC TR 5C18 TR 5C1A • 78 AC 1. 15 AC 3.48 AC/ 9G, TR 5A3A1 "SF-1" / 2�r0 1 AC Bridge, Joe Warmack, Marg. - TR 5P 1.32 As TR 5N 13 AC TRACT TR Olden, R.A. TR 5F i 501A1 TR 5C181 "SF,)j" "SF-1" • "SF-1" /. •59 RAINTREE RD . R 5A3 4 AC AC TR 5018. Bray, Donald • Nall, James Hall, John Kent TR 501 • ::::://; 5MTR5L TR 5H1 TR 5H 1 .28 AC AC //////: 1 AC 1.02 AC .83 AC "SF-1" / "SF-1" "SF-1" Germany, Karen Forester, Nancy A. Hatcher, Fatricia TR 584B1 • Webb, Gary M .86 AC TR 281 TR 2611 TR 2BB TR 267 , TF "SF-1" * Williams Johnie 2 AC 1 AC 1 AC 1 AC ' ITR 5B4B "SF-1" "SF-1" "SF-1" / i .JS AC ( "SF-1" GREEN BOUGH DR. ij , SN�0 RE 1 G N TR 2B2 TR 2B TR 283 TR 289 TR 285 1. • 1 AC 1 AC 1 AC 1 AC 1.5 AC A 2 38565 J r a Q = TR 564C cn TR 2D TR 2G TR 2C TR 2L TR 2ti 65 1 .05 AC 1 AC 1 AC 1 AC 1 AC 1 AC AC CD TR SB4G '" A` AOLLING,-.LN OTR 2K S O 7 - TR 2E TR 2G TR 5840 1 AC '� 3 AC 1 AC 1 AC _ - • 3. F4 VTR 564E i4't iqv GcG5 'R 586 I TR 584E GRL 5 4 AC IE. 1 AC iC_l City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-32 REVIEW NO: ONE DATE' OF REVIEW': 08/13/92 PROJECT NAME: Plat Showing - Lots 3 & 4, S. Freeman No. 525 1 Addition OWNER/APPLICANT: ENG/SURVEYOR: Phillip & Elsie Mummert McGuinness & Associates, Inc. 747 N. Shady Lane 7704 Trinity Blvd. Southlake, Texas 76092 Fort Worth, Texas 76118 Phone: Phone: (817) 284-3000 Fax: Fax: ( 817) 284-4868 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/27/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT.- 744 . 1. A minimum finish floor elevation should be shown on both lots. 2 . Change Raintree "Road" to "Drive. " * The alignment of the 40 ' drainage easement may change pending review by the City Engineer. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of owner' s dedications and notaries with original signatures on 8 .5" x 11" or 14" paper. * The applicant should be aware that any revisions made prior to City Council must be received at the City by August 24, 1992 . All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction: * Denotes Informational Comment cc: McGuinness & Associates Phillip & Elsie Mummert gregfonm/plat92.32 ��- ,7 • 3 F; I e I I _I.�Ht... Y w.awal•rtr-... E _e • �' �' I 4 I / ,:, war•.,.. see - -�RAINTREE RGO •� MM.." 1 'rn►Ir. wart 1 nr rr l -a.-r! a r i r ar 1r 1 l7LL • . ...ft...., _1 ,E .. ..••iiag.,it n ` I`1 el 9 ,,\ I.nr.utw.a.Mt a..I/rrt.n,wart r��A•M .IL tfif Miff ` \ \t7'fI�IJ�.f 14.n rin - �, ;tttr yn .I.W (�c a • —II. ;' ;ammo..Ile I ti .0 :7 a Mr'i�`I rasalt; = rEi._ - M'Q lrQ"I } I I mast NOS* wY�a...r iwwnI� MlfraX+ O I Ia.(rIwrot a""r.kty Q —. • ,.I 1 I • • • v.v li w ear t I r•. rIAT 5310M'1CKi lac)T 3 A L(rr 4 S . FREEMAN' NO.:525 ADDI'I'1ON • • AN AUDITION TO TILE CITY OF SOUTIILAKE T.-' TARRANT COUNTY.TEXAS ...,� ( I11i17(:A LSI2 AfllF.TRACT OF LAMP ......... ,r 1N ME SAMUEL►RU:MAN SI IRV.Y,ARCTRA17 OW./ NO.725.TARRANT(TN IN re.lY.XAS.AN)R17N(;f I/A I(TR INN wean lltArf(1i I APO)ITOWE VII)Ttlr111111r 1.Mf IMM,'R T AND w11 V. (+ jr—. lil till!A.M1UMM11IT Alt R1•ITN11NJl IN VNil IIMI!M\11.rA.7Y. (I J J f72.1N1-:11 NIX TM I IS,TANN AN CI 1UMY.T1•�(AS. - rRN?ARI•IUNI'.Z.129X AM)(ViNTAfl,N(;t'1)IIM. MCGUINNESS & ASSOCIATES INC. „n�� Ia...wl I SURVEYING.ENGINEERING h MAPPING PROFESSIONALS •-..,Ma r. 7JMN(IRINITT 111 N 11}VM11) i ' ►( 11r(71l III.11 J(AS 7f 11■ j ;t (7117)77I&VIC l �"0 �„ �. L mi.:,R 11(217)UR 72;,s1 FA(l 7)`J1daMt ��� City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: ZA 92-32 REVIEW NO: TWO DATE OF REVIEW: 08/27/92 PROJECT NAME: Plat Showing - Lots 3 & 4, S. Freeman No. 525 Addition OWNER/APPLICANT: ENG/SURVEYOR: Phillip & Elsie Mummert McGuinness & Associates, Inc. 747 N. Shady Lane 7704 Trinity Blvd. Southlake, Texas 76092 Fort Worth, Texas 76118 Phone: Phone: (817) 284-3000 Fax: Fax: (817) 284-4868 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/26/92 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . A minimum finish floor elevation should be shown on both lots . * The alignment of the 40 ' drainage easement may change pending review by the City Engineer. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements and finish floor elevations . * Original signatures will be required on both blackline mylars prior to filing the plat. Also required are two sets of • owner' s dedications and notaries with original signatures on 8 . 5" x 11" or 14" paper. * Denotes Informational Comment cc : McGuinness & Associates Phillip & Elsie Mummert EC-9 • 4...:..r.. 1.....,4!.....--:"`,..."'",.•..^.--,, ''' ',......• .-..•--,1 ...,.., .....:.--.. ' .!.-.' " .,', :...i.::2 --:''..;...::;!:;:t.V4Z':=:-V-.:.41,.."*-- __,f?'4s-0' •-•,.......",.;,..:::.••-...... ,-,-_-4:.:.%:•,.%- z- --..-:,.".r.. .......-". ---1:0,-_:,,'..' -,. ,,,••.•--.-_:•,...:,.-..:...::.....•-.3..;,,..,..,,ce,e., -;:ri...-...-.A.... 41.. : --. ''--' --'-.-'L'2c'. -. ."'"•-• --'.--Wr-if•-4.;- ---..1."-..--''-''':''' ''''.,;i::-.'''.:.-.4..".-. • ----..'7. -..s-Z--=4*- *--.. .-;s . „ f,..:.;".7..,.-.7-.. ,VI:....--.....;•,:r":-A.:-.7.':,.',..z.T.--,:: --....-`4:244.4....V..'-=-4.•.,,,:" ez---,.... -••3‘r,h,-••-,;•• ••e•-.:..,;•-.--..-F.6.- -..E • Arnairfroura--- ".,-,1 ---•.1ii:1'-=....s.-5..-T..-r,:-.--..--.-.." 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V. City of Southlake,Texas 1 MEMORANDUM August 21, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-33 Concept Plan Approval REQUESTED ACTION: Concept Plan approval for 4.884 acres situated in the Little Berry G. Hall Survey, Abstract No. 686, Tract 1C3. LOCATION: 222 W. Southlake Blvd. , being approximately 600 feet West of the intersection of N. White Chapel Blvd. and F.M. 1709. OWNER/APPLICANT: First American Savings Banc CURRENT ZONING: "S-P-2" with certain "C-3" uses LAND USE CATEGORY: Mixed Use BACKGROUND INFO: The proposed uses are in compliance with the previously approved "S-P-2" zoning. NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: August 20, 1992; Approved (7-0) subject to the Plan Review Summary dated August 14, 1992, deleting items 1 and 3. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated August 27, 1992. Attached on page 8D-9 is an exhibit showing how the Crossroad Square site plan and First American Savings concept plan coordinate. KPG �D=1 CITY OF SOUTHLAKE 04/02/91 CONCEPT PLAN APPLICATION, TITLE OF CONCEPT PLAN: FIRST AMERICAN SAVINGS SOUTHLAKE BRANCH • - JEDIVISION NAME: LOT: BLOCK: ZA 9Z^3.) APPLICANT OWNER (if different) NAME: FIRST AMERICAN SAVINGS ADDRESS: 1903 CENTRAL DRIVE BEDFORD, TEXAS 76021 • PHONE: 817-571-1020 I hereby certify that this site plan is in conformance with the requirements of the Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further under-stand..-that- it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent theme enclosed request and address any unresolved issues. ' Signed: rbYv) � . Date: JULY 27, 1992 V l,4.1 '.:UV1� v 1 Y V : For City Use Only: I hereby acknowledge r eceipt of the concept plan application and the application fee in theg amount of $ i v• on this the 2T k�. day of yar , 19 921 ,.fined: &LIOt A,1 Title: V► bU/►? iJ *** ************************** the following checklist is a partial summary of concept plan requirements required by the City of Southlake. The applicant should further refer to Zoning Ordinances No. 480, amendments and other ordinances, maps and codes available at the City Hall that may pertain to this concept plan submittal. Shown Not On Plan Applic. Acceptable scale: 1"=20' , 1"=40' , or as approved North arrow, graphic & written scale in close proximity Vicinity map indicating the area in which the property is located Appropriate title, i.e. "CONCEPT PLAN FOR Zoning Request". Title includes project name, City, County, State. Title includes gross acreage and date of preparation. Provide name and address of owner and/or applicant. Provide name, address and phone of consultant who prepared the plan. Legal description and a survey or plat certified by a registered professional land surveyor showing boundary dimensions, bearings and existing, easements. Label the existing zoning of the property, the existing land use, the proposed land use designation, and any proposed zoning. Adjacent tracts labeled with owner's name, existing zoning and proposed land use designation (L.U.D. ) . Conceptual representation of proposed use(s) and generalized representation of proposed improvements. Conceptual representation of points of connection to public rights- - of-way. Approximate extent of existing tree cover.. gD-2 1.1 , 11" . ' 1 I .---hcrZer""-rr'• , I 1 1,--------- -Tie;---ftlY,; Mina • ---.-- ;I ' la•• Potwalit LAMI •• <•-.....:•_....• ,. fi--* - -.1•. '..'''- '' 1 .... . I' LA '1k1 0-1.I CHOVERS i A3SALCM H. 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V ' . • , -.. . ., . •••L'•• ',N S 17- ..", .7....„.„.„.N"....."•11.....1C' 3A73?•,1,17,-,7 •_ i / • -- •. i :- - .. . I .., • . S....Iv US?••fil-19, --- r •- ,,, - ''' - t _.11-1 •••• ______2, C----11 ...S.A....L•tailot MI ...„. .-wont.ta alll,s Cm •.• .•---•• :•• X D-3 `2-7-d,:-:•7.17.----.7--_---r.-. a ,,,,,,,JOS-••- \\ . t 1 _- _ . -_ TR ICI. CITY OF SOUTHLAKE i i_0 AC 1R 1 TR 1C2 a• I 6.0 AC 2 j „CS" ! pI A I I Justin, William J. TR 19 s 1 ' 9.9 A` _� PIMA Properties "C-2" TR 1C 9.22 @ TR 1C3 j f 5. 16 AC S-P-2 - / . S 5A I State Of Texas g6 o• S . rn \ ( , SOUTH-.Ato KE 6LV0CP --z LSt at e Of Texas ? C. R.3C3 State of exas ° 1. 548 AC 2 / Lechler, Gloria ETAL ('° / v — TR.3C . / - 13. 11 AC / 0-1" 273 r TR 3C1 { �� j ? .0 AC �1,' - TR 3M ��1 `- . 1.0 AC e �^►HL TR 301 TR 3 no 1 .0 AC 8.31 AC • ��' A • r ji 1 r yD-L} -� TR 30 - 1 t�: '� i .98 AC S A 1 City of Southlake,Texas a CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA92-33 REVIEW NO: ONE DATE OF REVIEW: 8/14/92 PROJECT NAME: First American Savings Branch OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: First American Savings Banc Terry R. Cunningham, A. I .A. 1903 Central Drive 1903 Central Drive Bedford, Texas 76021 Suite 401 Attn: Sam V. Akins, V.P. Bedford, Texas 76021 Phone: (817) 571-1020 Phone: (817) 354-4289 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 7/27/92 AND WE OFFER THE FOLLOWING STIPULATIONS. 'IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1 . Provide legal description of the tract, sealed by surveyor. 2 . Show zoning on lot to the North as "S-P-2-C-3" . 3 . Label both phases on the drawing. * The applicant should be aware that any revisions made prior to City Council must be received at the City by August 24, 1992 . All revised submittals should be folded 6" x 9" and include an 8 .5" x 11" reduction. * Denotes Informational Comment cc: FASB, Sam Akin, V.P. Terry L. Cunningham, A. I .A. iD-5 PII-td PRDPERTIES Um I ACRES : 4 5 P 2 • LLD..TINED USE 9'DUMMER 7Am --.., .-.---.-...-..----?-.1°12.:--...-.._i_____..____„/ , , F-77 :r rnAE LANE I iii Hr-14 is t . .. ....................... .................................... I ... ..................... .. I 193 3m•P LANE I AC G2 I . LUD MD®USE H 44WtL I ftt1ftfi h I' PROPOSED I >I RETAIL . CUILDING • IlAlbe..A1G. del W r I� I — s e TA179� -— — — oF145E 2 - T7}K A = _ • I i e *1 *ri ?i ' 1 } � L J , I I 1 /,—.1 to 11 i I o • I r- 1 v . 5 I. LOAN. ..+ I iGE 7:31i. tI� J I !!r PRIA FROP5RfIE: • I ° 444J444 tttt �,.;as i s 1Ir� pttt� Sf'2-G3 1tptttt tt 11, t - LLD.-MI:D USE 3I .i. ' Cnr 1 Rau i , ir* d�'n siIDm• 1 _ sty — triga '�vre R I f— -. J eeeuatn Na 1 — 2 tu tu Q 1 tu 94 50•.1 uLAKE eL"°' • CONCEPT PLAN — FASB SOUTI—LAKE • J21 v 110 S '.0'I'•)LI‘..-siO t).) -- ('4 N I d j .I, 15 _I:11 n -• -. 1._'-l',I il.'✓ [� 1,•1roG fli ' m tiv,... wu,[u a.rnarw�^ — — i yr :l=.a cml p^f°sue mo.alr�'�°m'0, _ _ _ _ r— ,, Vi_ S_ I r. ^ii .. '' ymtt c ' r,v,T.L..sL �;:.�:,. 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I S �� IiOWJI if M.,O.tf i �I .,..✓/ ,�(4. _ / ' �_' /W, lam_ Oil f1••O,ff[a �^ _ru.n-u .,.uun.f ar,a rL.rn.c . .� t I IRR i.RMff w 401 OtorW••OI 7 5 fJ 00:i0- TorTiltOf 60 a.v - City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY S CASE NO: ZA92-33 REVIEW NO: TWO DATE OF REVIEW: 8/27/92 PROJECT NAME: Concept Plan - First American Savings Branch OWNER/APPLICANT: ENG/PLANNER/ARCHITECT: First American Savings Banc Terry R. Cunningham, A.I .A. 1903 Central Drive 1903 Central Drive Bedford., .Texas 76021 Suite 401 Attn: Sam V. Akins , V.P. Bedford, Texas 76021 Phone: ( 817 ) 571-1020 Phone: (817) 354-4289 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 8/25/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . * We find the applicant has met all the requirements of our previous reviews . * Denotes Informational Comment cc: FASB, Sam Akin, V.P . Terry L. Cunningham, A. I .A. gyp- 7 8ITE DATA ets-V-1ART CATART Iola. ' I.--...- ....„.-. ....„.... .... PIMA PRO.IELDIE5 .... ..... .-.. • f1.1 AC.I se e....no......r.••••••• ••••••••• •••••••.•••... ...•••or 8 r 1 C.5 . ._ _ ... .... ... . LLID.•5119ED --....-- .-.•- .... —- .. II 1.01•11.•awl`_ ----.7.,.;;;:—..Z.v.:.7;•,•• .•...;-------;;— •••••• —-—_-_ 4 ___,,,Tri 7!•1.!-"_'.-:-;.....-._ .7ff._ ._••••••.'''_'__ -•._-_. ''" I : ...---.. -. --------- -—• ----- ----- i I .......... .----...-.. ....... .....-.. .-. I ,...• . . . . I • .....---. -... ..- .......*....1.....- ---.7. - .. >j ---- - - 0 i 1 •. .‘ . . . • 11.1t1PRE re:144. 30156e Sx -i-- ____________ i.1 , ''• . . . • . • 1 •"......".... ...• •••••• ..... -.. .F . I DE•IFIIAl NOICS :-D i I .. . . . . 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V) , I 1 tr. CONCEPT PLAN - FASE3 SOUTI-IL AKE 1 i [,)- - DATE ern -••I i••1.••••• JUL•71.9391 tes •9 1...n.-"--4"--1.----) .44-' , FIRST AMERICAN EAvl'I,23.5 BANC.: I ..-If•••, •• ek 1?, 3 CENTR.4L G-RIVE tlErccr..r..TE,AF.. ic,(721 SHEET .t "- CF. I " ..... . . . .... dk -e ., City of Southlake,Texas ME M O RAN D'U M August 21, 1992 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 92-34 Site Plan Approval/"S-P-2" District REQUESTED ACTION: Site Plan approval for a 1.05 acre site, being a portion of a larger 4.884 acre known as Tract 1C3 situated in the Little Berry G. Hall Survey, Abstract No. 686. LOCATION: 222 W. Southlake Blvd. , being approximately 60.0 feet West _of the intersection of North White Chapel Blvd. and West Southlake Blvd. OWNER/APPLICANT: Firs ican Savings Banc CURRENT ZONING: "S-P-2" with certain "C-3" uses BACKGROUND INFO. : The applicant proposes a , 25 . ft. two-story structure to be used as a branch bank facility for First American Savings Banc and as offices for a title company. , These proposed uses are in compliance with the previously approved "S-P-2" zoning. To date, there have been no variances requested for this site plan. LAND USE CATEGORY: Mixed Use NO. NOTICES SENT: Five (5) RESPONSES: None P & Z ACTION: August 20, 1992; Approved (7-0) subject to the Plan Review Summary dated August 14, 1992. STAFF COMMENTS: Attached please find the Second Plan Review Summary dated August 27,. 1992. KPG • CITY OF SOUTHLAKE 04/02/91 SITE PLAN- APPLICATION TITLE OF SITE PLAN: FIRST AMERICAN SAVINGS SOUTHLAKE BRANCH SUBDIVISION SITE PLAN IS IN: LOT: BLOCK: ZF, 3+ APPLICANT OWNER (if different) NAME: FIRST AMERICAN SAVINGS ADDREss: 1903 CENTRAL DRIVE BEDFORD, TEXAS 76021 PHONE: 817-571-1020 I hereby certify that this site plan is in conformance with the requirements of Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it may be necessary to be present at the applicable Planning and Zoning Commission and City Council meetings • to represent the enclosed request and address any unresolved issues. Signed: i��-\•,.,�,� I �� /%v�/.r V I t Oite4 Date: JULY 27, 1992 For City Use Only: I hereby acknowledge receipt of the site plan application and the application fee in the amount of $ I on this the !— day of T�`f ;i , 19 iQ. � ' . v Title: ''-)n Gtd.il.t;2 l %l:a 'The following checklist is a partial summary of site plan requirements required by the City of Southlake. The applicant should further refer to Zoning Ordinances No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this site plan submittal. Shown Not On Plan Applic. Acceptable scale: 1"=20' , 1"=40' , 1"=100' or as approved (ALL). North arrow, graphic & written scale in close proximity (ALL) Small scale location map shown (ALL) Title includes appropriate title, (i.e. "Site Plan," "Development Site Plan," etc. ) , name of development or platted lot and block designation, City, County and State, date of preparation (ALL) Name and address of owner. (ALL) Name, address and phone of firm preparing the site plan. (ALL) Metes and bounds labeled on property boundary. (ALL) R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street- widths shown;. (ALL): .. Adjacent property labeled with owner's name, existing zoning, land use map designation. (ALL) • The width and type of proposed bufferyard must be labeled. (ALL) Designation of the location and size of all points of ingress/egress to the site. (ALL) All pedestrian walks, malls and open areas for use by tenants or the public. (ALL) The location, type and height of all walls, fences, and screening devices. (ALL) gE- Z City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-34 REVIEW NO: ONE DATE OF REVIEW: 08/14/92 PROJECT NAME: First American Savings Branch OWNER/APPLICANT: ENG/SURVEYOR: First American Savings Branch Terry R. Cunningham, AIA 1903 Central Drive 1903 Central Drive Bedford, Texas 76021 Suite 401 Attn: Sam V. Akins, V.P. Bedford, Texas 76021 Phone: ( 817) 571-1020 Phone: (817) 654-4289 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 07/27/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Add the following note: "All structures will meet the requirements of the masonry ordinance. " 2 . Front building line should be 50 ' . 3 . Label all landscaped areas . ( 4 . Label all future and existing utility, drainage and ,common access easements on or adjacent to the site. 5 . Provide a 25 ' curb radii along the fire lane. 6 . In site data summary chart, delete the "Phase 2" and "Total" columns which are not applicable to this request. 7 . Reposition the dumpster to facilitate ease of disposal. 8 . Label the L.U.D. on the adjacent property to the east and north. 9 . Our calculations show the bufferyard total area to be approximately 800 sq. ft. less than the number shown. 10 . Label the westernmost drive as a fire lane. 11. Label the-future uture : commo.n_drive.:.. m. the northeast corner. 12 . The grade on this site must be lowered sufficient to allow the surface drainage from the north to flow through this site. * This lot must be platted prior to issuance of a building permit. The entire 4 . 88 acres must be included in a Preliminary Plat in order to divide the smaller tract out. A drainage study will be required with the platting. This will impact the determination of the final grades . Ve-.3 City of Southlake,Texas An offsite common access easement- must be filed by plat or separate instrument for the drive access in the southwest corner. * All signs and culverts must be permitted separately. proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. • The applicant should be aware that any revisions made prior to City Council must be received at the City by August 24, 1992 . All revised submittals should be folded 6" x 9" and include an 8.5" x 11" reduction. * Denotes Informational Comment cc: FASB, Sam V. Akins, V.P. Terry L. Cunningham, A. I.A. gregform/site92.34 , } „1 • SITE DATA 61.1-t1ARY CHART 3 Inn 1,4.5E 1 MAAE 7 TOTAL -.- , raloroeED = - . _,.IGe C S . .,� S e.f.E4•-GG eU1LDNG __ �- 3 - -_- L. 1-t- _`M. ii�,[=tlSOty 1- y•L =21- ...-.. ..- _-- -_ W- .-t i 1 �� '1'ma 1 ---�`` - '0¢1CAt-.•Ne;ErGL. _ I I y A 11 I I I I ...�.v�� - .--' ... (.1 F9Q-" 7 ...�•aa • �- -�- x i 4. !1 ... Z +li I "..."'l e' II;1 • . 1 rE.ER:L NOTEe ' 9 1 Y 1 -._. /' 3 e I, iv � 1 1 Ex1enK.L..O-..0E l0 r1ANT V 71MOPOeED LUD a ninED..0E ?rw.atE II 6 / /_tli . 1 YA'r' e i 1 NO err+rK.wr,IEEe e.le.o W rM ene U Jt 1 AraoroecD urlLlt Kr o•Ncw•w K x F vI __ w 4l..Gx i nit•Yl IVAIxO rluc or ELI\ ..0 r 7 YY CI uEEi I I J r I,r, -_-f (.1...,•` vii7 .\- 4—tl CO.0 I Q ; 1 - CptilYutTwN a 1-' i[ II 7]r, al S' `� mg WALK;I Qi U CC Thrl - i d"` .LOII 1W \ Ifl-� A IIN I acL.s� � � . 1 c.ger rew rraprEpTlEi FL., C 4 ... AER1C.ut "'Ira 13 1 e.nKd I • \\ rl4 Ei N rr e�ut - MJ•cs ril lia � N� /•me• 1 =I ge•.bT• C. HIND WE 1 o U V-� it 1i w ,�-1 M` 'le &I •aggi�;7i i il L: e , .. Ir, I 1 aIT'E _ _ rav.a(a+m-ea'I ti $. Abb.__ _ i--root r;Rm 1? 0..00 V II a[s _.egg" E lrrt8- ,-netEE'- 0 ON 1 V4,1 T._ J K' I ter.---._�"' E:sEr'E. .M �� ,. JiLLITY _ - -� __//1 Cn .! I .lit if ;7 ---_- I-D Z.7 ` Cy W ' ,NiO OW.E.O ��'-- �M -1 mu_•.1.41....9E ram- -- L.T,o-- . ---------- ,E��-� .--�� - ;:,.t-:,:: . as --- '1L & —=-J^C -_ J .--- __- - --- . �� r a E. :PO • y N "Ilya~ 4 l" vt, n.n.oil _ ��_� -- swT� \,,.,ry,.o,, r:9-4 a.°°stLT> F s I _ . -- LOCATION PLAN E 1 a _1 1 1.01 SITE PLAN I• `"' 9•E * DATE 1••30' r....l.r +..ION-• ..us'+..p . t ... L a*[ FIRST AMERICAN SAVINGS BAND 1SO3 CENTRAL DRIVE SHEET ,..n. .L-.••••,+—w...--.+.r ..I. , 0 :O IC Lo nO ':O •'�a BEGFORG,TEXAS 16071 8P 1 --,-- -. i . • EMU<C.AI-NE,-0M , L F FIBER C.LAS 3...GLEE. < I.-.6 I i weail)conRO SIDING ] < i 1 1 NARD BOARCT MAN ni---I-SEAMLESS OuTTER X --...-- Num • - 1, .— -.4.-..__ m m 11.7_7•4- 'A.'k.S.17,,.......2-22.L2,...P.LL1 ill III ‘.. .1 '..."- .... .-1-‘,- v45.---z16111", e ';'2.442.1.7. -4- ,14 r:/-...,-7,r.',"-s1-,- --`,7-• . 7.•.- •"*.t.a -,-4.t.--.1' Z wool,COLI.PN6 PRECAST CONCRETE FACE MCA NELLATED WOOD ATKDOW6 (..) i TELLER ELINDOW ectowas ...RD PLASTIC 0.1iTTERS 2.04 NORTH ELEvATION 14 >. t: IX z C4 U 41 X i C-• -s - CR:Z METAL CAP MAL CAP iLt# ...- —. ro ,- -..CATIMIET PRICK CTAMET ; I .... .'. STEETMETAL FLASHING OREETMETAL PLAISTINC• ..v=v. 0 ...... . ...-... ...,,..n mARD BOARD SioNC. HARD WARD 15.0.1C. • .----6- -, -_,,,J113„,--, r v.„-::, ..„, Z HARD BOALRO TR., ,..: Hi =., 144P BOARD TIM .4. FACE PRICK ,,0111111.11M==. FICER GLAP&ANGLES al _ S.INGLES -P.-Y.-, 41.,:,, SEAMLESS GUTTER .,„,.,--..--r--„77.-----.<-,r.-.4,• ,,,--.,4.,,- _ _ _ c-SEAMLESS CAATTER (....) ,, ., ,. .."-. -. .44 4-WOOD COLLMNS IIII I I :i112111-R4111111- VIIIIII ni - --. .-"" I ..' '.. MM. te WDOo courtas-i•-• In jrAVL. lull ,:. 4 I $ 1-4 1 11111I ,M,,,,1 HIM r-, 4"_111111 4111 5- „.,..„_. 1...E ,..-, .....,.1 ,..._ ,;,,,,,,,,,v.,!, Ira I :.,., ....!..,,..„, . . . ,_PRECAST CONCRETE s4., _,„... I INSULATED 41000 WINDOWS INSULATED WOO ILINDOYS (1)r 203 UJEST ELEvATION 2.02 EAST ELEVATION Zen 0 U)g cn > Z ° 41 <4 METAL CAP 33-Z.TOTAL T.EIC.LITN i 0 S•-.,_BRICK C.LIMET f--FIDER GLAO 914INGLE5 41 28 I.UPPER ROOF CROLAH i I 4,t I I a, (--• ,....,_ ..--._ al ......,-,_ _......_ cn . n SEAMLESS GUTTER I 'Mil MI'—L LAARD POLLKD 5,0.C. X M III 2 o wtr-E•a ced_j•qc. / IAI 1.11 J1 I -• 4. ,2 2.-,,,,c,Lqc. - iitilS.IF1"T-..:rHII I IA1U-..r...41„11,.-.• FI:Ir, . -.uW.—. ..'. .-1 r;*r•,pA'-aEfl 1...-i.=V'tI._i.r'''=f.t..,t.1-c:,.r v-_iLi.I iIiIiI-_r----',w.1.1.._13..-1 Je.C-.w.I f_.°-riW..i.'ii ----,_-_BLI'AEDAAOcMCEL EBCB.OBLC(L.A'A(T. M..9E R JUDATE LOOS L 29 2 Tmt HARP PLASTIC SKAT r MRS '-N5TE.ATED 2000 WINDOM!. SULAM°11000 4100041.6 201 SOUTH ELEvATION •ENTRY DOOR) SHEET A 2 - - - - — City of Southlake,Texas SITE PLAN REVIEW SUMMARY CASE NO: ZA 92-34 REVIEW NO: TWO DATE OF REVIEW: 08/27/92 PROJECT NAME: Site Plan - First American Savinas Branch OWNER/APPLICANT: ENG/SURVEYOR: First American Savinas Branch Terry R. Cunningham, AIA 1903 Central Drive 1903 Central Drive Bedford, Texas 76021 Suite 401 Attn: Sam V. Akins, V.P. Bedford, Texas 76021 Phone: ( 817 ) 571-1020 Phone: (817) 654-4289 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY ON 08/25/92 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Label the L.U.D. on the adjacent property to the west and north. 2 . Our calculations show the bufferyard total area to be approximately 800 sq. ft. less than the number shown. 3 . Label the future common drive in the northeast corner. i I * This lot must be platted prior to issuance of a building permit. The entire 4 . 88 acres must be included in a Preliminary Plat in order to divide the smaller tract out. A drainage study will be required with the platting. This will impact the determination of the final grades . * An offsite common access easement must be filed by plat or • separate instrument for the drive access in the southwest corner. * All signs and culverts must be permitted separately. proposed improvements within State R.O.W. will require SDHPT approval prior to issuance of a building permit. * Denotes Informational Comment cc : FASB, Sam V. Akins , V.P . Terry L. Cunningham, A. I .A. Q 7