1991-10-15 CC Packet City of Southlake,Texas
M E M O R A N D U M
October 11, 1991
TO: Honorable Mayor and Members of City Council
FROM: Curtis E. Hawk, City Manager
SUBJECT: Agenda Item Comments and Other Items of Interest
CityCouncil- -
-Meeting
---------- - --------------------
1. Agenda Item No 1 . Executive Session. Sivey
Lawsuit. We have received a settlement offer in the
Sivey lawsuit. William Forteith of Walter Davis and
Associates, attorney employed to represent the
interests of the"City at the request of CIGNA, our
insurance company at the time of the accident, will
explain the settlement offer to you during executive
session.
2 . Agenda item No. 5. Note the two items for which we
are requesting to advertise for bids are included in
the budget.
3. Agenda Item No 7A Second reading and public hearing
on Ordinance No 480-59 (ZA91-52) , request for zoning
change and development site plan approval. There have
been no changes since first reading.
4 . Agenda Item No 8B Landscape Ordinance._ This item
will need to be tabled until the November 5 Council
meeting. Hopefully P & Z will complete its review and
forward a recommendation by then.
5. Agenda Item No. 8B Ordinance No. 545, Burning
Permits. First Reading. This ordinance replaces the
existing Ordinance, No. 162, which was passed and
amended in 1969 . Note that the proposed Ordnance No.
545 requires a permit for all outdoor burning, whereas
the existing ordinance requires a permit only for
burning on public property. By practice, the City has
required a permit for outdoor burning of any kind. We
discovered in our review of ordinances that the
practice is not authorized. Other wording problems
with the existing ordinance prompted us to propose a
new ordinance.
Note that Section 1 of the proposed ordinance provides
I
that City Council, may by separate ordinance or
resolution, establish a fee for the permit. Currently
no fee is assessed for the permit.
Please call Director Campbell if you have any questions
concerning this item.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 11, 1991
Page 2
6 . Agenda Item No 8C Ordinance No 547 , 1st Reading on
Updated Service Credits . By doing this each year it
will reduce the impact on any given year' s contribution
rate. There will be no added impact on the current
rate beyond what is budgeted.
Please contact Finance Director Lou Ann Heath should
you have any questions on this item.
7 . Agenda Item No 8D Ordinance No 548. First Reading.
Retirement Contribution Rate. The Council approved an
increase in the City's retirement contribution rate
with the adoption of the 91-92 Annual Budget. The
ordinance is required by the TMRS.
8. Agenda Item No 10A. Participation in Keep America
Beautiful Program. During the budget work sessions a
presentation was made to City Council concerning
participation in the KAB program by Bob Mundlin. The
consensus of the City Council during the budget
presentation was to direct staff to look at funding the
Southlake participation through proceeds from the
recycling program, rather than to budget specifically
in the General Fund.
The recycling program is generating approximately
$500/month revenue to the City. For a City in our size
bracket, there is a one-time certification fee of $850
and an annual program service fee of $85. There is
also the cost of training the 3- to 4-member KAB team
members. During the budget work sessions we told City
Council that the next available training sessions would
be in North Carolina. It now appears that there will
be a training session in the metroplex in the near
future.
My experience with the program in other cities is that
for a small expenditure we can have a significant
return. I support the concept and recommend you
consider the City' s participation.
9 . Agenda Item No 10B Agreement for utility billing
audit. The audit agreement is similar to the contract
we entered with City Research Services in 1989 to audit
our sales tax receipts . The sales tax audit resulted
in a net return of $9,562 .88 to the City.
Although the 60% fee sounds high on the surface, any
revenue the audit generates will be lost without the
audit. Staff does not have the time to conduct such an
audit.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 11, 1991
Page 3
Should City Council choose to undertake the utility
audit, a motion authorizing the Mayor or City Manager
to enter the agreement on behalf of the City is in
order.
10. Agenda Item No 11A Sign Ordinance. Attached
hereto is a letter from Wayne Olson reference the sign
ordinance. The letter is included to give you an
overview of the concerns of the attorneys, particularly
since there has been case law involving first amendment
rights . The references to page numbers in the letter
do not always coincide with the latest draft, but the
subject is readily identifiable.
11 . Weed Lien Ordinance. This ordinance is a follow-up
to the discussion we had with City Council July 9th.
The proposed ordinance reflects changes necessary due
to statutory amendments in the last legislative
session. Following is a list of changes from the June
1991 version:
1) provision for separate requirements for large
tracts. Two options were discussed with City
Council . The provision contained in Section 2 for
large tracts was selected because it appears
easier to enforce. To refresh your memory, both
options are attached to the ordinance.
2) in Section 5, notice provisions were changed for
those whom personal service is not available.
These changes were based upon amendments to
Section 342 . 006(b) of the Health and Safety Code
in this past legislative session. Basically, the
ordinance now provides that if personal service is
not available, the City may either publish the
notice twice within ten days, or post notice upon
the door of each building upon the property, or
post notice on a placard attached to a stake
driven into the ground on the property to which
the violation relates .
Section 5 allows the City to mow and place a lien
upon the property to recover reasonable costs of
mowing, after 10 days notice.
In order to issue a citation, no notice is
required by statute. Our ordinance is more
restrictive. If included in the ordinance, the
notice requirement must be followed.
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 11, 1991
Page 4
3) in Section 7, the City may file a complaint in
municipal court with only one notice during any
one growing season for violations on any
individual property.
12 . Agenda Item 11C City Council Procedures. We have
discussed the issue of City Council procedures at
various times over the last three years . The memo from
Chris Terry points out the discrepancies between our
practice and the ordinance adopted in 1985 and amended
in 1987 . This item is only intended as a starting
point to assist you in developing a new set of
procedures.
The attached excerpt is from a handout by Gary Halter,
a Texas A&M professor and College Station
Councilmember, at the last TML Leadership Institute for
Mayors and Councilmembers, as well as last year' s TML
Conference.
13 . Agenda Item No 11D We still have a number of people
in Continental Park Estates who have not vet connected
to the sewer system. In July we sent a letter to each
individual property owner not connected and told them
we would begin enforcing the ordinance beginning
Friday, November 1, 1991 (copy attached) . We will
begin enforcement unless you direct us otherwise.
Alan Murawski is one of those not connected.
14 . Our franchise agreement with SW Bell terminates in
January, 1992 . City and SWB staff have been discussing
the new uniform agreement proposed by SW Bell for
several months . Gary Terry of SW Bell will be present
to discuss Bell's position. He will be at the Roanoke
City Council meeting earlier, so he may be late in
arriving. If he comes earlier, we could perhaps move
him up ahead of 11A, etc.
OTHER ITEMS OF INTEREST
15 . The Stanhope Addition ( 14 one-acre lots) on Highland
Drive west of Kimball, being developed by David Hardy,
has reached an impasse pertaining to an offstreet
drainage easement needed downstream across property
owned by Joe Moore. Improvements to the culvert under
Highland will require grading on Mr. Moore' s property
in order to adequately drain. There currently is not a
dedicated easement necessary for this improvement.
Section 6 . 05-A out of the Drainage Ordinance No. 482
reads as follows :
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 11, 1991
Page 5
"Any necessary easements not dedicated by platting
shall be procured by separate instrument and shall
be the developer or property owner' s
responsibility. If the developer or property
owner cannot obtain a required off-site easement,
then the developer or property owner may request
that the City assist in the acquisition. The
developer must make an offer in writing, based on
the fair market value of the easement, to the
property owner from whom the easement is being
acquired. In any event, all costs of obtaining
the easement shall be the responsibility of the
developer or property owner and the City must be
reimbursed for any costs incurred. "
Mr. Hardy has contacted the City to solicit our help in
acquiring this easement. Staff will be available to
discuss this item in the Executive Session as a part of
land acquisition should you so desire.
16 . Questions concerning impact fees and C. I .S.D. Some
of you may have received inquiries from citizens as to
why the City does not impose an impact fee on new
development for the schools . Chapter 395 of the Local
Government Code (LGC) grants the authority to enact
impact fees. The LGC clearly states that unless
specifically authorized by Chapter 395 or elsewhere
in state law, a governmental entity or political
subdivision may not enact or impose an impact fee.
An impact fee is defined by the LGC as " . . .a charge or
assessment imposed by a political subdivision against
new development in order to generate revenue for
funding or recouping the costs of capital improvements
or facility expansions necessitated by and attributable
to the new development. " The law defines capital
improvement and facility expansion. Neither allows for
impact fees other than those related to water,
wastewater, stormwater, streets, etc. The LGC
specifically exempts park and r.o.w. dedication from
the definition of impact fees, thus allowing cities to
charge for these separately. Impact fees for school
facilities are not specifically authorized, thus
prohibited.
17 . Flu Shots for employees . Over the last several weeks
we have had an inordinate number of Public Safety
employees out sick with flu-like symptoms. We have
heard reports that the number of flu cases is expected
to be high this year. We arranged for Southlake
Medical Clinic (the City' s official health officer is
Dr. Ansohn with the clinic) to provide a flu shot to
Honorable Mayor and Members of City Council
Agenda Item Comments and Other Items of Interest
October 11, 1991
Page 6
any employee who wants one, free of charge to the
employee. The clinic will bill the City only for the
cost of the shot, $4 each. Approximately 45 employees
have asked to have a shot. We will pay for the shots
from our "employee physical" line item. So far,
approximately 20 have received the shot.
18 . Follow-up on discussion concerning payment bonds and
performance bonds. Several Councilmembers have
requested more information concerning these
requirements in the developers agreement. Attached is
a copy of the minutes of the February 5, 1991, Council
meeting, my letter of February 1, 1991, concerning the
agenda item, Wayne Olson's February 1, 1991 letter to
Council, and an October 9, 1991, letter from Wayne
Olson.
There was no discussion during the February 5th meeting
itself, other than the motion, but there was a
discussion during work session. Joe Wright arguedthat
the bonds were not needed since Monticello would not be
requesting a building permit until after the
subdivision was accepted.
Note in Wayne's current memo that he still says the law
does not absolutely require the bonds, but that there
is a sizeable risk if the bonds aren't required.
CEH/kb
_ sty Council
1991utes
�pruary
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nda items #20 Continued
,bbie Farrier, 1336 Glen Cove, Cross Timber Hills . Mrs. Farrier
...Led she appreciates the people who have moved into SouthRidge
_ makes Addition and say that this the people hone. When Peytonvil Mr. Randall
he ddid
=. that he has talked Pe P
_ - talkt o Xr. Farrier, but not to any otncerher property owners on
~ytonv n 1pe that she
a isS aware
expressed She
ex. most Dressedofo this isabout
the
ttees o Yt
at
tbe game plan has changed.
Kayor Fickes stated that we will consider this in the future,
` - biter discussions with the developers and city staff have taken
Place.
enda Item #21 Developers A reement/Konticello Estates
the Developers Agreement for Monticello Estates was discussed.
.--; = Larry Cole, developer, was present to answer questions for Council.
Nike Barnes, Director of Public Works, explained that item #6 in
the agreement in reference to Payment/Performance Bonds was
discussed. The developer is asking not to comply with this
requirement as he is not going to be applying for Building Permits
prior to completion of the addition. A discussion was held in
regard to the pro-rata park fee. With 54 lots @$500 per lot, the
' �- - total is $27,000. He is asking for a 50% credit.
Larry Cole, 4108 Greenway Court, Colleyville. Mr. Cole discussed
the conditions involving the statue of Thomas Jefferson to be
*rected at the entrance in Monticello. A copy of the
specifications is attached to the minutes .
_
It was noted that because of the large amount of acreage used as
open space, plus the cost of improving that area, Council felt that
this is sufficient to allow the maximum amount of credit.
Notion was made to approve the Developers Agreement for Monticello
subject to 50% credit park dedication; waiver of payment for
performance bonds; pro -rata sewer and perimeter road fee.
Notion: Wilhelm
r3 Second: Springer
;-
=M ; Ayes: Wilhelm, Springer, Hall, Evans, Farrier
►. # Mays: None
Approved: 5-0 vote
Benda Item #22, Contract for Vendor Services/Scoreboard for Park
Mike Barnes, Director of Public Works, stated that the Park and
Recreation Board recommends the City Council authorize a
contractual agreement with Dr. Pepper Corporation for Soft Drink
Vendor and Electric Scoreboards for Bicentennial Park.
f4
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_
Honorable Mayor and Members of City Council
February 1, 1991 -
Page 2
4. Agenda Item No. 9. Additional Cit Hall
Renovations. Given the result-sol .-__e and proposals,
it becomes imperative that we look closely at more
effective utilization of this building. The additional
cost, over and above the remainder of the contract
obligation funds, would come from the funds set aside
in the budget for infrastructure improvements.
Note: To reference these funds, see page 7 and page 90
in the current budget. We set aside $376 ,288 for the
infrastructure improvements. We designated $122,907
toward identified projects (our share of CPE project; a
portion of the White Chapel bridge) . The balance of
$253 ,381 is intended for use toward projects that are
identified during the year, at City Council discretion.
5. Agenda tem No.
explain Lone StarGasnpeansnforson will appear to
service
improvements in Southlake.
6. A ends Item No. 19. SouthView Median Revisions. This
will be a convoluted issue. The last word we have from
the Postal Service is, since Carroll will be a
potential boulevard street, they need access to
SouthView.
7. Agenda Item No 21. Monticello Developer' s
Agreement. Note the requirement for a performance
bond in section IC of the agreement (pg. 21-6 of agenda
packet) . There is a possibility that the developer may
request that this provision be removed. Attached
hereto is a letter from Wayne Olson pointing out our
concerns legally. There is no case law on this matter,
but the risk is apparent.
8. A enda Item No 25 Contract with County for Street
Reconstruction. Note that Mike Barnes, Public Worxs
Director, has suggested that we might want to consider
adding additional base material to the projects. This
would perhaps reduce the deterioration problems we
experienced with South Carroll and North Kimball.
Should you dbelde to taken fromothee the infrastructurelreservethe
funds would
discussed in item 4 (Agenda Item No. 9) above.
9. Agenda Item No. 29. Land Acquisition. We need to
consider the Johnson Road site this meeting. As
mentioned previously, we have the money to purchase the
land should you so decide. We will have a handout to
explain the funding possibility.
FIELDING, BARRM & TAYLOR
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CARvAN E.ADmNs ATPORNEYS DwAYNE D. rc
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CAROL Arne CARSON TELEPHONE(817)56U-03O3 WAYNE K- H.MOILOY
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*BOARD C ERTIRED PERSONAL DUURY TRIAL LAW— P.WAGNER
BOARD OF LEGAL SPECIALIZA71ON **BOARD Cy1anmD crim APPELLATE LAw—
C IM TRIAL SPECIALIST— TEXAS BOARD OF LEGAL SPEC LAL17ATION
NA73ONAL BOARD OFMAL ADVOCACY October 9, 1991
OCT 101991
Honorable Mayor Gary Fickes and
Members of the City Council OFFICE OF
City of Southlake C .. SECRETARY�L
667 North Carroll Avenue
Southlake, Texas 76092
Re: Payment of Performance Bonds Under Developer Agreements
Dear Mayor and Council Members:
As a follow up to our meeting last Tuesday night at which the
Council approved a Developer's Agreement for the Timarron
subdivision, I have done some additional research regarding the
requirement for a payment and performance bond under a Developer
Agreement. I am attaching to this letter an opinion dated February
1, 1991, which was previously presented to the Council in its
February 5, 1991 Council packet. I would suggest that you first
review this February 1st letter to acquire some background
information relative to this subject matter.
As I indicated to the Council at your meeting, there is no
case law in Texas directly on point. The ultimate issue to be
resolved is whether a Developer's Agreement providing for the
construction of streets, drainage, sewer, water and other public
infrastructure in a platted subdivision is considered to be a
formal contract in excess of $25,000.00 for the prosecution or
completion of any public work. If these types of improvements are
considered to be public works then Texas case law clearly requires
that the City provide for the issuance of a payment and performance
bond which meet the requirements of Article 5160. City of Corpus
Christi v Heldenfels Brothers, Inc. , 802 S.W.2d 35 (Tex.App. -
Corpus Christi, 1990 writ granted) ; City of Corpus Christi v. Acme
Mechanical Contractors, Inc. , 736 S.W. 2d 894 (Tex.App. - Corpus
Christi, 1987 writ denied) . Both of these cases involved
subcontractors who were nQJ paid by the Cit 's ontractor for wo k
performed in connection with a construction of a new recreation
ter for the C f s Christ' . In the Heldenfels case, the
Court in res ingly noted that even though there was a statutory
mandate that the City require the execution of a payment bond to
protect the subcontractors, the failure to do so would not impose
any tort or contractual liability on the City. I should point out,
however, that the Heldenfels court was interpreting the pre-1989
Mayor and Councilmembers
October 9, 1991
Page 2
version of Article 5160. Article 5160 was amended by the
legislature in 1989 to specifically provide that if the
municipality fails to obtain a payment bond in compliance with the
Act, the city is subject to the same liability as that of a surety
who had issued a valid bond if the City had complied with the Act.
Art. 5160 A. (b) . In addition, the revised statute provides that
a subcontractor is entitled to a lien on funds due the prime
contractor in the same manner and to the same extent as if the
contract were subject to Subchapter J, Chapter 53 of the Texas
Property Code. Article 5160 applies to public works contracts in
excess of $25, 000; conversely, Section 53.231 of the Property Code
covers contracts for public improvements that are for an amount of
less than $25, 000.00. This Section authorizes a subcontractor who
furnishes material or labor to obtain a lien on the money, bonds
or warrants due to the contractor for the public improvements.
Therefore, a subcontractor on a public works project of less than
$25, 000 may obtain a lien on any monies owing to the prime
contractor, whereas a subcontractor on a public works project which
is in excess of $25,000. 00 is protected by a payment bond. In the
event that the bond is not properly required by the City, a
subcontractor would then be able to attach the same type of lien
as authorized under Chapter 53 of the Property' Code. Please note
that the lien oral applies to the funds or s due and o ' t
the contractor�icp�r;o:perty.
a Ci y. It does not allow t e placement of
a ien on pu See, Section 53.022, Texas Property
Code; Cameron County Savings Ass'n. v. Cornett Construction Co. ,
712 S.W.2d 580 (Tex.App. - Corpus Christi 1986, no writ) . The
subcontractor could, however, place a lien on the abutting lots
which are owned by the developer under Chapter 53 .
Although there are no cases directly on point regarding the
applicability of Article 5160 to the construction of public streets
pursuant to a Developer's Agreement, construction of streets in
other contexts has clearly been interpreted as being a construction
of public works. See, Trinity Universal Insurance Co. v.
McLaughlin, 373 S.W.2d 66 (Tex.Civ.App. - Austin 1963, writ ref'd
n.r.e. ) . The McLaughlin case discussed the relationship of Article
5160 to other special statutes applicable to the construction of
streets. It noted that all statutes, including Article 5160, which
were enacted to protect furnishers of labor and materials on public
works should be construed to be in pari materia and therefore
should be harmonized with each other. There are several state
statutes which specifically require performance bonds or retainage
of certain dollar amounts under the contract whenever the
construction of public streets is involved. The McLaughlin court
treated these statutes as being limited exceptions to the bonding
requirements of Article 5160. In other words, in the absence of
a specific statutory exception, Article 5160 would require a
payment and performance bond for the construction of public
streets.
Mayor and Councilmembers
October 9, 1991
Page 3
The other issue raised by the Timarron representatives was
that the actual construction of streets should be deemed to be
construction of private property since, at the time of
construction, the streets have not been accepted by the City.
Timarron even suggested that they would not file the plat until
construction was substantially completed and at that time they
would file the necessary performance and payment bonds with the
City for any remaining construction. In Texas, the dedication of
a street on a plat is binding upon the owner of the property until
the dedication is officially withdrawn pursuant to Chapter 212 of
the Local Government Code. Priolo ve City of Dallas, 257 S.W.2d
947 (Tex.Civ.App. - Dallas 1953, writ ref'd n.r.e. ) . This
procedure basically entails the filing of a replat and the vacating
of the dedicated streets by ordinance. However, a dedication is
not effective if the plat is never filed of record. Therefore,
even though the City Council approves a final plat of Timarron,
unless the plat is filed there has been no formal offer to dedicate
the public streets to the public. I question whether the City
should allow a developer to hold a final plat for filing once it
has been formally approved by the City Council. I would suggest
that a better procedure is to have City staff file a plat upon
approval. Irrespective of the specific issue before us today, the
holding of an approved plat can cause numerous development problems
and questions in the future. I also question whether the City
should authorize the construction of streets prior to the filing
of the plat. The streets technically do not exist until the plat
is filed and their construction would be premature whether or not
they are deemed to be public or private. In the event this
scenario was utilized by Timarron or other developers however, and
in the event that subcontractors involved in the construction of
the streets and other public improvements were not paid as provided
in their contract with the developer, the City would have no choice
but to take the position that the streets had not been dedicated
to the City and were indeed private and, therefore. the City was
not liable for any monies due and owing to the subcontractors.
Under this scenario, the sub would be allowed to place a Mechanic's
Lien on the "streets" if he complied with all of the requirements
of Chapter 53 of the Property Code. The City might not be in a
position to prevent the filing of such a lien even though the
ultimate intent of the City is to receive these streets as public
improvements. Even assuming that all construction took place and
was properly completed prior to dedication and acceptance of the
streets, the City would need to adopt a formal procedure to insure
that any liens that might have been filed were properly removed.
Further, any indemnification or other assurances given by the
developer would cost the City time and expense to enforce, even
assuming that the developer was still around at that time.
Mayor and Councilmembers
October 9, 1991
Page 4
As requested by the Council, we contacted several cities in
Texas to determine what their policy is regarding the construction
of public streets pursuant to a developer's agreement. Closest to
home, the City of Fort Worth requires the execution of a
performance and payment bond in the full amount of the contract in
accordance with Article 5160. In lieu of providing these bonds,
the City will accept a Letter of Credit or a cash deposit for the
full amount of the contract. The City of Austin requires payment
and performance bonds for construction under a developer's
agreement which is in excess of $100,000. This requirement is
enforced under Section 252.044 of the Competitive Bidding Statutes,
which requires the execution of performance bonds on public works
contracts requiring an expenditure in excess of $100, 000. The City
of Dallas has apparently been involved in several lawsuits
regarding bonding requirements for developer let contracts, and has
taken the position in the past that Article 5160 should not be
applicable to the construction of public streets by developers
because a street should be considered private until it is accepted
by the City. None of these lawsuits have been appealed, so there
is no case law which has been made on this point. The Dallas City
Attorney in charge of public works contracts stated that he now has
a concern, however, that the amendments to Article 5160 which make
the City liable for payments to subcontractors under public works
construction contracts is too risky for the City not to require
payment and performance bonds. Therefore, the City of Dallas has
adopted a policy of requiring payment and performance bonds for all
private developer agreements regardless of the value of the
improvements. The City of Dallas does not allow for any alternate
security, such as a letter of credit or cash, to be used and
strictly requires that the bonds be filed by the developer.
We also checked with the Texas Municipal League to see if they
had rendered an opinion regarding this subject matter. TML stated
that they had not specifically addressed the subject matter and
acknowledged that it was a legitimate issue which would probably
be addressed by the courts someday. The October edition of the TML
Magazine is going to have some legal question and answer discussion
relative to Article 5160, but apparently it does not touch upon the
specific question we are addressing.
In conclusion, a logical argument can be made in support of
Timarron's position that the construction of streets within a
subdivision should be deemed construction of private improvements
until such time as the improvements are completed and they are
accepted by the City. Under this theory, the strict bonding
requirements of Article 5160 would not be applicable. The
subcontractor involved in the construction of the streets could
place a lien on the streets, and the City would theoretically
(taw refuse to accept the streets until the lien is released. It is my
opinion, however, that the City can almost guarantee being made a
Mayor and Councilmembers
October 9, 1991
Page 5
party to a lawsuit by a subcontractor who is not paid by a
developer for the labor and materials which he has put into the
construction of a street. Any competent attorney representing a
subcontractor in a lawsuit against the prime contractor for non-
payment of funds is most certainly going to name the City as a
defendant under the theory that the construction of improvements
within right-of-way which has been dedicated to the City should be
deemed to be a construction of public works, and that a developer's
agreement executed to ensure the construction thereof would fall
within the strict requirements of Article 5160. Even if we are
able to prevail in court that Article 5160 is not applicable, the
City will incur expense in having to defend the lawsuit. The more
prudent approach would be for the City to require payment and
performance bonds on all contracts for improvements in excess of
$25,000. However, if the Council is inclined to waive the bonding
requirements in all developer's agreements, we are prepared to
defend the City.
I trust that I have adequately answered your inquiry. If you
have any questions, please let me know.
Very truly yours,
Wayne K. Olson
WKO/kb
Enclosure
slake\ltr\5160.opi
cc: Curtis Hawk
Mike Barnes
rEUING , HRKKE I I I tL
t
February 1, 1991
Mr, Curtis Hawk
City Manager
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Re: Construction of Streets by Developers
Dear Curtis:
Pursuant to your request, the following is an explanation of
the statutory provisions which govern payment and performance bonds
for construction of public improvements.
Article 5160, Tex.Rev.Civ.Stat.Ann. , provides that "any person
or persons, firm or corporation . . . entering into a formal
contract in excess of $25,000.00 with . . . any municipality . .
. for the construction, alteration or repair of any public building
or the prosecution or completion of any public work, shall be
required before commencing such work to execute . . .„ a payment
and performance bond. Under the statute, the performance bond must
be in the amount of the contract and is conditioned upon the
faithful performance of the work in accordance with the plans,
specifications and contract documents. The purpose of the bond is
to protect the City in the event that construction is not completed
in accordance with these documents. The payment bond must be
executed in the amount of the contract and is for the protection
of the claimants (subcontractors) supplying labor and material to
the prime contractor. If a subcontractor who has furnished labor
or materials is not properly paid by the prime contractor, he has
the right under the bond to sue the principal and the sureties for
payment of the amounts owed to him. Article 5160 further provides
that the City may not require a bond if the contract is less than
$25,000. 00. However, on all contracts which are greater than
$25,000.00, if the City does not require a payment bond, it is
subject to the same liability as that of a surety who had issued
a valid bond and all subcontractors are entitled to a lien on any
funds which are owing to the developer or prime contractor.
I. 1tL-ViNb 9 ZHKKC I I I CL • VA I
Mr. Curtis Hawk
February 1, 1991
Page 2
The competitive bid statute (Chapter 252, Texas Local
Government Code) further sets forth specific requirements for the
execution of a performance bond. Under Chapter 252, the City of
Southlake may not enter into a contract that requires an
expenditure of more than $5, 000.00 unless it has taken competitive
bids. Section 252.044 provides that if the contract is for the
construction of public works, the bidder to whom the contract is
awarded must execute a good and sufficient performance bond in
accordance with Article 5160. This section thereafter provides
that if the contract is for less than $100,000.00, a performance
bond is not required if the contract specifically provides that
payment is not due to the contractor until the work is completed
and is accepted by the City.
As a matter of reference, I would also like to mention the
provisions of Section 212.071, at. M. of the Local Government
Code which apply to the construction of public improvements related
to the development of subdivisions or land in cities with a
population of 50,000 or more. Section 212.073 requires that the
developer execute a performance bond in accordance with Article
5160 for the construction of improvements to ensure completion of
the project.
It is arguable that Article 5160 and Chapter 252 of the Local
Government Code are not applicable to the construction of streets
and other public infrastructure pursuant to a developer's agreement
because there is no expenditure of public funds by the City.
Further, I have heard arguments from developers that the
construction. of street improvements should not be considered the
construction of public works because the dedication of the road is
not final until acceptance of the improvements by the City. In my
opinion, the intent of Article 5160 is to apply to the construction
of streets that have been dedicated on a plat, even though
acceptance of the streets has not taken place. I also question
whether the intent of Article 5160 was not to require the execution
of the two requisite bonds whenever any improvements are
constructed pursuant to a developer participation contract.
However, even if Article 5160 is not applicable, the City is not
in my opinion prohibited from requiring a payment and performance
bond which meets the terms of Article 5160. The City should
consider the possible consequences if the City did not require a
payment and performance bond under the guise that the improvements
were private improvements. The City's only option if the streets
were not constructed in accordance with the contract and if the
subcontractors were not paid, would be to not accept the
improvements and to allow the subcontractors to attach a lien on
the "private property. " This may not be in the best interest of
the City.
,EIGLBING+ BARRETT TEL : 817-560-3953 UCt lulyl y ;43 rnu .uu4 r .u4
Mr. Curtis Hawk
February 1, 1991
Page 3
Allen Taylor will be glad to discuss this with you and the
Council on Tuesday evening. it you have any questions in the
meantime, please let me know.
Very truly yours,
Wayne K. Olson
WKO/kt
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*KWW C�PEOG UL 20M MAL LAW— September 24, 1991 JA' P.WAo
NAIMML ROARD OF 7RUL ADVOCACY tE[As ttou►1tD of IeoAL llBc7AtQi►7fON
Mr. Curtis Hawk
City Manager O
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092 SEp 2 5 1991
Re: Proposed Sign Ordinance
OFFICE OF CITY
Dear Curtis: MANA
GM
I have reviewed the proposed sign ordinance which is currently
scheduled for adoption on first reading by the City Council on
October 1, 1991. You have requested that I give you my comments
regarding the provisions set forth in this Ordinance. Before
getting to specific provisions in the Ordinance I would like to
begin by giving a general overview of some of the prevalent legal
issues under which a sign ordinance will likely be scrutinized if
it is ever attacked in Court.
It is fairly well etched in stone that communication through
the use of signs is considered First Amendment speech under the
U.S. Constitution. Therefore, any sign regulation which is adopted
by a municipality must withstand constitutional review. The United
States Supreme Court has recognized that certain regulations, such
as the regulation of signs by municipalities, involve both "speech"
and "non-speech" elements and the high Court has upheld these types
of regulations as long as they are content neutral. United States
v. O'Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed. 2d 672 (1968) .
Where speech and non-speech elements are combined in a regulation,
the regulation must meet the following four-part test:
1) It must be within the constitutional power of the
governmen=;
2) It must further an important or substantial governmental
interest;
3) The governmental interest must be unrelated to the
suppression of free expression; and
4) Any incidental restriction on the First Amendment
freedoms must be no greater than essential to the
furtherance of the governmental interest.
Over the years, the courts have upheld almost any type of
reasonable regulation by a municipality if it was completely
Mr. Curtis Hawk
September 24, 1991
Page 2
unrelated to the type of speech which was being proffered. For
example, the regulation of adult theatres, has been upheld as being
a content neutral, time, place and manner restriction as long as
the primary purpose of the ordinance was not to ban adult
entertainment, but rather to regulate the secondary adverse effects
of such an activity, and as long as the ordinance does not
unreasonably limit alternative channels of communication. City of
Renton v. Playtime Theatres Inc. , U.S. 106 S.Ct. 925,
89 L.Ed. 2d 29 (1986) . Similarly, the primary purpose of most sign
ordinances is not to restrict the type of speech placed upon signs,
but is to regulate the secondary, adverse effects of an unlimited
number of signs on traffic safety, aesthetics, etc. Unfortunately,
certain aspects of sign regulation are clearly not content neutral,
i.e. , most sign ordinances specifically regulates different types
-of signs based upon the content of those signs. For example,
SouthlakeIs proposed regulations establish specific regulations for
subdivision signs, different regulations for political signs and
even different regulations for general business signs. The sole
distinction for these different types of regulations is the content
of the signs.
The U.S. Supreme Court has also recognized two separate types
of protected speech -- commercial and non-commercial speech.
(owe commercial speech has been defined as expression related solely to
the economic interest of the speaker and its audience. Virginia
Pharmacy Board v Virginia Citizens Consumer Council, 425 U.S. 748
96 S.Ct. 1817, 48 L.Ed. 2d 346 (1976) . In order for the City to
regulate commercial speech, it must meet a separate four-part test:
1) The speech must be protected by the First Amendment,
i.e. , it must concern lawful activity and not be
misleading;
2) The regulation must promote a substantial governmental
interest;
3) The regulation must directly advance that governmental
interest;
4) The regulation must be narrowly drawn, not more extensive
than necessary, to serve that interest. Central Hudson
Gas and Electric Coro v Public Service Commission of New York,
447 U.S. 557 100th S.Ct. 2343 65 Lawyer's Ed. 2d 341 (1980) . These
governmental restrictions upon commercial speech do not need to be
the absolute least restrictive means to achieve the desired end,
rather, they are only required to have a reasonable "fit" between
the government's ends and the means chosen to accomplish those
ends. Board of Trustees of State University of New York v. Fox,
109 S.Ct. 3028 (1989) .
Mr. Curtis Hawk
September 24, 1991
Page 3
The key case with regard to the regulation of signs and in
particular, billboards, is Metromedia. Inc. v. City of San Diego,
453 U.S. 490 101 S.Ct. 2882, 69 L.Ed. 2d 800 (1981) . The
Metromedia court analyzed a San Diego sign ordinance, and in
particular, how the ordinance regulated the location of billboards.
The Supreme Court noted that there can be no substantial doubt that
a city's goals of furthering traffic safety and the appearance of
the city are substantial government goals. The regulations adopted
by San Diego with regard to commercial speech, i.e. , height size,
number and other limitations, appeared to meet the four-part
Central Hudson test. However, the Supreme Court noted that the
San Diego ordinance favored the use of commercial speech while
suppressing non-commercial (ideological) speech. The Court noted
that the regulation of billboards consistent with safety concerns
could be reasonable. However, a sign ordinance which advances
commercial speech while suppressing non-commercial speech is, per
SS, unconstitutional. The Court simply found that non-commercial
speech was more important and more protected under the First
Amendment than commercial speech. Most non-commercial speech is
traditionally found on off-premise signs such as billboards. The
Court concluded that the San Diego ordinance unduly restricted the
number and location of these types of signs, thus allowing a facial
attack on the ordinance.
Even after the Metromedia decision, many cities continued to
severely limit or totally prohibit off-premise signs. These
ordinances were easily stricken because they favored commercial
speech over non-commercial speech. Numerous court decisions in the
last ten years have now etched in stone one firm premise espoused
by the Metromedia Court - a sign ordinance simply may not favor
commercial speech over non-commercial speech. After the Metromedia
decision was handed down, many cities amended their sign ordinances
to permit non-commercial messages wherever commercial messages were
allowed. (See, e.g. , Section , City of Fort Worth Sign
Ordinance. ) By doing so, ordinances that discriminated on the
basis of content could be neutralized. See National Advertising
Co. v. Town of Babylon, 900 F.2d 551 (2nd Cir. 1990) . However,
other federal courts have taken the position that merely treating
non-commercial and commercial speech equally is not
constitutionally sufficient. The First Amendment affords greater
protection to non-commercial than to commercial expression.
National Advertising v. City of ' Orange, 861 F.2d 246 (9th Cir.
1988) .
Enough boring legal talk. What does this mean to Southlake's
proposed ordinance? The Southlake ordinance does not distinguish
between commercial and non-commercial speech. It does however,
provide for the regulation of off-premise signs (such as
billboards) which are the signs which typically contain non-
commercial speech. The Ordinance defines an off-premise sign as
Mr. Curtis Hawk
September 24, 1991
Page 4
any sign which is not an on-premise sign and further as sign
displaying advertising copy that pertains to a business, person,
organization, activity, event, place, service or product not
principally located or primarily manufactured or sold on the
premises on which the sign is located. (SEC. 1B) . The Ordinance
also specifically defines "off-premise subdivision sign" as "a sign
providing direction to, or information about, a residential or
commercial subdivision. This type sign shall be limited to
identification of a subdivision only."
I have to admit I have some trouble reading the sign ordinance
or understanding how the ordinance regulates the location of off-
premise signs. The only reference I can specifically find to the
location of off-premise signs is in Section 19. J.4. which applies
to off-premise subdivision signs. Section 22. M. states that "it
shall be prohibited to erect or display any sign which is not
specifically allowed and permitted pursuant to the terms of this
ordinance." I am interpreting this definition of "non-defined
signs" not to be applicable to off-premise signs. I am also
assuming that any permitted sign under Section 19 of the Ordinance
may contain either off-premise or on-premise advertising. Thus,
under Section 19.A. an attached sign may advertise goods and
services available on the premises or, in the alternative, it may
contain off-premise advertising should the owner of the building
prefer. This similarly would apply to monument signs in Section
19.G. and readerboard signs in Section 19.I. The remainder of the
permitted signs in Section 19 appear to specifically authorize only
on-premise advertising, e.g. , directory signs, general business
signs, identification signs, institutional signs, mobile home park
signs, multi-purpose signs and subdivision signs, which are all
defined in the Ordinance to be on-premise signs.
I am also reading the new proposed Section 21 on billboards
to authorize non-commercial speech on billboards in addition to
commercial speech. Overall however, the ordinances definitely
favors commercial speech over non-commercial speech. For example,
Section 16 contains a list of signs which are exempt from
permitting. These are weekend directional signs, political signs,
construction/development signs, signs placed inside windows and
seasonal decorations and displays during holidays. Only political
signs and possibly seasonal decorations and displays during
holidays would arguably allow non-commercial speech. Section 20
of the Ordinance, regulating temporary signs, allows banners,
flags, pennants and streamers only to advertise an upcoming event
such as a grand opening or special occasion or model home signs.
Special purpose signs are also allowed and these are specifically
defined as either on-premise or off-premise. However, they are
limited in their duration. I believe we should analyze further the
impact of the Ordinance on non-commercial speech to see that it
will adequately promote ideological speech over commercial speech.
Mr. Curtis Hawk
September 24, 1991
Page 5
Irrespective of the free speech issues which permeate the sign
Ordinance, we must also remember that any ordinance adopted by the
City must be rationally related to the public health, safety,
morals and welfare and is subject to challenge if it is arbitrary
and unreasonable. One of the most important recommendations I can
probably make is that the City staff actually drive the City and
apply the Ordinance to existing signs to see if it works a
hardship. It has been my experience that most cities are amazed
that the regulations that look so good on paper are actually fairly
onerous when applied throughout the City. In this light I would
like to make the following specific comments about the provisions
set forth in the Ordinance.
I would recommend that a purpose clause be added to the
ordinance. Although a substantial governmental interest is easy
to show, many municipal sign ordinances have been stricken because
the ordinance did not have any reference or statements of what
those substantial governmental interests were. This type of attack
could be avoided by a well-worded purpose clause.
Page 1 - The definition of ALTER includes changing the
"intent" of a sign. I am not sure what this means but we certainly
don't want to prohibit a change in the content of a sign from
commercial to non-commercial speech.
Since we have added a new Section 21 which regulates
billboards, we should define BILLBOARD in the Ordinance.
I would recommend adding a definition of BUILDING OFFICIAL to
include any representatives or designees appointed by the building
official.
I think the Ordinance could be clarified by defining EFFECTIVE
AREA as "affected area or area, " since the term "area" is used
throughout the ordinance. Also, let me point out that this is one
of the definitions which typically causes the most practical
problems in the enforcement of the sign ordinance. As you can see
from the intricate definition of EFFECTIVE AREA, it is hard to
define and is sometimes interpreted in such a manner as to be
overly restrictive. As stated above, I would simply recommend the
City specifically apply this definition to different signs
throughout the City to see if it might work a hardship.
Please note that HEIGHT is defined as the distance from the
highest part of the sign to the traffic surface of the adjacent
right-of-way. Elsewhere in the Ordinance, weekend directional
signs, political signs, etc. , are limited to a maximum of four feet
in height. Technically, these signs may not be placed upon a hill
Mr. Curtis Hawk
September 24, 1991
Page 6
or a rise in the terrain which is more than four feet above the
roadway surface and this may be overly prohibitive.
Page 2 - Definition of LUMINANCE is expressed in terms of
footlamberts. It has been my experience that footlambert is not
a commonly used term and is hard to determine.
Definition of OBSOLETE seems vague. Perhaps a few specific
examples such as signs that advertise premises that are no longer
in business, etc. , might be added.
The definition of SETBACK references the support or edge of
a sign. If this is supposed to be a reference to "supporting
structure," I would recommend clarifying that since the term
supporting structure is used throughout the rest of the Ordinance.
SIGHT TRIANGLE. For the life of me I can't determine how to
calculate the sight triangle is defined. Also, the sight triangle
is determined based on whether the street is improved or
unimproved. I think this definition should probably be clarified
to reference whether the street is improved with curb and gutter
or not.
SIGN. Elsewhere in the Ordinance, the term Valance is used.
Therefore, we might want to add it to the definition of sign.
SIGN, BANNER, references flags of cloth or canvas material.
This technically would not include plastic or banners of other
materials.
Page 3 - SIGN, INSTITUTIONAL. If this is intended to include
governmental buildings I would recommend specifically stating that.
SIGN, OFF-PREMISE is tied around advertising and services and
products. It might be wise to specifically reference ideological
speech as being permitted also.
SIGN, POLITICAL is defined as being a "non-premises sign."
What is a non-premises sign?
SIGN, PORTABLE. If a portable sign is attached to the ground
does it no longer become portable? We may want to elaborate on
this definition.
Page 4 - SIGN, SUBDIVISION development sign only applies to
residential or commercial developments. What about industrial
developments?
Page 5 - Section 4 sets forth fees for permanent signs. What
is a permanent sign? Also, why is the fee related to the size of
Mr. Curtis Hawk
September 24, 1991
Page 7
the sign? Can we justify additional administrative costs based
upon the size of the sign?
Page 6 - Section 5, Conditional Sign Permit authorizes the
City Council to grant permits on certain developments. Although
this Section is not facially invalid, it does weaken the Ordinance.
If we can come up with some more specific guidelines under which
these permits will be issued it would be easier to defend. Also,
have we adopted the Uniform Administrative Code?
Page 7 - Section 10 allows for the removal of signs by the
building official and provides that the cost for such removal must
be paid by the person having beneficial use of the land or the
person responsible for such signs. We may want to relook these
sections to see who should be legally responsible for any sign so
removed.
Page 8 - We should also scrutinize whether signs taken off of
utility poles or from the right-of-way should be held by the city
for more than 72 hours. Also, what is the basis for excluding
political, weekend and special purpose signs from the prohibition
on erecting signs in the right-of-way? This very definitely
weakens the Ordinance because it grants specific City authority to
utilize the right-of-way for only "favored" types of speech.
Again, the Courts don't want municipalities dictating or granting
favoritism to certain types of speech over others.
Section 12 authorizes the granting of variances. This Section
needs to have more specific reasons for the basis for the granting
of a variance. Also, Section 13 on Page 9 should probably be
combined with the variance section and expanded upon to provide
specific guidelines for the granting of the variance.
Page 9 - Section 14, Wind Pressure and Deadload Requirements.
Do these apply to all signs including garage sale signs, real
estate signs and political signs?
Page 10 - Weekend directional signs and political signs are
specifically allowed in the right-of-way. Again, this is subject
to attack. If the City is determined to allow signs in the right-
of-way it should not do it based upon the content of those signs
or it will be subject to attack. The Supreme Court has
specifically upheld a complete ban on all signs within the right-
of-way based upon the stated concern in the Ordinance - the visual
assault on the citizens of Los Angeles. Members of City Council
of the City of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789,
104 S.Ct. 2118, 80 L.Ed. 2d 772 (1984) . However, where cities
allow certain exemptions for off-premises signs that are clearly
content based, the City must show a compelling state interest in
order for the regulation to be upheld. While traffic safety and
Mr. Curtis Hawk
September 24, 1991
Page 8
aesthetic considerations are important governmental interests, they
do not rise to the level of a compelling state interest. In
National Advertising Co. v. City of Orange, 861 F.2d 246 (9th Cir.
1988) , a city ordinance which specifically exempted public signs,
temporary real estate and political signs and flags was struck down
on this basis.
Is the intent of the Ordinance to allow fifty square foot real
estate signs in front of single-family residences?
Page 11 - Seasonal decorations and displays during holidays
would appear to cover Christmas manger scenes, etc. Are these
intended to. be limited to sixteen square feet of effective area?
Page 12 - One attached general business sign is allowed for
each business with one additional sign being permitted if the
business has frontage on more than one street or roadway. Is this
one additional sign for each additional street or roadway frontage?
Also, what is the maximum area for an attached general business
sign? Also, if I have an attached sign which does not fall into
one of the other categories in Section 19, I apparently am limited
to one hundred square feet. However, it does not appear that I am
limited to only one attached sign and I could place several one
hundred square foot attached signs on my building. Is this the
intent of the Ordinance? Also, does Section 19 allow me to have
one of each of the signs listed? In other words, can I have one
directory sign, one institutional sign, one identification sign,
one monument sign and one readerboard sign in addition to my one
attached sign?
Let me also point out that in general, I find Section 19 to
be confusing. If I have an attached general business sign, does
Sub-Section A. or Sub-Section C. apply to my sign?
Page 14 - Electronic readerboard signs must be approved by
the City Council. This is suspect. What guidelines will the
Council use in determining whether to approve or not approve a
sign? If we could list those guidelines in the Ordinance, it would
be more defensible. One off-premise subdivision sign is allowed
per subdivision. Again, this is somewhat suspect because it favors
these types of off-premise signs over other types of off-premise
signs.
Page 15 - Model home signs are permitted as temporary signs.
These signs are not specifically defined in the Ordinance. Are
they not included in the definition of development sign?
The prohibition on obscene signs appears to be somewhat vague.
Mr. Curtis Hawk
September 24, 1991
Page 9
Page 17 - It may be hard to prove whether a vehicular sign has
been parked at the same location for "an extended period of time."
I would recommend putting a specific time frame in this paragraph,
such as stating that any vehicular sign which remains in the same
location for a period in excess of 72 hours shall be deemed a prima
facie violation of the Ordinance.
What's wrong with portable signs? Why are we exempting non-
profit organizations from the use of portable signs?
Also, why are roof signs prohibited?
Page 18 - Why are balloons prohibited?
Can a non-conforming sign be altered or repaired if it is not
in compliance with the Ordinance?
Obviously, it would be beneficial if I could meet with you and
other City staff to discuss this Ordinance prior to presenting it
to the Council. If you would like to set up a meeting to do this,
please give me a call.
Very Truly Yours,
t,4)k-- Oe��
Wayne K. Olson
WKO/s7 p
Enclosure
s1ake\ttr\hawk.11
cc: Mike Barnes
Eddie Wilson
r '
City of Southlake
. Q
July 17 , 1991
Mayor:
Gary Ficku
Mayor Pro Tom:
Richard W.Wilhelm
Councilmen9mrs:
carry K Emerson Dear
Jerry Farrier
Saly Hall The municipal sewer line in the Continental Park
W'Re"Evars Estates neighborhood was completed in January, 1990.
Michael J.O'Brien
You were mailed a letter on January 30, 1991, informing
CRY Manager: you that you were permitted to connect your property to
Qxft E.Hawk the sewer.
CAYsecrelarr. Our records indicate that you have paid your
Sandra L LeGrand
proportional share of the cost, but have not connected
your property to the municipal sewer. City of
Southlake Ordinance No. 440 requires the following:
Section 1. b. Service Available After
Development. In the event a City sewer line is
constructed or extended to within one hundred feet
( 100 ' ) of the property line of any property within
the City after such property has been developed,
such property shall be connected with the City's
sewer system within ninety (90) days of the City
sewer line being constructed or extended to within
one hundred feet ( 100 ' ) of the property line.
Section 6 . Any person violating any of the
provisions of this Ordinance shall be deemed
guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine in a sum not to
exceed Two Thousand Dollars ($2,000.00) for- each
offense and a separate offense shall be deemed
committed upon each day during or on which a
violation occur.
The City recognizes that some property owners have been
unable to have their property connected to date. For
this reason, we have delayed enforcement of Section 6
of the ordinance. However, the ordinance was enacted
to protect public health and safety. The sewer line
was brought to the neighborhood for the same reason.
Therefore, the City will begin to enforce the ordinance
beginning Friday, November 1, 1991. This will give
each affected property owner nine months to make
667 North Carroll Avenue• Southlake, Texas 76092
(817) 481-5581 • FAX(817)481-0036
"AN EOUAL OPPORTUNITY EMPLOYER"
July 17, 1991
Page 2
arrangements to come into compliance. The owner of any
residence not connected to the sewer will be issued a
citation under the provisions of Section 6 of the
ordinance.
If you have any questions concerning the above, please
let me know.
4Sinrely,
Curt s E. Hawk
City Manager
CEH/kb
City of Southlake,Texas
CITY OF SOUTHLAKE, TEXAS
REGULAR CITY COUNCIL MEETING: OCTOBER 15, 1991
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
i
WORK SESSION: 6 :30 P.M.
1. Discussion of all items on tonight's Regular Council Meeting
Agenda.
REGULAR SESSION: 7 :00 P.M.
1. A. Call to order. Invocation.
B. Executive Session
Pursuant to the Open Meetings Act, Article 6252-17
V.T.C.S. , Section 2(e) 2( f) 2(g) . Refer to posted list
attached hereto and incorporated herein.
C. Reconvene: Action necessary on items discussed in
Executive Session.
2 . Approval of the Minutes of the October 1, 1991 Regular City
Council Meeting.
3. Mayor's Report.
4 . City Manager's Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no
separate discussion of items unless a Council member or citizen so
request, in which event the item will be removed from the general
order of business, and considered in its normal sequence.
5. Con
A. Permission to advertise for bids for Lift Stations to be
located at Bicentennial Park and on East Southlake Blvd.
REGULAR AGENDA j
6 . Public Forum.
I
i
I
City of Southlake,Texas
City Council Agenda
October 15, 1991
page two
7 . Consider: Ordinances, second reading and related items .
A. Ordinance No. 480-59, 2nd reading. (ZA 91-52)
Z nin hange uest for 128.33 a out of the W.E.
Croo s ur , act , Trac and Hall Medlin
Su ey Abs rac No. , . ra , 2A, and 2B. The
rren z ing is " - 0 le Family-20A Residential
with r quest oning for "PU ' Planned Unit
Devel ent. ended request is for 4 acres
(excluding a "C-1" lot on the corner) .
Owner/A icant: Charles Young and Larry Cole dba
Hills Monticello.
Publ Hearing.
8. Cons r: Ordinances, first readinq and related ite s.
Or ina ing. Landscape Ordinance.
Continuation a public
&neen Relating to ng
Permit
ance No. 547, lst re Qadated
service cre n annual basis.
D. Ordinance o. , for
incre cipal contributions.
9 . Consider: Resolutions (no items for this agenda)
10. Other items for consideration.
e
B. A for a utility billing audit. (�LJ
�a . Other items for discussion.
B. Weed Lien.
Cit Council Procedures.
D. Continental Park Estates Sewer.
�ent.
I
City of Southlake,Texas
City Council Agenda
• October 15, 1991
page three
i
12 . Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, October 11, 1991 at 5 :00 p.m. , pursuant to the
Open Meetings Act, Article 6252-17 V.T.A.S.
`ar :ns�u+npq,
I.H.Lq�! ,�
Sandra L.
City Secretary >: •:x
S v •
i
I
City of Southlake,Texas
EXECUTIVE SESSION
PENDING LITIGATION- Section 2(e)
The City Council may consider pending and contemplated litigation
subjects. The following subjects may be discussed:
1. Russell Sivey v. City of Southlake, September 1989 .
2 . Essig Claim, February 1991.
3 . Margaret Freemen Claim, January 1990.
4 . West Beach Addition.
5 Murawski Claim.
6 . Garrett Claim.
7 . Ken Smith, July 1991 .
Litigation is, by nature, an on-going process, and questions may
arise as to trial tactics which need to be explained to the City
Council . Upon occasion, the City Council may need information from
the City Attorney as to the status of the pending or contemplated
litigation subjects set out above. After discussion of the pending
and contemplated litigation subjects, in executive session, any
final action, or vote taken, will be in public.
LAND ACQUISITION- Section 2 ( f)
The City Council may consider the purchase, exchange, lease, or
sale of real property.
After discussion of land acquisitions in executive session, any
final action, or vote taken, will be in public.
PERSONNEL- Section 2(g)
The City Council may consider the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of
public officers or employees, including the City Manager, City
Secretary, City Attorney, and City Board and Commission Members. A
complete list of the City Boards and Commissions are on file in the
City Secretary's Office.
After discussion of any or all of the above, in executive session,
any final action or vote taken will be in public by the City
Council.
If personnel issues or litigation issues arise as to the posted
subject matter of this City Council Meeting, an executive session
will be held.
SLL 10/10/91
s
MONTHLY DEPARTMENT REPORTS
SEPTEMBER 1991
ZONING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—A
PARKS & RECREATION . . .. . . . . . . . . . . . . . . . . . . . . . .4—B
STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—C
WATER/WASTEWATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—D
,. BUILDING . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .4—E
PUBLIC SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—F
MUNICIPAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—G
FINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4—H
• City of Southlake,Texas
PLANNING AND ZONING DEPARTMENT
FEE REVENUE REPORT
FOR THE MONTH ENDING 30 SEPTEMBER 1991
ZONING $ .00
NO. OF CASES
PLATTING 14,030.00
NO. OF CASES ( 1)
SITE PLANS .00
NO. OF CASES
SPECIFIC USE PERMITS . 00
NO. OF CASES
SPECIAL EXCEPTION USE PERMITS .00
NO. OF CASES
BOARD OF ADJUSTMENT 200. 00
NO. OF CASE (4)
MISCELLANEOUS INCOME 109 . 30
NO. OF RECEIPTS (8)
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL REVENUE $14,339 . 30
TOTAL NO. OF RECEIPTS ( 13)
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City of Southlake.Texas
M E M O R A N D U M
October 9, 1991
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Street Department Monthly Report - September, 1991.
-------------------------------------------------------------
The enclosed report details the Street Department activities
for the month of September, 1991.
This report is to be included in the City Council packets for
their October 15, 1991 meeting.
M40
MHB/ck
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City of Southlake,Texas
i
M E M O R A N D U M
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October 9, 1991
TO: Michael H. Barnes
FROM: Ron Morain
SUBJECT: Monthly Report for Street Department
September, 1991.
---------------------------------------------------
The Street Department continued pothole patching per
schedule using approximately 75 tons of FF cold lay
asphalt and 100 tons of U.P.M. cold lay asphalt. The
U.P.M. is a relatively new product with a higher
asphalt content which can be used in water as well as
on dry potholes . The U.P.M. appears to be staying in
the potholes far better than the FF type mix. Hot
mix was laid on West Continental, T.W. King and
Summerplace using 120 tons of asphalt.
We continued working on street signs and used 6
posts, 11 street blades, 4 stop signs, 3 no parking
signs and 1 speed limit sign.
R.O.W. ' s were mowed when they were dry enough. The
brush hog was down for 1 week during the month while
parts were on order.
Routine maintenance was performed on all vehicle and
equipment as required. Major maintenance is now
being done on the flat bed one ton dump truck due to
the fact that a rear wheel bearing failed and the
wheel came off . The truck is in the shop for repairs
at this time.
r �
RM/cbk
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City of Southlake,Texas
M E M O R A N D U M
October 9, 1991
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, Director of Public Works
SUBJECT: Water Department Monthly Report - September,
1991.
------------------------------------------------------------
The enclosed report details the Water Department activities
for the month of September, 1991.
This report is to be included in the City Council packets
for their October 15, 1991 meeting.
1'Y��CSC
MHB/Ck
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City of Southlake,Texas
M E M O R A N D U M
October 9 , 1991
TO: Michael H. Barnes
FROM: Ernest Bramlett
SUBJECT: Monthly Report for Water Department
September, 1991.
------------------------------------------------------
The Water Department took daily meter readings on
water received from the city, tested water quality as
required by state law, and flushed dead end lines
during the month.
All well and pump station sites were mowed and
trimmed. We replaced chlorine pump at Fort Worth
pump station. Reset 1 fire hydrant and modified 4"
nozzles on 12 fire hydrants on fireman' s list. We
repaired one main break on 1709/White Chapel and
repaired 3 service line breaks. We located 4 service
lines for meter reader and made 3 new taps . We used
72 man-hours working in the Park on the sprinkler
system and 24 man-hours locating valves on 1709 .
Routine maintenance was performed on all vehicles and
equipment during the month.
EB/cbk
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UTILITY DEPARTMENT REPORT
MONTH SEPTEMBER 1991
GALLONS PUb1PED THIS 'MONTH FROM WELLS 61 ,nnn
PURCHASED FROM FORT WORTH 320540,000
TOTAL PUMPED AND PURCHASED 32,601,nnn
NEW WATER TAPS INSTALLED 52
FIRE HYDRANTS INSTALLED n
METER CHANGE OUTS 15
ADDRESSES: 163 JELLICO CIRJ 1951 E. C0NTTNFNTAL,j981-19 F_ MMINFNTAT I
340 E. CONTINENTAL f 15oo N_ C'ARRnT.T./1302 W. SOlnTuAKF,,4gno w_ gninTFU,4yF/
603 W. SOUTHLAKE/ 507 W. SOUTHLAKE/2950 N. WHITF CHAPF.T,/13R2 RLT TEAL/
1425 N_ PEYMUTILLE,/410 F. MNTTNFNTAL/511 DAVTS/595 DAVTS
PULLED METERS PER CUSTOMER REQUEST 0
PULLED METERS PER DELINQUENT PAYMENT 0
LOCKED METERS PER CUSTOMER REQUEST 17
LOCKED METERS PER DELINQUENT PAYMENT 6
PROCESSED WORK ORDERS 188
LEAKS:
WATER MAIN BREAK REPAIRS 1- 1709 $ WHITE CHAPEL
SEWER LINE REPAIRS
FLUSHED WATER LINES LILAC%PRIMROSF. 1.N_-/RAVFNATTX rr /RR(10T WWD LT./
SLEEPY HOLLOW/FOREST VISTA
DIRECTOR OF' PU13LIC WORKS
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SOUTH JU(E DEPARTMENT OF PUBLIC SAFETY
MONTHLY REPORT
SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY
POLICE SERVICES PATROL DIVISION SUMMARY
September 1991
CALLS FOR SERVICE 562
CITATIONS 481
PATROL 147
S.T.E.P. 334
ARRESTS 27
FELONY 0
MISD 27
ACCIDENTS 30
MINOR 23
MAJOR 7
t :ata: 1:a�"a9i P3,e 1
Ne::r: CFF'1300
OFFENSES BY OFFENSE yESC=IPT:ON -ROM
09i 0i;'91 TO 09/30!'3'
Offense Offense Officer Property
Date Number Detective Stolen FOE MOE Status
-------- -------- ----------- ---------- --- --- ------
-------- -------- ----------- ---------- --- --- ------
Offenses for ABANDONED VEHICLE
09/19/91 910743 141 ! 0 0 A
Offenses for ASSIST OTHER AGENCY
09/08/91 910726 132 / 0 0 A
Offenses for AUIO THEFT
09108/91 910712 143 / D 0 0 A
09/17/91 910740 127 / D 0 0 A
Offenses for BURGLARY (B)
9/01/91 910692 143 i 9 S5 A
09/05/91 910705 144 / K I 65 A
Offenses for BURGLARY (R)
-09/03/91 910697 148 / FB 1 90 A
9/17/91 910739 139 / BK 1 67 A
09/18/91 910741 148 / F 1 65 A
Offenses for BURGLARY M/V
09/08/91 910714 143 / F 0 0 A
09/29/91 910764 133 / K 0 0 A
Offenses for CITY ORDINANCE VIOLATION
09/15/91 910735 111 / 999 0 0 C
09/30/91 910766 111 / 0 0 A
Offenses for CRIMINAL MISCHIEF
1r4;f) 31 °'1'7r99 134 ' 4
.•l3I J '�J :
tl9iliii91 310721 148 /
09/14191 910131 134 ! �;
?9/26,''91 910762 114 ! t7 � A
Offenses for CRIMINAL TRESP'AaS
Offenses for DISORDERLY CONDUCT
'j9i14i91 910734 144 i A
tIEnse Ior DOu BIT
L�iO3i91 '310698 144 / 140 v v C
9/-08/91 910715 127 ! 0 0 A
9/14i'?I 910732 148 'a? j C
09,`17/9i 910737 148 / (! v A
� rt Date: 1101 5:/91 .are
Wrt timbr: OFF:+3�i0
OFFENSE
�� -•ns•-.
09r01i91 TO 09/30/'?1
Offense Offense Officer Property
Date Number Detective Stolen POE MOE Status
-------- -------- ----------- ---------- --- --- ------
-------- -------- ----------- ---------- --- --- ------
Offenses for FAIL TO STOP/RENDER AID
09/21/91 910747 141 / 0 0 A
Offenses for FLEET ACCIDENT
OW 02191 910694 134 i 0 0 A
Offenses for FORGERY
09/24/91 910756 132 / A 0 0 A
Offenses for FOUND PROPERTY
09/06/9i 910708 108 / 0 ! A
Offenses for HARASSMENT
09105/91 910704 144 u A
09/10/91 910720 143 / 0 0 A
�Wlse5 for INVESTIGATION THEFT
09/17/91 910738 143 / 0 0 A
Offenses for ISSUANCE OF A BAD CHECK
n9/06/91 910718 133 / 133 0 0 A
Offenses for MAJOR ACCIDENT
09/07/91 910711 143 / 999 0 0 A
Offenses for PI
031021191 910696 143 / 999 0 0 CA
nf;enSec in7 On CC MM1¢T T!!A l�A
091f!6/91 9107C!7 1f1P / 140 0 f! CA
Offenses for RECKLESS DAMAGE
09i21131 910768 143 / 0 0 A
iten5p5 for Rt1NAdmyi
A 10;'9i 91C!7'". 1� 0A A
Offenses for SIMPLE ASSAULT
a 1 ki 100 114 / 140 J
1191 9i0748 141 / ! 0 A
Offenses for SUICIDE
O'it11/91 910690 1i4 ! i! A
Lf F-3
t 2 10i^3i91 Page 3
OFFENSES BY OFFENSE DESCRIPTION FROM
Offense Offense Officer Property
Date Number Detective Stolen POE NOE Status
-------- -------- ----------- ---------- --- --- ------
-------- -------- ----------- ---------- --- --- ------
Offenses for SUSP PERSON
?W04/1 910701 114 / 0 0 A
Offenses for THEFT 20/200
09109191 910717 I27 / K 0 0 A
09/08/91 910713 143 / 1 0 0 A
Offenses for THEFT 200/750
09109/91 910719 127 / K 0 0 A
Offenses for THEFT 750/205000
09/07/91 910710 108 / K 0 0 A
09/10/91 910722 143 / K 0 0 A
09i!^/91 910729 108 / FK 0 i? A
uses for THEFT OF SERVICES
9i3O/91 910765 114 / K 0 0 A
Offenses for THEFT U/20
09i01/91 910689 132 i K 0 0 A
09/22/91 910751 !43 / K 0 0 A
09/25/91 910757 141 / 999 I 0 0 CA
09/26/91 910761 108 / K 0 0 A
Offenses for TRF VIOLATION
09/14/91 910733 139 / 0 0 CA
Offenses for TRF WRNT ARREST
`i'3?0091 910693 119 0 1 CA
M„02 9! 910695 !!! , 999? 0 0 CA
09/05i91 910703 108 / 0 0 CA
09/26i91 910763 108 / 999 0 0 CA
09iO5i91 h 0706 i4l i 999 0 0 CA
09/09/91 910716 145 / 999 0 ii CA
09/lli91 910725 144 i 999 0 1 CA
,19 1201 91 910727 114 i 0 ;) :,„
09i12/91 910728 .39 i 0 0 CA
OW13/91 910730 145 / 0 0 CA
09/16i91 910742 145 / 999 0 0 CA
09 ;3i9i 910744 139 i 999 0 0 CA
C?i9! 910745 148 ; 999 0 0 CA
3i21i9l 910746 134 / 993 0 0 CA
09/21/91 910749 139 / 999 0 0 CA
?IC753 14; r 999 0 0 ;A
09/23/91 910754 114 i '999 0 0 ':A
Llr-- V
Date: :''`: _ = 4
r=ENu. DES_ ._--. N ,FROM
Offense Offense Officer Property
Date Number Dete:tive Stolen POE MOE Statas
-------- -------- ----------- ---------- --- --- ------
-------- -------- ----------- ---------- --- --- ------
Offenses for TH WRNT ARREST
09/23/91 910752 143 / 999 0 0 CA
09/24/91 910755 148 / 999 0 0 CA
09/25/91 910760 144 / 999 0 0 CA
09/310/31 910767 139 / 999 0 0 CA
Offenses for JCW
09/11/91 910724 108 / 0 0 A
Offenses for WARRANT ARREST
09/0491 910702 i08 0 0 Cri
09/22/91 '310750 Li4 i 0 0 CA
Total Offenses Printed: 79
rests 29
or Accidents 14
inor Accidents 16
Alarm Calls 83
��s
SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY
MILEAGE AND GASOLINE REPORT FOR SEPTEMBER, 1991
09/01 09/30 TOTAL MILES TOTAL GALLONS
UNIT # MILEAGE MILEAGE DRIVEN GASOLINE USED
226 120, 479 122, 666 2, 187 175. 7
230 110, 921 112, 781 1, 860 118 . 4
232 102, 660 103, 266 606 42 . 9
234 81, 950 81, 950 0 0
235 94,910 99, 115 4, 205 369 . 1
236 34, 492 39, 179 4, 687 438 . 1
237 46, 364 49, 842 3, 478 330 . 9
238 19, 100 20, 684 1, 584 137 .1
239 16, 949 19, 318 2, 369 186 . 3
240 35, 157 37, 528 2, 371 110 . 2
241 16, 895 17, 300 405 20 . 2
242 2, 743 4, 120 1, 377 28 . 6
243 2, 806 3, 527 721 23 . 0
250 (VAN) 89, 117 89, 410 293 42 . 0
TOTAL MILES DRIVEN 26, 143
TOTAL GALLONS GASOLINE USED 2, 022 . 5
' S O UT H L ARE
DEIPARTISEIITT OF PUBL I C SAFETY
MONTHLY WARRAIITT ID I VI S I ON REPORT
SEPIEMBER, 1991
MUNICIPAL WARRANTS CURRENT MONTH PAST MONTH YTD
WARRANTS Q$ HAND
Beginning Count 511 358 N/A
Received 22 162 413
Served 43 9 270
Purged 4 0 142
Ending Count 486 511 N/A
FINES COLLECTED
By Warrant Officer 3,144 539 22,727
By Other Agency 1,764 253 12,286
Total 4,908 792 35 ,013
NARRANTS SERVED
By Warrant Officer 28 6 179
By Other Agency 15 3 91
Total 43 9 270
FIRE SERVICES MONTHLY REPORT
September, 1991
PREVENTION ACTIVITIES
prevention Class Number-Students Reached Plan Review
Age Group Totals 0-5 0 Commercial/Mercantile 1
6-12 29 Industrial 0
13-18 15 Assembly 0
Adult 3 Residential 0
Subdivision Review 0
*Inspections/C.O. & Scheduled
Commercial/Mercantile 5 Pre-fire Planning/Engine
Industrial 3 Engine Company Inspection 0
Assembly 0 TOTAL 1
Residential 0 Control Burn Permits Issued 33
TOTAL 8 High Grass & Weed Complaints 49
FIRE SUPPRESSION ACTIVITIES
*Incidence Reponse Fire Exposure N/A
Structure Fire 2 Fire Loss $53,000
Automobile Fire 1
Brush/Grass Fire 2 Equipment Used
MVA 9 Engines 20
Good Intent 4 Attack 2
False Alarm 0 Ladder 1
Mutual-Aid Ambulance 2
Given 1 Grass/Brush Unit 26
Received 1 Feet of hose used:
Medical Assistance 12 Reel 0
Hazardous Materials 2 1-3/4 1100,
Smoke Scare 0 2-1/2 700'
Rescue Call 0
Other 4
TOTAL 37 Ground ladder/feet 0
EMERGENCY MEDICAL SERVICES ACTIVITIES
Calls-for-Service Equipment Used
Transport 8 Ambulance Miles Traveled 811
No Transport 21 Monitor/Difibulator 5
TOTAL 29 Thumper 0
Suction 0
Type of Call I .V. Therapy 5
Medical Emergency Spinal Immobilzer 3
Cardiac 2 Traction Splinting 0
Respiratory 2 Bandaging 1
Sick Call 4 Splinting 0
Neurological 1 Intubation 0
TOTAL 9 Drug Therapy 3
Oxygen Therapy 6
Trauma Emergency
Injured Person 3 Training
Motor Vehicle Accident 10 CPR - Classes Taught 0
Industrial Accident 0 Total Student 0
�MeOTAL 13
No.Pers . No.Hrs. Total Manhours
Paid
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CITY OF SOUTHLAKE
General Fund and Debt Service Fund
Statement of Revenues,Expenditures and Changes in Fund Balance
for the period ended September 30, 1991
with Comparative Actual amounts for the period ended September 30, 1990
Revised Percent Actual Percent
1990-91 Actual Collected/ Actual Total Collected/
REVENUES Budget 9/30/91 Expended 9/30/90 9/30190 nded
Ad Valorem Taxes $2,475,000 $2,430,929 98.2% $2,214,229 $2,214,229 100.0%
Sales Tax 430,000 411,145 95.6% 396,106 396,106 100.0%
Franchise Fees 253,900 255,643 100.7% 222,331 222,331 100.0%
Fines 260,000 218,407 84.0% 240,819 240,819 100.0%
Charges for Services 36,500 35,380 96.9% 34,159 34,159 100.0%
Permits/Fees 473,150 557,685 117.9% 435,338 435,338 100.0%
Miscellaneous 30,240 30,859 102.0% 85,630 85,630 100.0%
Transfer In-Water 159,446 159,446 100.0% 122,673 122,673 100.0%
Interest Income 50MO 58,522 117.0% 49,046 49,046 100.0%
Total Revenues $4,168,236 $4,158,016 99.8% $3,800,331 $3,800,331 100.0%
EXPENDITURES
City Secretary $131,9% $128,596 97.4% $124,526 $124,526 100.0%
City Manager 130,423 133,958 102.7% 88,573 . 88,573 100.0%
Support Services 552,130 526,730 95.4% 296,519 296,519 100.0%
Finance 185,458 167,504 90.3% 182,226 182,226 100.0%
Municipal Court 133,216 116,731 87.6% 119,640 119,640 100.0%
Fire 467,834 478,100 102.2% 431,530 431,530 100.0%
Police 795,452 793,511 99.8% 923,906 923,906 100.0%
Public Safety Support 248,123 246,978 99.5% 0 0 0.0%
Building 103,686 95,904 92.5% 198,187 198,187 100.0%
Planning and Zoning 139,915 139,901 100.0% 0 0 0.0%
Streets/Drainage 673,025 573,072 85.1% 351,024 351,024 100.0%
Parks 108,824 84,222 77.4% 59,759 59,759 100.0%
Public Works Administration 60,960 80,793 132.5% 61,482 61,482 100.0%
Debt Service-General
Obligation Bonds 527,950 527,950 100.0% 145,135 145,135 100.0%
Reserve-Uncompensated
Vacation Benefits 39,864 39,864 100.0% 0 0 0.0%
Total Expenditures S4,298,850 $4,133,814 96.2% $2,982,507 $2,982,507 100.0%
Excess (deficiency)of
Revenue over Expenditures ($130,614) $24,202 $817,824 $817,824
OTHER FINANCING
SOURCES AND(USES)
Reserve-Infrastructure ($376,288) ($370,000) $0 $0
Bond refinancing 0 0 0 14,065
C.O.Proceeds 200,000 200,000 0 0
Excess (deficiency)of
Revenues and other sources
over Expenditures 306 902) 145 798) $817,824 $831,889
FUND BALANCE OCT 1 $1,127,708 $1,127,708 $295,819
ENDING FUND BALANCE $820,806 $981.910 1 127 708
CITY OF SOUTHLAKE
Water and Sewer Enterprise Fund
Comparative Statement of Revenues and Expenses
for the period ended September 30, 1991 and 1990
Revised Percent Total Percent
1990/91 Actual Collected/ Actual Actual Collected/
REVENUES Budget 9/30/91 expended 9/30/'90 9/30/90 expended
Water Sales-residential $1,494,386 $1,421,633 95.1% $1,245,676 $1,245,676 100.0%
Water Sales-commercial 373,596 328,942 98.0% 254,093 254,093 100.0%
Sewer Sales 68,847 95,410 138.6% 30,673 30,673 100.0%
Other utility charges 136,371 160,807 117.9% 116,089 116,089 100.0%
Miscellaneous 20,280 58,635 289.1% 51,037 51,037 100.0%
Interest Income 24,500 20,877 85.2% 4,459 4,459 100.0%
Total Revenues $2,117,980 $2,086,304 98.5% $1,702,027 $1,702,027 100.0%
EXPENSES
Water $1,424,643 $1,255,283 88.1% $844,408 $844,408 100.0%
Sewer 271,183 237,582 87.6% 0 0 0.0%
Debt Service-
Revenue Bonds 80,070 80,070 100.0% 341,592 341,592 100.0%
Transfers-General Fund 159,446 159,446 100.0% 122,673 122,673 100.0%
Reserve-Uncompensated
Vacation Benefits $1898 5,898 100.0% 0 0 0.0%
Total Expenses $1,941,240 $1,738,279 89.5% $1,308,673 $1,308,673 100.0%
Net
Income/(Loss) $176,740 $348,025 $393,354 393 54
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City of Southlake,Texas
CITY MANAGER
7
M E M O R A N D U M � C
October 11, 1991
TO: Curtis E. Hawk, City Manager
FROM: Michael H. Barnes, P.E. , Public Works Director
SUBJECT: Permission to Advertise for the Bicentennial Park
and F.M. 1709 Lift Stations
-------------------------------------------------------------
In the 1991-92 Budget there are two projects programmed to be
installed. The first project is the lift station for the
Bicentennial Park which is budgeted at $25,000. The second
project is the existing F.M. 1709 lift station located at the
intersection of Bank Street and Southlake Boulevard which
needs to be relocated. It is budgeted at $60,000. The F.M.
1709 lift station is being relocated in order for F.M. 1709
to be constructed.
These projects are being bid together to get the lowest
possible bid. The projected bid date is November 13, 1991
and the award date is November 19, 1991.
Please place this on the Council 's next agenda for their
consideration. If you have any questions, please contact me.
YrllI IL
/-T)
MHB/lc
519-1
City of Southlake,Texas
M E M O R A N D U M
October 8, 1991
TO: Curtis E. Hawk, City Manager
FROM: Karen P. Gandy, Zoning Administrator
SUBJECT: ZA 91-52 Zoning Change Request
------------------------------------------------------------------------------
REQUESTED ACTION: Zoning change and development site plan approval; 128.33
acres, W.E. Crooks Survey, Abst. 295, Tract 2 and Hall
Medlin Survey, Abst. 1038, Tracts 2, 2A, and 2B.
LOCATION: Southwest corner of the intersection of South White
Chapel Blvd. and West Continental Blvd.
OWNER/APPLICANT: Charles Young and Larry Cole dba The Hills of Monticello
CURRENT ZONING: "SF-20A", Single Family-20A Residential
REQUESTED ZONING: Residential "P.U.D."
AMENDED REQUEST: 126.94 acres (excluding the 11C-1" lot on the corner)
LAND USE CATEGORY: Medium Density Residential
BACKGROUND INFO: The owner/applicant seeks rezoning to the P.U.D. zoning
district to allow flexibility in the yard setbacks. The
20,000 sq. ft. lot minimum will remain the same as
previously approved.
NO. NOTICES SENT: Thirteen (13)
RESPONSES: One (1) : Dee Irvin, 1203 Ridgewood Circle, "opposed to
changing the zoning requirements to suit the needs of the
developer." The "city zoning commission needs to stand
by the ordinances and see that they are enforced and not
make changes for every developer that comes along."
P & Z ACTION: September 5, 1991; Approved (6-0) subject to August 30,
1991 Plan Review Summary.
COUNCIL ACTION: October 1, 1991; Approved (7-0) First Reading, Ordinance
No. 480-59 subject to the September 27, 1991 Plan Review
Summary.
) l
KPG
IA- I
CITY OF SOL"THLAKE
APPLICATICK FOR AMENDA aTT M ZOKIM HAP
Application No. ZA ql-5z
To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a $100.00
fee for zoning; it must accompany this application.
NAME OF APPLICAM ADDRESS:
Thp Hills of Montirolln 807 Forect Rides- Sta _ in-,
Bedford, Texas 76022
DESCRIPTIC i (11MS MD HODS) OF PROPERTY REQUEST TO BE REZMM:
128. 486 Acras tract out of the Wn. E. Crooks Sure-v Ahat 299 a,d th-
Medlin Survay Abst 1038 in the city of ou hla Tarrant rou ntg -
Texas (see att3chad metes and bounds discription )
ZON LN.G REQUEST: FROM: S F - 2 0 A TO: P_ r1_ n_
This application rust be accompanied by a list of the names and addresses of the
owners of all properties within 200' of any part of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
� - Ia - q
DATE SIG-4 F PERSM FILING WST BE
OWNER OF THE PROPERW
Before me, a Notary Public, on this day personally appeared k �;c
known to me to be the person whose name is subscriged to the
foregoing instrument and acknowledged to be that he or she executed the same for
the purposes and consideration therein expressed.
Given under my hand and seal of office this to day of 2�w .
19 C1—
NIII' Y PUBLIC LN AND FOR TEXAS
My Commission expires the ? day of (C�- �,,�2 19
7A- 2
CITY OF SOLMLAKE
APPLICATICN FOR ANF1NDIMT M ZONIviG NAP
Application No. ZA f-5�
To be filed with the City Secretary at City Hall, 667 N. Carroll Avenue,
Southlake, Texas. At the time of filing, the City Secretary will inform you
of the public hearing dates for both Planning and Zoning and City Council.
You must be represented at both of the public hearings. There is a $100.00
fee for zoning; it must acccmpany this application.
NNE OF APPLICANT: ADDRESS:
Charles Young 849 W. Continental Blvd.
Southlake, Texas 76092
DESCRIPTION (1= ACID BOLMS) OF PROPERTY RE QLM= TO BE REZONED:
128. 486 Acres tract out of the Wm. E. Crooks Survey Abst 295 and the
Medlin Survey Abst 1038 in the City of Southlake, Tarrant County,
Texas (see attached metes and bounds description) .
ZWING REIQU: FROM: SF-2 0A TO: P.U.D.
This application must be accompanied by a list of the names and addresses of the
owners of all properties within 2001 of any pan of the property to be rezoned.
A plat map of the property showing the area requested for rezoning is to be
attached to this application.
DATE SIMATURE OF PE&SW FIIPLNG X ST BE
OWER OF THE PROPERN
Befcre me, a Notary Public, on this day personally appeared (`,fact �,`�� 4+ .
known to me to be the person whose nacre is subscribed to the
fa egoing instrument and acknowledged to be that he or she executed the same for
the purl; ses and consideration therein expressed.
Given under my hand and seal of office this day of
19
MrARY PUBLIC IN AND FOR TE<AS
My Commission expires the day of CA,-
7A-3
The Hills of Monticello
A Planned Unit Development Residential Community
INTRODUCTION
The Hills of Monticello, Inc. and Charles Young, the owners
of the property discussed herein, requests a change -in zoning
from SF-20A to a Residential Planned Unit Development
District (PUD) . The development consist of 127 acres
containing 105 lots The property is located in the southwest
quadrant of the intersection of White Chapel Boulevard and
Continental Boulevard. Phase I consisting of approximate 46
acres is currently under construction and contains 55
residential lots, Phase II consists of approximately 82 acres
and will contain 50 residential lots.
The purpose of this re-zoning request is not to increase the
-number of lots contained in the development, but rather to
allow for varied lot set backs, for the houses to be
constructed on these lots. A curvilinear street layout was
used for this property in order to preserve the natural
features of the land. This development concept creates lots
that are large in size, but irregular in shape. With these
large wooded lots the best look for the development, a
minimum of tree loss, an increase in privacy, and best house
orientation will be achieved with varied lot set backs.
The Hills of Monticello Zoning Request
est
`IA- y
PROJECT LOCATION AND DESCRIPTION
The development is located in the southwest quadrant of the
intersection of White Chapel Boulevard and Continental
Boulevard (see Figure 1) . The property is generally
rectangular in shape and contains approximately 128 acres.
In addition to the 105 residential lots the development will
contain approximately 50 acres of parks and open space. The
open areas will contain 3 lakes, jogging trails, playground
for small kids, and a activity field for softball, soccer,
and football.
The entrance into the development will include a pavestone
lined street with a statue of Thomas Jefferson in the center
of the boulevard. The perimeter of the development along
Continental Boulevard and White Chapel Boulevard will have
landscaped berms with alternating brick . and wrought iron
fencing. This will enable the homes to have privacy, and will
be in keeping with the existing natural feel of the area.
The Hills of Monticello Zoning Request
IA -5 yj9jv
PROPOSED SITE ZONING AND LAND USE
The proposed zoning for The Hills of Monticello is for a
residential "PUD" Planned Unit Development as set forth in
Section 30 of the City's Comprehensive Zoning Ordinance
Number 480, dated September 19, 1989. The requested PUD is
being set forth in compliance with sub-section 30.7, item 2a,
which allows submittal of a Development Site Plan for the
entire Planned Unit Development. The Development Site Plan
for Phases I and II is included in this application.
The Hills of Monticello Zoning Request
IA-4
qjj jqj
DEVELOPMENT STANDARDS
It is intended that all lots within this proposed zoning
change shall be used for single family detached residential
development, and all areas designated Common Open Space will
be exclusively for the home owners use and enjoyment.
Additionally, the development shall be allowed one temporary
real estate sales office. Special exception uses applicable
to residential zoning and as approved by the City of
Southlake Board of Adjustment as authorized under Section 44
of the Comprehensive Zoning Ordinance shall also be included
in the PUD. Finally, any use accessory to an approved special
exception use shall be permitted without specific approval if
it complies within the conditions for an accessory use.
Development Regulations
The following development regulations shall be applicable
within the boundary of this district:
1) Lot Size - All lots shall be subject to a minimum lot
size- of twenty thousand (20,000) square feet.
2) Lot Width - All lots shall be subject to a minimum
lot width of ninety (90) feet with a typical lot
width in excess of one hundred (100) feet.
3) Lot Depth - All lots shall be subject to a minimum
lot depth of one hundred twenty five (125) feet with
a typical lot depth of one hundred sixty (160) feet.
4) Minimum Floor Area - All residential dwellings are
restricted to a minimum floor area of three thousand
(3000) square feet.
5) Height - No building shall exceed two and one half
(2-1/2) stories, nor shall it exceed thirty five (35)
feet.
The Hills of Monticello Zoning Request
E
6) Front Yard - There shall be a front yard of not less
than thirty (30) feet, and 50% of the front yards
shall have not less than thirty five (35) feet.
7) Rear Yard - There shall be a rear yard of not less
than twenty (20) feet.
8) Side Yard - There shall be a side yard of not less
than ten (10) feet.
9) Side Yard Adjacent to a Street - A side yard adjacent
to a street shall not be less than twenty (20) feet.
10) Maximum Residential Density - The maximum . number of
allowed residential dwelling units for the
combination of Phase I and Phase II shall be .82
units per gross acre.
11) Reverse Frontage Lot - A side yard on a reverse
frontage lot shall not be less than twenty-five (25)
feet.
Home Owners' Association
A home owners association will be formed and will be
responsible for upkeep, maintenance, and improvements to all
common open space, recreational facilities, and landscaped
rights of way within the development.
The Hills of Monticello Zoning Request
7q- 9
r�i��l
ENGINEERING ANALYSIS
Roadways
The Hills of Monticello has been designed with two primary
entrances on Continental Boulevard, and a secondary emergency
entrance also on Continental Boulevard. The streets shall be
constructed of concrete, and shall be built to meet the City
of Southlake's standards.
Drainage
All street and drainage systems will be designed in
accordance with the city of Southlake subdivision criteria,
and no negative impact shall be experienced by neighboring
developments resulting from the development of the Hills of
Monticello.
Water Distribution System
The Hills of Monticello will be served by existing water
distribution facilities adjacent to the site. The extension
of the water lines within the subdivision will be designed
and installed in accordance with the city of Southlake
subdivision criteria.
Sewer Collection System
The Hills of Monticello sanitary sewer service will be served
by tying on to the existing TRA sewer line which goes through
the property.
The Hills of Monticello Zoning Request
7A-9 3(1/11
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City of Southlake,Texas
DEVELOPMENT SITE PLAN REVIEW SUMMARY
CASE NO: ZA 91-52 REVIEW NO: TWO DATE OF REVIEW: 09/27/91
PROJECT NAME: Development Site Plan - Monticello Addition
OWNER/APPLICANT: ENG/PLANNER/ARCHITECT:
Mekon, Inc. Washington & Associates
807 Forest Ridge, Suite 104 500 Grapevine Hwy. , Suite 375
Bedford, Texas 76022 Hurst, Texas 76054
Phone: (817) 267-4421 Phone: (817) 485-0707
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLAN RECEIVED BY THE CITY
ON 09/23/91 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 the requirements of our previous
review.
f
* It was decided during previous reviews that the Potomac Place
Drive and the Drive out of Timberlake would align prior to
final platting this portion.
* Denotes Informational Comment
cc: Mekon, Inc.
Washington & Associates
7A- 13
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4
CITY OF SOUTHLMMI TEXAS
ORDINANCE NO. 480-59
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLARE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLARE, TEXAS BEING
APPROXIMATELY A 12 6.9 4 ACRE TRACT OF LAND OUT OF THE W.E.
CROOKS SURVEY, ABSTRACT NO. 295, TRACT 2 AND HALL MEDLIN
SURVEY, ABSTRACT NO. 1038, TRACTS 2, 2A, AND 2B. ,
J.
(EXCLUDING THE "C-110 TRACT) , AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT VIA" FROM IISF-20A" SINGLE
FAMILY RESIDENTIAL DISTRICT TO I'PUD'I PLANNED UNIT
DEVELOPMENT RESIDENTIAL DISTRICT IN ACCORDANCE WITH
EXHIBIT "Bu ATTACHED HERETO AND 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 Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code,
the City has the authority to adopt a comprehensive zoning
ordinance and map regulating the location and use of buildings,
other structures and land for business, industrial, residential and
other purposes, and to amend said ordinance and map for the purpose
of promoting the public health, safety, morals and general welfare,
all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned
as SF-20A Residential under the City's Comprehensive Zoning
Ordinance; and
alake\medlin.rez -1-
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
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 and 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, sewage, 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
stekAmedt in.rn .2
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, sewage, schools, parks and other public
requirements; and
WHEREAS, the City Council of the City of Southlake, 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 to 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.
slake\medlin.rez -3- �y
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 126.94 acre tract of land out of
the W.E. Crooks Survey, Abstract No. 295, Tract 2 and
Hall Medlin Survey, Abstract No. 1038, Tracts 2 , 2A, and
2B (excluding the "C-1" tract) , and more fully and
completely described in Exhibit "A, " attached hereto and
incorporated herein.
From "SF-20A" Single Family Residential to "PUD" Planned Unit
Development Residential District.
The types, intensity, and density of land uses on the above tracts
shall be in accordance with the Exhibit "B" attached hereto and
incorporated herein for all purposes of this Ordinance. No
building permits shall be issued and no actual construction shall
commence on any portion of the PUD project until a Development Site
Plan is approved in accordance with the provisions of the
Comprehensive Zoning Ordinance and the property is platted in
accordance with City regulations. A City/ Developer Agreement must
be executed prior to or contemporaneous with final plat approval.
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 hereinabove 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,
alake\medlin.rtz -4- 19
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, sewage, drainage and surface water, parks
and other commercial needs and development of the community. The
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.
slake\medlin.rez
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 effective date of this ordinance;
and, as to such accrued violations and all pending litigation, both
civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may
be prosecuted until final disposition by the courts.
SECTION 9
The City Secretary of the City of Southlake is hereby directed
to publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public
hearing thereon at least ten (10) days before the second reading
slake\medlin.rez -6-
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 FIRST READING ON THIS 18T DAY OF
OCTOBERs 1991.
MAYOR
A EST:
Y SECRETARY
slakeWedlin.rez -T- /7,t
n
PASSED AND APPROVED ON SECOND READING ON THIS 15TH DAY OF
OCTOBER, 1991.
MAYOR
A EST:
aoau, X
ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: 10-7-r]l
ADOPTED:
EFFECTIVE:
slako\medlin.raz 'a' l7fi- A al
1
City of Southlake,Texas
M E M O R A N D U M
October 10, 1991
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, City Planner
SUBJECT: Landscape Ordinance
-------------------------------------------------------------
Staff requests that the Landscape Ordinance (Items #8A) be
tabled until the November 5, 1991 City Council meeting. i
The Planning and Zoning Commission made a few changes to the j
draft provided to the City Council at their last meeting.
The Commission should complete their review on Thursday,
October 17 .
i
It is anticipated that the Commission's recommendation should
be available for Council 's review on Tuesday, November 5,
1991 .
i
GL i
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SA
City of Southlake,Texas
CITY MANAGER
M E M O R A N_DU M
October 11, 1991
TO: Curtis E. Hawk, City Manager
FROM: Billy Campbell, Director, Department of Public Safety
SUBJECT: Burn Permit
------------------------
- ----------------------------------------
Attached is an amended version of the original Burn Permit
Ordinance. Also included is our current policy relating to burn
permits and their issuance.
Major Specifics Within the Ordinance
Included in Section 1 is a statement that the Council by ordinance
or resolution may set a fee for issuance of this permit to include
additional charges if the burning requires supervision by Southlake
Fire Services .
We may want to set a fee for the issuance of permits and/or on-site
supervision. We will up-date our current guidelines for issuance of
permits. For instance, a cooperation, company or individual wants
to burn some sort of material and wants fire apparatus to be.
assigned for the duration of the burn.
Wording in Section 2 includes chief fire official or his designee
may issue or decline burning permits depending on conditions. These
conditions will be set forth in policy by Director Wilson.
Section 3 refers to a permitee complying with all restrictions or
conditions of the permit.
Section 4 refers to a permitee not being exempt of responsibilities
during burning.
Section 5 refers to permittee kindling fire only on his property
unless other permissions are given.
Section 6 refers to conditions and disposition of flame producing
devices, hot ashes, cinders, smoldering coals, etc .
i
Section 8 refers to the removal of combustible or flammable waste ;
such as hay, grass, straw, weeds, litter, etc .
i
Section 11 includes penalties for violation of ordinance.
BC/r C
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Attachment
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SOUTHLAKE DEPARTMENT OF PUBLIC SAFETY
FIRE PREVENTION BUREAU
POLICY ON ISSUING CITATIONS FOR UNAUTHORIZED CONTROL BURNING.
The following is a list of conditions where an individual can be
issued a citation for unauthorized control burning.
1. If any person Kindles, or Maintains a Bonfire or Rubbish Fire,_
or Authorizes any such fire, and meets the following violation
elements:
A. Burning when the wind speed is above 15 MPH, or when the
humidity is below 30%.
B. Burning after receiving a previous warning from the Fire
Service Division.
C. Burning with-in 50 foot of any structure, unless they are
burning in an approved Burn Barrel, then they must be 15
feet from any structure.
D. Burning without a written permit, and having lived in the
city for over one year.
E. Burning after dark, unless a Special Permit has been
obtained from the Fire Services Division.
F. Violating the condition of the Permit and Ordinance while
conducting the burn.
G. Burning material prohibited by law.
H. Using a torch or any other flame producing device for
removing paint from any building or structure, without
having an approved Fire Extinguisher and or water hose
connectedto a water supply.
THE ABOVE SHALL BE USED AS -GUIDELINES FOR THE FIRE PREVENTION
OFFICER OR ANY FIRE SERVICES REPRESENTATIVE AUTHORIZED BY THE FIRE
CHIEF FOR THE ISSUANCE OF A CITATION.
City of Southlake,Texas
M E M O R A N D U M
August 5, 1991
TO: Billy Campbell, Director, Department of Public Safety
FROM: Don Wilson, Fire Chief
SUBJECT: Outside Burning
-------------------------------------------------------------------
From our conversation on Friday, August 2, 1991, concerning burning
permits, the following conditions may lead the Fire Services
Division to not issue burning permits. These conditions are in
addition to those coverning atmospheric conditions and the others
listed in the ordinance.
1. Fire Services equipment out-of-service. This problem will
usually be of short duration and should be a rare
occurrence.
2. Location of the burning site is hazardous due to
surrounding environment or the condition of the site to be
used. For example, the site may be located in an uncut
field that would allow for rapid spread if the fire did get
out of control or the site may be so located as to allow
the smoke to become a nuisance to a nearby structure.
3. Materials to be burned are not all of a cellulose nature
and the different items cannot be separated satisfactorily.
4. No fire protection, i.e. , water hose, is available at the
site to control the fire in the event of a problem or to
extinguish any remaining hot embers at the end of the day.
5. The permit is superseded by a Federal/State permit or
mandate. This may prohibit or grant permission to allow
the burning of the materials. For example, trench burners
may operate by permits issued by the Texas Air
Quality/Control Board when others may not or the EPA may
declare a moratorium on outside burning due to the
pollution level for that day or longer.
i
1
03 9
i
ORDINANCE NO. 545
AN O NANCE PROV DING FOR REGULATION AND CONTROL OF
OUTDOOR BURNING IN THE CITY OF SOUTHLARE, TEXAS;
REQUIRING THAT A PERMIT BE ISSUED PRIOR TO OUTDOOR
BURNING; REGULATING COMBUSTIBLE MATERIALS; 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 C o Southlake, Texas is a ty
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, a healthy and safe environment is a high priority for
the citizens of Southlake, Texas; and
WHEREAS, the City Council of the City of Southlake recognizes
the need for fire prevention and control of fire hazards in the
city of Southlake;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
No person may cause, suffer, allow, maintain, or permit any
outdoor burning within the City of Southlake without first
obtaining a permit from the chief fire official of the City of
Southlake or his designee prior to the outdoor burning. The City
Council may by ordinance or resolution set a fee for the issuance
of this permit. Such fee may include additional charges if the
burning requires supervision by Southlake Fire Services.
SECTION 2
Prior to issuing a permit, the chief fire official or his
designee shall determine that the burning will be conducted in a
slake\burning.ord(10191) '1'
safe manner. The chief fire official or his designee may determine
that the burning cannot be conducted safely, and decline to issue
a permit. The chief fire official or his designee may require that
in order to promote safe burning, restrictions be placed upon the
burning and conditions be met prior to the issuance of the burning
permit, and/or may require that the burning be supervised by
Southlake Fire Services.
SECTION 3
No person may cause, suffer, allow, maintain, or permit any
outdoor burning unless the burning is in complete compliance with
any restrictions or conditions placed upon the permit issued by the
City of Southlake.
SECTION 4
The issuance of a permit to conduct burning under this
ordinance does not exempt nor excuse any person responsible from
consequences, damages, or injuries resulting from the burning.
SECTION 5
No person shall kindle a fire upon the land of another without
permission of t owner thereof or his agent.
SECTION 6
Any rson using a torch or o er fla e-producing device or
removin paint in or on any buil ing or st cture shall pr ide an
approv d fire ext nguisher o water hos connected t the water
supp on the pre ises whe a such burnin is done. In all cases,
the erson doing he bur ing shall remai on th premises for one
hou after the to ch o flame-producing evi has been used.
QW
slake\burning.ord(10191) -2- SrS-3
SECTION 7
No person shall deposit hot ashes, cinder, or smoldering
coals, or greasy or oily substances liable to spontaneously
ignition, into any combustible receptacle, or place the same within
ten feet (101 ) of any combustible materials, except in metal or
other non-combustible receptacles. Such receptacles, unless
resting on a non-combustible floor or on the ground outside the
building, shall be placed on non-combustible stands and in every
case shall be kept at least two feet (21 ) away from any combustible
wall or partition or exterior window opening.
SECTION 8
Accumulation of waste paper, hay, grass, straw, weeds, litter,
or combustible or flammable waste or rubbish of any kind shall not
be permitted to remain upon any roof or in any court, yard, vacant
lot, or open space. All weeds, grass, vines, or other growth, when
same endangers property, or is liable to be fired, shall be cut
down and removed by the owner or occupant of the property.
SECTION 9
This ordinance shall be cumulative of all provisions of
ordinances of the City of Southlake, Texas, except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed.
SECTION 10
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
slake\burning.ord(10191) '3- ��
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 11
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 12
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 the regulation of outdoor burning 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 13
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
slake\burning.ord(10191) .4"
Q'"s
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 14
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
1991.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1991.
MAYOR
ATTEST:
CITY SECRETARY
s1ake\burn1n9.ord(10191)
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
slake\burning.ord(10191) -6-
7
s„
ji
(i
h ORDINANCE NO.
AN ORDINANCE PROHIBITING SETTING OF BONFIRES, !
t
OR BURNING OUTDOOR RUBBISH WITHOUT A PERMIT
RESTRICTING THE LOCATION THEREOF, AUTHORIZING
t
THE CHIEF OF THE FIRE DEPARTMENT TO PROHIBIT
OUT-DOOR RUBBISH, PROHIBITING KLNDIING OF FIRES
i
ON LAND OF OTHERS,RESTRICTING THE USE OF TORCHES
FOR REMOVING PAINT, R ESTRICTING THE ACCUMULATION
OF HOT ASHES AND OTHER DANGEROUS MATERIALS,
t
I PROHIBITING THE ACCUMULATION OF WASTE MATERIALS
t '
AND PROVIDING PENALTY THEREFOR.
WHEREAS, the City Council of the City of Southlake, recognizes the I
s�
need for fire prevention and control of fire hazards in the City of Southlake.
• BE IT THEREFORE ORDAINED THAT HEREAFTER:
�I
i (a) No person shall kindle or maintain any bonfire or rubbish fire or
L
authorize any such fire to be kindled or maintained on or in any public street, alley, i
road or other public ground without a permit or other proper authorization. During
construction or demolition of buildings or structures no waste materials or rubbish
shall be disposed of by burning on the premises or in the immediate vicinity without
having obtained a permit or other proper authorization.
is
�.
i, (b) No person shall kindle or maintain any bonfire or rubbish fire or
i authorize any such fire to be kindled or maintained on any private land unless (1) the
location is not less than 50 feet from any structure and adequate provision is made
j� to prevent fire from spreading to within 50 feet of any structure, or (2) the fire is
f� contained in an approved waste burner located safely not less than 15 feet from any ±
• i
I
f
i
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1
II
structure.
(c) The Chief of the Fire Department may prohibit any or all bonfires-
and fires when atmospheric conditions or local circumstances make
and out-door rubbish res I
t i
such fires hazardous.
I
I� (d) No person shall kindle a fire upon the land of another without
` permission of the owner thereof or his agent.
i
(e) Any person using a torch or other flame-producing device for
li removing paint from any building or structure shall provide one approved fire i
t
t extinguisher or water hose connected to the water supply on the premises where such
i
it burning is done. In all cases, the person doing the burning shall remain on the
►I -
I'ii premises 1 hour after the torch or flame-producing device has been used.
i
(1) No person shall deposit hot ashes or cinder, or smouldering coals.
�I or greasy or oily substances liable to spontaneous ignition, into any combustible
receptacle, or place the same within ten feet of any combustible materials, except
in metal or other noncombustible receptacles. Such receptacles, unless resting on
a noncombustible floor or on the ground outside the building, shall be placed on non-
combustible stands, and in every case shall be kept at least two feet away from any
combustible wall or partition or exterior window opening.
Accumulations of waste paper, hay, grass, straw, weeds, litter
;i
J: or combustible or flammable waste or rubbish of any kind shall not be permitted to
remain upon any roof or in any court, yard, vacant lot or open space. All weeds.
grass, vines or other growth, when same endangers property, or is liable to be
t�
(I fired, shall be cut down and removed by the owner or occupant of the property. i
r
i Any person, firm or corporation violating the provisions of this
Ordinance shall be punished at no less than $5.00 and no more than $200.00 for each
�i
ii
�� Ya g
' u i
i
i
t
separate day that the said offense might occur.
THIS ORDINANCE SHALL TAKE EFFECT AFTER THE PASSAGE AND ,
t
PUBLICATION AS REQUIRED BY LAVA. }
II
PASSED this _day of February, 1969.
I I
I MAYOR y
j; ATTEST:
R m '
I� CITY SECRETARY t
1� APPROVE
� w �
t:
G LENN GOODNIGHT,
ATTORNEY I
t
�it
ORDINANCE NO. 162-A
AN ORDINANCE AMENDING ORDINANCE 90.
162 TO GIVE AUTHORITY TO THE FIRE
MARSHALL, AS WELL AS THE FIRE CHIEF,
TO PROHIBIT THE KINDLING OF BOX-
AND OUT-DOOR RUBBISH FIRES.
WHEREAS, the City Council of the City of
Southlake, Texas, amends Ordinance No. 162, Paragraph
(c) as hereinafter set forth
BE IT THEREFORE ORDAINED THAT HEREAFTER:
(c) The Fire Marshal and/or Chief of the
Fire Department may prohibit any or all bonfires and out-
door rubbish fires when atmospheric conditions or local
circumstances make such fires hazardous.
BE IT FURTHER ORDAINED THAT:
The said Ordinance No. 162, except as amended
by this Ordinance No. 162-A, remains in effect in all other
respects as originally passed.
This Ordinance shall take effect after its
passage and publication, as required by law.
PASSED this 2nd day of December, 1969•
MAYOR jr
V
ATTEST:
CITY SECRETARY
APPROVED:
CITY ATTO 4EY
`rr�
City of Southlake,Texas
CITY MApNAGER
M E M O R A N D U M
October 10, 1991
TO: Curtis Hawk, City Manager
i�—
FROM: Lou Ann Heath, Director of Financ
SUBJECT: Ordinance 547
Texas Municipal Retirement System
Annual Updated Service Credit Authorization
TMRS has furnished an ordinance that provides for an
automatic annual updating of service credits and annuity
increases. This is the first time this option has been
available. In prior years, updated service credits and
annuity increases had to be annually approved.
The updated service credit provides for a recalculation of
retirement benefits based upon a member's average monthly
salary for the previous three year period. Retirement
benefits are updated based upon the higher wages earned in
more recent years.
Annuity increases recalculate monthly annuities to retirees
based on a maximum of 70% of the change in the Consumer
Price Index, less any previously granted increases.
Southlake currently has two retirees.
I recommend that Ordinance 547, authorizing the automatic
updated service credits and annuity increases be adopted by
the City Council. The last time Southlake adopted these
provisions was for 1991. Annual updates provide better
benefits for annuitants, and lessens the impact of updated
service credit increases on the City's annual budget.
r
1200 NORTH INTERSTATE 35. AC 512i476.7577
(fthXAS MUNICIPAL RETIREMENT SYSTEM POST OFFICE BOX 222S
AUSTIN.TEXAS 78768
September 20, 1991
Mrs. Sandra LeGrand
City Secretary
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
Dear Sandra:
Earlier this year we completed an Updated Service Credit/Annuity Increase study for your
City, and mailed the results of that Study to you.
We are now mailing you model ordinances to adopt the additional TMRS benefits that were
recommended in your City's Updated Service Credit/Annuity Increase study. If the City plans
to adopt these provisions, the ordinance must be adopted and received in our office prior to
January 1, 1992. It will be most helpful if we could receive your ordinance at the earliest
possible date, in that we have numerous changes to make in various membership records. In
addition, we will also need to notify the City's retirees of the change in their retirement
benefits.
Member cities of TMRS may adopt Updated Service Credits/Annuity Increases on an annual
kIw basis, and most member cities update their retirement programs each year. We would
especially encourage those cities who have not previously adopted these benefits, or whose last
adoption was several years ago, to take advantage of this opportunity to upgrade TMRS
benefits for both active employees and retirees. By adopting this ordinance, the City will not
have to adopt an ordinance each year to re-authorize calculations of these benefits, and the
Updated Service Credit/Annuity Increase will remain in effect for future years until such time
as it is discontinued by an ordinance adopted by the City Council.
We have already received ordinances from a number of cities thus far, adopting various
additional TMRS benefits, and have talked to other cities who have adopted these benefits but
have not yet mailed their ordinances to our office. Of the Updated Service Credit ordinances
received, 99% have adopted the automatic repeating Updated Service Credit provision.
The Texas Municipal Retirement System staff would like very much to have the opportunity of
working with you in upgrading your retirement program. If we may be of assistance to you in
this regard, please feel free to contact our office.
Sincerely,
W
ar� Anderson
;'JVA/dh
Assistant Director
Enclosure
8 e -9,
• T MRS-C/T-R
t .
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE AUTHORIZING AND ALLOW
UNDER THE ACT GOVERNING THE TEXAS MUNICIP
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS"
IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO AT THE EFFECTIVE DATE OF THE
ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY
OF SOUTHLAKE PROVIDING FOR INCREASED
PRIOR AND CURRENT SERVICE ANNUITIES FOR
RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN
EFF IVE DATE FOR THE ORDINANCE.
BE IT ORDAINED BY THE C IL OF THE CITY O SOUTHLAKE . TEXAS:
Section 1. Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle
G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS
ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as
the "System") who has current service credit or prior service credit in the System in force
and effect on the 1st day of January of the calendar year preceding such allowance, by reason
of service in the employment of the City of SOUTHLAKE (hereinafter called the "City"),
and on such date had at least 36 months of credited service with the System, shall be and is
hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section
853.402 of the TMRS Act).
(b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any
member of the System who is eligible for Updated Service Credits on the basis of service
with this City, who has unforfeited credit for prior service and/or current service with
another participating municipality or municipalities by reason of previous service, and was a
contributing member on January 1, 1991, shall be credited with Updated Service Credits
pursuant to, calculated in accordance with, and subject to adjustment as set forth in said
Section 853.601, both as to the initial grant hereunder and all future grants under this
ordinance.
(c) The Updated Service Credit hereby allowed and provided for shall be 100 % of the
"base Updated Service Credit" of the member (calculated as provided in subsection (c) of
Section 853.402 of the TMRS Act).
(d) Each Updated Service Credit allowed hereunder shall replace any Updated Service
Credit, prior service credit, special prior service credit, or antecedent service credit
previously authorized for part of the same service.
(e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS
Act, the deposits required to be made to the System by employees of the several
participating departments on account of current service shall be calculated from and after
the effective date of this ordinance on the full amount of such person's compensation as an
employee of the City.
Section 2. Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City
hereby elects to allow and to provide for payment of the increases below stated in monthly
benefits payable by the System to retired employees and to beneficiaries of deceased
9e-, - 3
Updated Service Credit/Annuity Increase Ordinance (Repeating) . . . (continued)
employees of the City under current service annuities and prior service annuities arising from
service by such employe:s to the City. An annuity Increased under this Section replaces any
annuity or increased annuity previously granted to the same person.
,,. (b) The amount of the annuity increase under this Section Is computed as the sum of the
prior service and current service annuities on the effective date of retirement of the person
on whose service the annuities are based, multiplied by 70 % of the percentage change In
Consumer Price Index for All Urban Consumers, from.member of the year immediately
preceding the effective date of the person's retirement to the December that is 13 months
before the effective date of this Section.
(c) An increase in an annuity that was reduced because of an option selection Is
reducible in the same proportion and in the same manner that the original annuity was
reduced.
(d) If a computation hereunder does not result in an increase in the amount of an
annuity, the amount of the annuity will not be changed hereunder.
(e) The amount by which an increase under this Section exceeds all previously granted
increases to an annuitant is an obligation of the City and of Its account in the municipality
accumulation fund of the System.
Section 3. Dates of Allowances and Increases. The initial allowance of Updated Service
Credit and increase in retirement annuities hereunder shall be effective on January 1, 1992,
subject to approval by the Board of Trustees of the System. An allowance of Updated Service
Credits and an increase in retirement annuities shall be made hereunder on January 1 of each
subsequent year until this ordinance ceases to be in effect under subsection (e) of Section
853.404 of the TZARS Act, provided that, as to such subsequent year, the actuary for the
System has made the determination set forth In subsection (d) of Section 833.404,of the
TMRS Act.
Section 4. Effective Date. Subject to approval by the Board of Trustees of the System,
this ordinance shall be and become effective on the 1st day of January 1992.
Passed and approved this the day of , 19
ATTEST: APPROVED:
City Secretary or Clerk Mayor
Ordinance No. 547
City of Southlake,Texas
��TY MANAGER
M E M O R A N D U M
October 10, 1991
TO: Curtis Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance'
SUBJECT: Ordinance 548
Texas Municipal Retirement System
1992 Retirement Plan Revisions
The fiscal year 1991-92 budget recently adopted made a
provision for increasing the matching ratio the City pays
for its retirement program through TMRS. Currently, the
City's matching ratio is 1-1/2 to 1, with employees
contributing 5% of salary. The budget incorporates a change
in the plan to a 2 to 1 matching ratio effective January 1,
1992.
The City's current contribution rate is 3.01% of total
salary with the 1-1/2 to 1 matching ratio. The proposed 2
to 1 ratio plan increases the rate to 4. 19%, plus .01% for
the increase in annuitants benefits, for a total rate of
4.20%. The 1991-92 budget for retirement benefits increased
approximately $30,000 from $80,000 to $111,000 to provide
for this additional benefit.
This plan change continues the Council's commitment to an
enhanced benefit package for employees. The rate increase
will become effective January 1, 1992. Please place this
item before the City Council for action.
I
I
i
i
I
is
di
J
ERAS MUNICIPAL RETIREMENT SYSTEM ► NORTH INTERSTATE 35. AC 512,476 7577
COSOS T OFFICE BOX 2225
AUSTIN.TEXAS 7a7ba
June 21, 1991 D i'►
JUN 2 819
Mrs. Sandra LeGrand
City Secretary OFFICE OF CITY
City of Southlake f MANAGER
667 North Carroll Avenue
Southlake, Texas 76092
Dear Mrs. LeGrand:
The Updated Service Credit and Annuity Increases study for your City has been completed.
Enclosed you will find the specifications used in computing the retirement and annuity
increase estimates and in calculating the City's contribution rate under the proposed plans of
Updated Service Credit and Annuity Increases. Also, we have enclosed benefit estimates for
both active employees and retirees under the various proposed plans.
In looking at the various proposed plans, you will note that under Plan 2, the City can adopt
100% Updated Service Credit, including the Updated Service Credit for 3 transfer member(s)
with unforfeited credit in other TMRS member cities. This plan would also provide for
adopting to increase the City matching ratio 2 to 1. In addition, the City could adopt Plan A
under Annuity Increases, which would grant each retiree an increase equal to 70% of the
(IIiiw change in the Consumer Price Index, less previously granted increases. If the benefits of Plan
2 (Updated Service Credit) and Plan A (Annuity Increases) are adopted, the City's 1992
contribution rate will be 4.20%. The City can adopt these benefits and will have twenty-five
years in which to amortize the additional cost.
The majority of TMRS member cities have been adopting Updated Service Credits/Annuity
Increases on an annual basis, and recent amendments to the TMRS Act will allow TMRS cities,
beginning effective January 1, 1992, to adopt an ordinance which will provide for annual
repeating calculations of Updated Service Credits/Annuity Increases. By adopting this
ordinance, the City will not have to adopt an ordinance each year to re-authorize calculations
of these benefits, and the Updated Service Credit/Annuity Increase will remain in effect for
future years until such time as it is discontinued by an ordinance adopted by the City Council,
the City adopts a change in either the employee contribution rate or City matching ratio, or
the City is not able to fund its retirement obligations over a 25-year period. We feel sure that
your City will want to adopt the annual repeating calculation of Updated Service
Credits/Annuity Increases, and we will be sending you a model ordinance in the near future.
Should you have any questions regarding the study, please feel free to contact our office. We
look forward to working with you in providing increased retirement benefits for your
employees and retirees.
Sincerely,
Gary W. Anderson
Assistant Director
GW A/dh
Enclosures
TMRS-F
r ORDINANCE NO. 548
TEXAS MUNICIPAL RETIREMENT SYSTEM
AN ORDINANCE PROVIDING FOR INCREASED
MUNIC1PAL CONTRIBUTIONS TO THE CURRENT
SERVICE ANNUITY RESERVE AT REMENT OF THE
EMPLOYEES OF THE CITY OF Sout a e _ TES.
BE IT ORDAINED BY THE CITY COUNCIL OF Southl ake , TEXAS:
That effective January 1, 1992 . for each month of current
service thereafter rendered by each of its employees who are members of the
Texas Municipal Retirement System, the City will contribute to the current
service annuity reserve of each such member at the time of his or her retirement,
a sum that Is 200%=2/1 (130% = I!4, 200% = 2/1) of such member's
accumulated deposits for such month of employment; and said sum shall be
contributed from the City's account in the municipality accumulation fund.
Passed and approved this the day of ,
19
ATTEST: APPROVED:
City Secretary or Clerk Mayor
7J— 3
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UPDATED SERVICE CREDIT AND ANNUITY INCREASE STUDY
EXPLANATION OF PLANS
The TMRS Act allows member cities to adopt Updated Service Credits and Annuity Increases,
providing cities the opportunity to upgrade retirement benefits for both active employees and
retirees who are currently receiving a monthly annuity from the System.
If the City adopts 100% Updated Service Credit effective January 1, 1992, a member's
retirement benefits will.be recalculated based on the member's average monthly salary for the
three-year period of 1988, 1989 and 1990, assuming the member had always earned that
average salary and made contributions to the System, matched by the City, on the basis of the
three-year average salary. In other words, a member's retirement benefits are "updated"
ion, if the City has increased the
based on the higher wages earned in recent years. In addit
employee contribution rate and/or the City's matching ratio, the new Updated Service Credit
will reflect those changes. If the City adopts Updated Service Credit of less than 100%, the
percentage adopted will be used in calculating the member's benefit credit.
The proposed plans on the Updated Service Credit and Annuity Increase study are prepared as
f ollows:
1) The first plan includes Updated Service Credit, along with the optional provisions
of S.B. 505 and/or 10 year vesting, if the City has not previously adopted these
provisions.
2) If your City has a matching ratio other than 2 to 1 or an employee deposit rate
other than 7%, additional plans will be shown with a higher City matching ratio or
a higher employee deposit rate. These plans will also include the optional
provisions of S.B. 505 and/or 10 year vesting if the City has not previously adopted
these provisions.
3) If your City requested any specific plans, these plans will also be shown.
The City also has the option to adopt increases in the monthly annuities being paid to its
retirees. Most cities adopt annuity increases along with Updated Service Credit, and do so
each year. The increase that can be granted to retirees is calculated based on a maximum of
70% of the change in the Consumer Price Index (CPI-U), less any previously granted increases.
The change in CPI is measured from December preceding the individual's actual retirement
date through December 1990.
Recent amendments to the TMRS Act allow member cities to adopt an ordinance effective
ing calculations of Updated Service Credits/Annuity
January 1, 1992, for annual repeat
Increases, which will help keep benefits in line with increases in em loyee's salaries: in
addition to protecting retiree's monthly annuities from the effects of inflation. In add,
cities that adopt the annual repeating calculations of these benefits will experience smaller
changes in their contribution rate on a year-to-year basis.
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KEEP AMERICA BEAUTIFUL, INC.
kw MILL RIVER PLAZA,,9 WEST BROAD STREET,STAMFORD.CT 06902.(203)323-M71 FAX:(203)325-9199
THE KEEP AMERICA BEAUTIFUL SYSTEM APPLICATION FOR CERTIFICATION
1.
*Community Population
2.
Organization sponsoring program (municipal agency, civic organization,
business firm, labor union, other)
3.
Official requesting certification (name, title, and phone number)
(mailing address) (zip)
4. Form of government:
Date of next local election: Offices to be filled:
5. Mayor/Chief Elected Officer of community:
Date contacted: How: By Whom:
ATTACH LEMR OF ENDORSEMENT FROM TIDE HIGHEST RANKING LOCAL MIGIAL
6. Director of Public Works/Sanitation:
Date contacted: How: By Whom:
His evaluation of the litter/solid waste situation at this time:
*Incorporated jurisdiction. If the program is county-wide, please answer
#4, 5 and 6 in terms of both municipal and county officials.
A national,nonprofit.education organization.with local atlifiates,dedicated to improving waste handling practices in American communities.
-2-
7. Have the local planners and/or engineers been informed of the plan to
begin the Keep America Beautiful System? YES NO
Will they assist with completion of the Photometric Index base line within
60 days after the organizational team is trained?
YES NO
8. Existing citizens' community improvement organizations (e.g. Chamber of
Commerce Beautification Committee, women's civic groups, planning board
advisory committee, conservation organizations) :
8. List of major employers in the community:
Name of Company No of Emplovees
10. KAB charges a certification fee to cover expenses for the training
kw workshop, counseling and monitoring , the certification meeting,
organizational team training materials and other KAB SYSTEM
post-certification materials. A program service fee equal to 10 percent
of the original certification fee is then payable on an annual basis.
This covers the cost of continuing monitoring and counseling, the monthly
newsletter NE TWOR for KAB coordinators, quarterly issues of the KAB
SYSTEM VISION,and program and project ideas,and materials,
Cost is determined by population:
CERTIFICATION FEE SC MDDL•E FOR SMALL COPRA MTIES
Population Certification Annual Program
Category Fee Service Fee
0 to 1,999 $500* $50
2,000 to 7,499 $850* $85
7,500 to 9,999 $1,000 $100
10,000 to 14,999 $1,500 $150
*By special arrangement ONLY with Director of Training &
Program Development.
Communities with a population of less than 15,000 must contact KAB, Inc. to
attend the Organizational Team Training Workshop in conjunction with gA
least three other communities paving the standard certification fees.
l 0 109"'62
-3-
,- 11. Is the community prepared to send a three-member organizational team to a
training workshop? YES NO Please indicate
the names and addresses of those who will attend the training workshop:
Local government representative:
Name
Title Department
Mailing Address & Phone Number
Business/Industry or Labor Union representative:
Name
Title Company
Mailing Address & Phone Number
Civic Organization Representative:
Name
Title Organization
Mailing Address & Phone Number
NOTE: Possible representatives from these sectors might include:
Local Gov't - sanitation, health or planning director, town engineer;
Business/Industry - community relations manager of a major employer,
Chamber of Commerce executive vice president, official of a local union;
Civic organization - chairman or official of beautification commission,
service club, civic pride organization or neighborhood association.
12. Is the community prepared to provide adequate funding for the first year
operating expenses? Estimated operating expenses range from $5,000 in
small communites to '$15,000 in large cities.
These expenditures usually cover meeting expenses, audio-visual materials
and equipment, stationery, postage, brochures, etc. -- not administrative
expenses such as salaries. All communities are urged to meet many of
their needs through donations of goods and services.)
13. Does the organization sponsoring the program agree to see that the
required organizational team (and later the Coordinator) files the report
forms, to be supplied by KAB, by deadlines to be specified?
YES NO
l0�- 3
-4-
14. Other resources available for adopting the program (funded by the city,
donated by business or provided by civic organizations):
ITEM SOURCE
KAB SYSTEM Coordinator
Secretarial help
Office Space
Telephone
Office services and supplies
15. . Recognizing that the Keep America Beautiful System is a comprehensive
program, requiring participants from all sectors of the community to hold
themselves responsible for the actions required to implement it,
understands
(name of sponsoring organization)
that its responsibilities include assisting the organizational team leader
in obtaining the cooperation of municipal agencies and such other aid as
may be required to complete the Litter/Solid Waste Survey, and using the
Photometric Index, establish the base line of litter accumulations, and
form a local organization, using the techniques prescribed by KAB, no more
than 60-90 days after the organizational team has been trained by KAB.
Signature (official requesting certification)
Date
Please return to: Training & Program Development
Keep America Beautiful, Inc.
9 W. Broad Street
Stamford, CT 06902
Doc #0034F
AMe'e"
KEEP AMERICA BEAUTIFUL, INC. v..
MILL RIVER PLAZA/9 WEST BROAD STREET/STAMFORD,CT06902/12031323-8987
(W A NATIONAL,NONPROFIT,PUBLIC EDUCATION ORGANIZATION
3 STEPS TO A CLn= CONITPITY
Over 400 cities, towns and counties in 40 states are implementing the Keep
America Beautiful System. Your community can join a growing number of KAB
affiliates working to improve their local environment. Here's how:
Step 1• Completion of an Application for Certification
Your local government or a sponsoring organization submits an application
to Keep America Beautiful, Inc. on behalf of your community. Included
with the application is a letter from your highest ranking public
official(s) endorsing the formation of your local KAB program.
Step 2• Payment of a One-Time Certification Fee
A certification fee is paid to Keep America Beautiful, Inc. based on your
community's population (see fee schedule). This initial membership is a
one-time fee and supports the development of your KAB System including:
training your community representatives at a one-day Organizational Team
Training Workshop, all training and informational materials to guide
early program development, the field visit by a KAB National
Representative to conduct the certification meeting and to guide and
counsel your local leaders in developing the most effective program for
your community, and includes your official KAB affiliation as part of the
national network.
Step 3• Attendance at the Organizational Team Training Workshop
Three community representatives attend a one-day training workshop where
team members learn how to adapt KAB's methods to your community (see
attached). They receive training on KAB's fact gathering techniques (the
Photometric Index and Litter Solid Waste Survey). These fact gathering
tools provide your community with a baseline measurement from which to
evaluate and develop an action plan to work toward a cleaner
environment. The team is given step-by-step instruction from KAB's
professional training staff and receives "how to" manuals and other
materials to help in the organization and development of your local
program. All costs for complete training and materials are covered by
the certification fee.
To ensure a new affiliates success after the workshop, KAB provides support
and monitoring to complete the tasks outlined at the training. Once your
program is organized, a KAB National Representative travels to your community
to conduct the certificaton meeting and training.
But, it doesn't stop there. KAB sponsors training sessions and education
conferences, develops educational materials, curriculum guides and information
manuals. Importantly, KAB is a network of good ideas sharing success stories
and program ideas on what's working in other KAB System programs across the
country.
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KEEP AMERICA BEAUTIFUL, INC. ` -
, T.
Xn
MILL RIVER PLAZA 19 WEST BROAD STREET/STAMFORD,CT 06902/12031323-6987
A NATIONAL,NONPROFIT,PUBLIC EDUCATION ORGANIZATION
THE KEEP AMERICA BEAUTIFUL SYSTEM
ORGANIZATIONAL TEAM TRAINING WORKSHOP
A KAB Organizational Team Training Workshop is a 1 day, intensive
training session that provides a team of community representatives
with the tools to build an effective, organized KAB program in their
community. (Attendance at a workshop is a required step in the
process leading to KAB certification. ) The workshop is conducted by
two or more specially trained representatives, some of whom serve as
coordinators in successful local programs. These trainers have
first-hand knowledge of the problems local KAB programs face, and
can instruct you in ways to make the most of your KAB program. They
are your first contact with the KAB "network"--a sharing of
information and encouragement among the more than 400 local KAB
System programs across the nation.
In the opening session, you will hear an overview of the workshop' s
agenda and the behavioral principles on which the KAB System is
based. Five major objectives are covered in the course of the
workshop:
I . Gaining a Thorough Knowledge of the Development of KAB
a) why traditional litter programs failed and KAB evolved
b) how and why KAB developed nationally
c) how KAB gets started and developed locally
II . Understanding the Keep America Beautiful System
a) the goals of KAB
b) the definition of KAB as "a behaviorally-based systems
approach to changing attitudes and practices relating to solid
waste handling"
c) how attitudes are changed
d) how management by objectives insures program efficiency
III . Learning How to Develop an Organizational Team Action Plan
Detailed information is provided on how to turn the "theory"
of KAB into a systematic, practical plan for establishing a
program in your community. This will include building your
internal KAB organization as well as bringing it to other
organizations in the community to gain their support .
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IV. To Learn How Certified Communities Develop and Implement
Programs to Cause Change
Using what was learned in objective three, the organizational
team actually puts together its written plan. KAB staff help:
each team in the preparation of the action plan, which is ther
immediately available for team members to bring home to their
community.
V. To Become Registered As a Pre-Certified KAB Community
At the successful completion of workshop training, the
community is officially recognized by KAB as pre-certified an(
the team members are recognized as local "experts" who will
bring the KAB System message back to their communities and
begin implementation of this comprehensive community
improvement and litter abatement program.
2930
KEEP AMERICA BEAUTIFUL, INC. °,q, TX.�,T`nv-
MILL RIVER PLAZA 19 WEST BROAD STREET/STAMFORD,CT 06902/(203)323-8987
A NATIONAL,NONPROFIT,PUBLIC EDUCATION ORGANIZATION
PBOFILBS
THE KEEP AMERICA BEAUTIFUL SYSTEM ORGANIZATIONAL TEAM MEMBERS
Each community seeking certification in the Keep America Beautiful System must
send a Team to a KAB Organizational Team Training Workshop. The Team must
consist of at least three members (one from municipal or county government,
one from business/industry or labor, and one from a civic organization) .
These three individuals will be trained in their specific responsibilities to
be completed in the 60-90 day period between the Training Workshop and the
official certification of the community-wide KAB program.
These profiles are provided to assist the community in finding appropriate
people to serve on the Team. All Team members should be aware of the need for
cooperation and mutual decision-making, the importance of involving the entire
community in the KAB System at the appropriate time, and the necessity to show
results from their efforts. They should understand the value of voluntary
involvement to achieve community improvement, as well as ways in which the
resources, time and talent of the entire community can be utilized to bring
about the best results.
At the beginning of the Organizational Team Training Workshop, the training
staff will ask which of the Team members will be assuming which of the three
"Profiles" specified below.
(W
TEAM MEMBER 1
This Team member, who serves as the Team Leader, will have overall
responsibility for Committee Development (internal organization).
Responsibilities include organizing the community and securing support and
involvement of appropriate decision makers from throughout the community. He
or she should have an excellent understanding for the KAB System and have a
personal reputation as someone who is a good manager and results-oriented.
Specific duties will include working with appropriate people to:
- Determine the organizational makeup of the citizens' organization
- Decide legal structure of the organization
- Secure a City Council resolution endorsing the Keep America Beautiful
System or articles of incorporation (and, where necessary, apply for
the proper IRS designation for solicitation of public contributions)
- Draft by-laws for the organization
- Identify potential members and the Chairman of the citizens
organization, and offer their names to whomever will appoint them
- Supervise arrangements for the all organizational meeting.
This team member is also responsible for seeing that the Litter/Solid Waste
Survey is completed by the appropriate Public Works or Sanitation official.
The survey examines the practices which presently determine how trash is
managed in the community, and studies ordinances, technology, enforcement and
educational programs relating to litter control and the handling of trash.
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This Team member will be responsible for Administration (external
organization). He or she should have contacts within the business community,
especially with people who are in the position to provide financial support
through cash donations or in-kind contribu. ?.ons.
Specific responsibilities include:
- Identifying available resources to secure a local KAB Coordinator,
office, funding, in-kind contributions, etc.
- Finding a person or company willing to donate time and/or materials
for the creation of a logo and special communications materials.
- Develop a plan to address various organizations within the community
on the upcoming KAB program. This communications/awareness effort
will describe how the successful implementation of the KAB System
must involve citizen support from businesses, civic groups, local
government, schools and the media.
At a later date, the same groups might be asked to make commitments toward the
KAB Program. For this reason, efforts should be coordinated between this Team
member and the one responsible for committee development. Further cooperation
between the two members is also needed to determine the appropriate structure
for the citizens' organization.
TEAM MEMBER 3
This Team member will have responsibility for completing the base line
Photometric Index.
The Photometric Index was developed for the Keep America Beautiful System by
the American Public Works Association. It is a technique for measuring
accumulations of loose trash (litter) at randomly-selected, but specific,
locations within a representative sample area of the community as a whole, in
terms of land use and per capita income. The measurement process requires the
taking of 80-120 slides at these locations and, using a grid overlay, indexing
the spatial distribution of litter in the photograph. While the P.I. is a
very specific procedure, proper assistance from professionals in municipal
planning, engineering, public works and sanitation will insure that the P.I.
will be done properly and on time. (The involvement of these individuals will
largely be limited to conducting the base line measurement, since the
follow-up measurements merely replicate the base line process.) Follow-up
Indices taken once a year will guide your program efforts. The P.I. helps you
prove your program effectiveness to local public officials and provide
positive reinforcement for persona' involvement in the KAB program for the
community at large.
This team member should, generally, understand why random sampling is
important in securing valid measurements. He or she should understand, too,
why the procedure and circumstances under which the base line Index is taken
must be consistent with follow-up measurements.
308F
KEEP AMERICA BEAUTIFUL, INC. �` v
_ T.
1n
MILL RIVER PLAZA/9 WEST BROAD STREET/STAMFORD,C7106902/(203)323-8987
A NATIONAL,NONPROFIT,PUBLIC EDUCATION ORGANIZATION
KEEP AMERICA BEAUTIFUL SYSTEM - Certification Fees and Services
One-Time Annual
on Certification Fee Program Service Fee
Up to 14, $ 1,500 $ 150
15,000-30,000 2,000 200
30,000-50,000 2,500 250
50,000-75,000 3,000 300
75,000-100,000 3,500 350
100,000-175,000 4,000 400
175,000-250,000 0 450
250,000-325,000 500
325,000-400,000 5,50 550
400,000-475,000 6,000 600
475,000-600,000 6,500 650
600,000-700,000 7,500 750
700,000-850,000 8,500
850,000-1,000,000 or more 10,000 1,
The one-time Certification Fee supports the initial development of a loc KAB
SYSTEM. KAB's services to new KAB SYSTEMs include:
* training KAB SYSTEM Organizational Team at 1 day Pre-Certification
Workshop, where communities develop plans for the first 60-90 days of
the program,
* individual copies of the KAB SYSTEM Pre-Certification Manual for each
Organizational Team member, to guide early program development,
* one copy of the KAB SYSTEM Post-Certification Manual, to direct
activity of the KAB SYSTEM "clean city committee" and its
subcommittees for business/industry, civic groups, the media, local
government and schools and
* one copy of the KAB Program Manual, containing 21 model programs to
implement in your community
* up to two visits to the community by KAB field staff and/or National
Representatives during the first year of program implementation, to
conduct the certification meeting, and to counsel local leaders.
The Certification Fee also covers the first year of KAB's services to
maintaining program quality in certified KAB SYSTEM communities.
In subsequent years, the Program Service Fee covers KAB monitoring and
counseling, the monthly Network (an information-sharing publication among 400+
cities) and the quarterly KAB Vision (an update on national progress of the
KAB SYSTEM).
SYSTEMS are encouraged to participate in other activities throughout the
year such as KAB's three awards programs, the annual KAB SYSTEM National
Coordinators' Conference and the KAB SYSTEM Coordinators' Institutes. Access
isalso made availabe to resource materials and computer data on successful
YQ AME9 RecycledB SYSTEM programs maintained at KAB Headquarters in Stamford, Conn.
i
Paper
BF�uT�
(MW
Tips For Preventing
Litter in Your Town
WHY DO PEOPLE LITTER?
Litter is misplaced, improperly handled solid waste. In a three-year research project,
Keep America Beautiful, Inc. found that three attitudes predominate most people's thinking
about handling waste. They feel it's O.K. to litter:
• where they feel no sense of ownership for the property
• where someone else will clean up after them
• where litter has already accumulated
WHERE DOES IT COME FROM?
Although motorists and pedestrians are most often blamed for litter, Keep America Beautiful
identified seven sources that contribute to the problem. They are:
• commercial refuse sources, • uncovered vehicles
including dumpsters • loading docks
• household trash handling • motorists
• construction/demolition sites • pedestrians
From these sources, litter is carried in every direction by wind, water, and traffic. It moves
until trapped by a curb, wall, fence, a row of trees, a building, or other stationary object.
Once trapped, litter becomes not only an eyesore, but an invitation for people to add more.
THE COST OF LITTER
Litter is a costly problem. City, county, and state highway departments spend millions of
dollars and many hours each year cleaning up litter—money and time that could be used for more
needed services. In Texas, $20 million is spent annually to remove litter from roadsides. In Georgia,
500 workers attack the litter problem along state roads each day. Cleaner communities also have
a better chance of attracting new businesses than those where litter is common.
There are many things we can do to improve our waste handling practices and reduce litter.
The tips on the back of this sheet describe a number of these activities.
Y y Keep America Beautiful,Inc.,is a national,non-profit public education organization dedicated
to improving waste handling practices in American communities. Printed on recycled paper.
12 WAYS THAT YOU CAN PREVENT LITTER
There are many ways that you can help make your community cleaner.
Here are 12 suggestions:
• Set an example by not littering.
• Pick up one piece of litter every day.
• Teach your children the proper way to dispose of their trash. Show them the difference between
a clean area and an area spoiled by litter and stress ways they can prevent litter.
• Make sure that your trash cans have lids that can be securely attached. If you have curbside
trash collection service, don't put out open containers or boxes filled with trash.
• Carry a litterbag in your car. Ask local businesses to buy car litterbags and distribute them to
customers. Encourage them to print their name and an environmental message on the bag.
• Ask your neighbors to join you in cleaning up one public area where litter has accumulated.
Ask your local Department of Public Works to become involved by collecting the bags of litter,
or by waiving the disposal fee at the landfill or solid waste facility.
• Start a litter receptacle fund drive to place more litter baskets around your community.
• If you or a member of your family is involved in a civic group, scouting, or recreational sports
program, encourage the group to become involved in a cleanup. In some communities, groups
can earn cash by separating recyclable products from litter and redeeming them. Or have the
group "adopt" a spot and maintain it on a regular basis.
• Find out how you can plant and maintain flowers along a curb or sidewalk. People litter less
where areas have been beautified.
• Ask business owners to check their dumpsters every day to make sure tops and side doors are
closed. If they have a loading dock, ask them to keep it clean and put out a receptacle for
employees to use.
• If you own a construction or hauling business, make sure your trucks are covered when transporting
material to and from sites. Use snow fencing around construction or demolition sites to prevent
debris from being blown to other areas. Put trash containers on every floor for construction
workers.
• Ask a local Chamber of Commerce or civic group to start an awards program that recognizes
individuals, groups, and businesses for their litter prevention or beautification efforts.
The most successful way to prevent littering in your community is to have an ongoing, organized
program that involves local government, businesses, civic groups, the media, schools, and
private citizens.
Keep America Beautiful offers communities of every size such a program, the KAB SYSTEM.
The SYSTEM trains local leaders and residents to respond to improper solid waste handling practices
and to sustain a program's litter reduction.The SYSTEM was introduced by Keep America Beautiful
in 1976 and is now in place in over 450 communities and 17 states nationwide.The SYSTEM has
been shown to reduce litter by an average of 49%after a community has been an affiliate of KAB
for three years, and by up to 88%.
For information on the KAB SYSTEM, write to: Keep America Beautiful, Inc., Training
and Program Development, Mill River Plaza, 9 West Broad Street, Stamford, CT 06902.
City of Southlake,Texas
CITY MANAGE
MEMORANDUM D�' _
October 11, 1991
TO: Curtis E. Hawk, City Manager
FROM: Lou Ann Heath, Director of Finance
SUBJECT: Utility Audit Contract
---------------------------- --------------------------------
Marilynn Brown of Ben Sanford & Associates has contacted me
regarding a utility audit for the City of Southlake. This
company reviews Southlake billings for overcharges. This
audit is of charges made to Southlake for utilities.
Their fee is 60% of any overcharge recovered. No fee is due
if no overcharge is found.
The City Council must approve the contract. We will provide
letters of agency to all of our utility companies, Lone Star
Gas, TU Electric, Tri-County, GTE, etc. , authorizing Ben
Sanford & Associates to investigate Southlake's billings.
I recommend this agreement be presented to the City Council
for approval.
LAH/kb
Ben Sanford & Associates, Inc.
Utilities Consultants
August 7, 1991
Ms. Lou Ann Heath
CITY OF SOUTHLARh
667 N. Carroll Ave.
Southlake, Texas 76092
Dear Ms. Heath:
We would like to audit your utility billing. There is a better than average
chance you are overbilled and entitled to a significant refund.
We have never found any intentional overbilling. To the contrary, most utility
companies are very concerned about billing properly. However, complicated tariff
provisions and rapidly changing rates have made it very difficult to bill
correctly. To underscore this fact, in the past seven years we found billing
error and obtained refunds for 75% of our clients. Contacts are noted on the
reference list enclosed.
Our fee is based on a percentage of the refund. No Refund; No Fee. For you,
it's easy, simple, and requires little time.
If you wish to go ahead with the audit, all you will need to do is complete and
sign an Agreement, type a letter of agency on your letterhead, and send them to
me with a list of your telephone billing numbers. We do not need all your phone
numbers, just the ones that produce a bill. We will order all appropriate
records from the telephone companies.
For more information, or to get started, just call or write at the address and
telephone numbers listed below. I will be in touch.
Sincerely,
m
Marilynn Brown
Sales Manager/Consultant
,l111)13 '0Z
2100 H%-Y. 360. SLTTE 404 • GRAND PRAIRIE.TEXAS 75050 0 214/660-2099 • 214/647-1770(METRO)
J
WHY YOU SHOULD USE OUR FIRM FOR A BELLING AUDIT
1. OUR EXPER NCEs We have audited utility bills for hundreds of clients from across the
country over the past eight years. Fuxlwg errors is not the hardest part of this process; collecting
the full refund is much more difficult We have ongoing professional relationships with many utility
business offices and management. This, plus the fact that we've established precedents with the
telephone and electric companies, with occasional assistance from the Public Utility Commission,
will help get you everything that is owed
2 OUR RESOURCES: We maintain both current and vintage tariffs for vital billing areas. We
want to ensure that the optimal rate legally allowed is applied to your billing. Auditing utility bills
without the tariffs is hike practicing law without a legal library.
3. YOUR COST: There is NO CHARGE if there is no refund, our fee is based on the amount
recovered. We simply receive a percentage of the refund. We invoice after you get cash or credit
from the utility.
4. YOUR SAVINGS: You keep ALL future savings. We almost always reduce our client's billing.
Last year 70% of our clients received refunds, but an even greater percentage got lower monthly
bills.
5. YOUR TEK& We do most of the work. Your involvement is minimal.
HOW CAN YOU LOSE?
THE SPECIFIC SERVICE CONSISTS OF:
1. Review and tariff analysis of current and prior utility billings.
2 Review of equipment rental charges from AT&T, GTE and others.
3. A Predominant Usage Study for electricity sales tax, if appropriate.
4. Elimination of erroneous billing and correction of the records involved.
5. Pursuit of refunds from the utilities.
1494-13
t
1
GENERAL REFERENCES
,., American Automobile Association Business Records Corporation
3000 Southwest Frwy- 7501 John Carpenter Frwy
Houston, Texas 77098 Dallas, Texas 75247
Mr. Manuel Cavazos Ms. Becky Morgan
i 133//524-1851 214/905-2203
1988
Srtematics, Inc. Community Bank
x B American Services, Inc.) P.O. Box 580
. Box 292 500 S. Morgan
Fort Worth, Texas 76101 Granbury, Texas, 76048
Mr. Fred Webb Mr. James Morns
817/354-2124 817/573-2265
1989 1989
City of Dallas City of Houston
3130 Dawson 500 Jefferson
Dallas, Texas 75226 Houston, Texas 77007
Ms. JudyShaw Mr. Buddy Ruby
1988670- 985 713/658-3841
1990
City of Richardson Rauscher Pierce Refsnes
P.O. Box 830309 700 North Pearl
Richardson, Texas 75083 Dallas, Texas 75201
Ms. Jan Slagle/Mr. Dan Parker Mr. David M. Henry
1988 8-413 4144 214/978-5775
1988
Dallas I.S.D. Fort Worth I.S.D.
3700 Ross Avenue 3210 W. Lancaster
Dallas, Texas 75250 Fort Worth, Texas 76710
Mr. Bill Jones Mr. John Sawyer
214/824-1620 817/336-8311
1983 1988
TRW Information Services Sonitrol of Dallas, Inc
12606 Greenville Ave. 4309 Irving Ave.
Dallas, Texas 75243 Dallas, Texas 75219
Mr. Tom Simes Mr. David Cronk
214/699-6007 214/522-2850
1989 1989
Austin College Texas State Technical
P.O. Box 1177 Institute - Harligen
Sherman, Texas 75091 P.O. Box 2628
Ms. Jessie Lea Patrick Harligen, Texas 78551-2628
214/709-2613 Mr. Mike Buck
1989 1988
Arlington Memorial Hospital Dallas Chamber of Commerce
800 W. Randol Mill Road 1201 Elm Street, Suite 2000
Arlington, Texas 76012 Dallas, Texas 75270
Mr. Wayne Clark Mr. Neal Keahey
817/548-6535 214/746-6600
1989 1988
AUDIT AGREEMENT
Ben Sanford & Associates, Inc. (hereinafter referred to as BSA) agrees to acquire and audit all
records issued by appropriate telephone utilities and vendors, as well as audit client-provided
electrical billings. The Client (identified below) agrees to authorize BSA or its representatives as
Agents in dealing with the billing entities by written Letter of Agency, and agrees to support BSA,
or its representatives in their negotiations with billing entities.
Client:
Address:
City & State:
Telephone:
If any overcharges are discovered by BSA, the resulting refunds or credits, if any, will be divided
in the following manner:
Client agrees to pay sixty percent (60%) of all refunds obtained by BSA as a result of this process
or any part thereof. Payment is due within ten (10) days from receipt of such refunds, whether in
the form of cash, credit to accounts, in-kind contributions, or other forms of payment, credit, or
patronage. BSA shall not participate in subsequent monthly savings realized by the Client. If,
despite good faith efforts on the part of Client and Consultant, no refunds are obtained, there
Is no fee. Service provided under this Agreement shall be for (please initial):
1. Telephone
2. Electric
Offered by: Accepted by:
l
Marilynn BrownQ Name
Ben Sanford & Associates. Inc.
Company Company
Consultant 8�� q
Title Liate '-- Title Date
SAMPLE "Letter of Agency"
Instructions: Type one letter, as shaven, on your letterhead.
(We will send appropriate copies to each firm.)
Send the letter to BSA at our address below:
(Today's Date)
Southwestern Bell Telephone Company
AT&T
GTE of the Southwest
All other Telephone Service & Supply Co's
To Whom It May Concern:
(YOUR COMPANY'S NAME) has retained Ben Sanford and Associates, Inc. as our authorized
agent to interface with your company regarding all aspects of our communication systems and
services.
The agency authorization shall continue in effect until you are notified of its cancellation in writing.
This authorization shall in no way preclude (YOUR COMPANY'S NAME), or any other
authorized agents, from dealing directly with you.
Upon their request, please send any correspondence to:
BEN SANFORD & ASSOCIATES, INC.
2100 Hwy 360, Suite 404
Grand Prairie, Texas 75050
214/660-2099
Sincerely,
(YOUR NAME)
(TITLE)
cc: Ben Sanford & Associates
40 x;-lv
v
SAMPLE 'Letter of UcnSe
(TYPE ON YOUR )
(today's date)
TO: Local Utility Company
Address
TO WHOM IT MAY CONCERN:
(YOUR COMPANY NAME) has retained Tri-Stem, Inc. as our agent to interface with your
company regarding our billing for prior periods. The agency authorization shall continue in effect
until you are notified in writing of its cancellation.
We will appreciate your cooperation with Tri-Stem. They will research and negotiate on our behalf
in matters involving prior billing. All communications regarding these matters should be with Tri
Stem.
Please send copies of all correspondence between you and Tri-Stem to us to the attention of
Any refunds that might result from this should be issued by check to be made payable to
and mailed directly to us.
Sincerely,
(YOUR NAME)
cc: Tri-Stem, Inc.
7543 Bosque Blvd, Suite H
Waco, Texas 76712
.:::.You will need to provide Tri-Stem with a letter of agency for each utility company whose bills
they will audit.
The letter should be typed on your stationery, signed by the appropriate representative and the
originals sent to Tri-Stem. Tri-Stem will hold these letters of agency in their file until ready to
contact the utility company on your behalfi
City of Southlake,Texas
CITY MANAGER
MEMORANDUM N�R=r
October 9 , 1991
TO: Michael H. Barnes, Director of Public Works
FROM: Eddie Wilson, Code Enforcement Officer `
SUBJECT: Revisions to Proposed Sign Ordinance
-------------------------------------
Attached is the revised sign ordinance that includes changes
recommended by both the Planning and Zoning Commission and ;
Wayne Olson, City Attorney.
i
i
Paragraphs that have been added are denoted by an
asterisk (*) in the margin. Clauses that have been added
within paragraphs are denoted by an underline.
If you require additional information, please contact me.
EW
cc Curtis E. Hawk, City Manager
attachment
t
f!
S
SIGN ORDINANCE
TABLE OF CONTENTS
ARTICLE I - IN GENERAL
SEC. 1 Definitions 2
A. General . . . . . . . . . . . . . . . . .
B. Type of Signs . . . . . . . . . . . . . . . . . 3
ARTICLE II - ADMINISTRATIVE
SEC. 2 Sign Permit Required . . . . . . . . . . . . . . . . 6
SEC. 3 Application for Sign Permit . . . . . . . . . . . . 6
SEC. 4 Fees . . . . 6
SEC. 5 Conditional Sign Permit . . . . . . . . . . . . . . 7
SEC. 6 Permit Revocable . . . . . . . . . . . . . . . . . . 7
SEC. 7 Inspection . . . . . . . . . . . . . . . . . . . . . 8
SEC. 8 Permit Length 8
SEC. 9 Investigation Fees: Work Without a Permit 8
SEC. 10 Removal of Signs
A. Obsolete Signs . . . . . . . . . . . . . . . . 8
B. Unsafe Signs 8
C. Signs on Utility Poles 9
D. Signs in Right-of-Ways . . . . . . . . . . . 9
ARTICLE III - APPEALS AND VARIANCES
SEC. 11 Appeals . . . . . . . . . . . . . . . . . . . . . . 9
SEC. 12 Variances . . . • • • • • • • • • • • ' ' ' ' 9
SEC. 13 Jurisdiction . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IX - GENERAL SIGN PROVISIONS
SEC. 14 Wind Pressure and Dead Load Requirements . . . . 10
SEC. 15 Maintenance of Signs . . . . . . . . . . . . . . . . 10
SEC. 16 Signs Exempt From Permit . . . . . . . . . 11
A. Weekend Directional Signs . . . . . . 11
B. Political Signs . . . . . . . . . . . . . . . . 11
C. Construction/Development . . . . . . . . . . . 11
D. Real Estate Signs . . . . . . . . . . . . . 11
E. Season Decorations and Displays . . . . . . . . 12
F. Window Signs . . . . . . . . . . . . . . . . . 12
�A-��
SEC. 17 Pole Sign Regulations . . . . . . . . . . . . . . . 12
SEC. 18 Permanent Signs Requiring Permit
A. Attached Sign . . . . . . . . . . . . . . 12
B. Monument Sign . . . . . . . . . . . . . . . 13
C. Pole Sign . . . . . . . . . . . . . . . . . . 13
D. General Business Sign . . . . . . . . . . . . . 14
E. Directory Sign . . . . . . . . . . . . . . . . 14 .
F. Identification . . . . . . . . . . . . . . . 14
G. Multi-Purpose Sign . . . . . . 14
H. Reader Board Sign . . . . . . . 15
I . Subdivision . . . . . . . . . . . . . . . . . 15
SEC. 19 Temporary Signs Requiring Permit
A. Banners, Flags, Pennants, & Streamers 16
B. Balloons and Other Floating Devices . . . . . . 16
C. Model Home Sign . . . . . . . . . . . . . . . . 16
D. Special Purpose Signs . . . . . . . . . . . . . 16
SEC. 20 Billboards . . . . . . . . . . . . . . . . . . . . . 17
SEC. 21 Prohibited Signs
A. Obscene Signs . . . . . . . . . . . . . . . . . 17
B. Obstructing Doors, Windows, or Fire Escapes . . 17
C. Obstructing Vision . . . . . . . . . . . . . 17
D. Interference With Traffic . . . . . . . . . . . 18
E. Signs Attached to or Suspended From
Buildings, Poles, Sidewalks, etc. . . . . . . . 18
F. Painting, Marking, etc. , Streets, 18
Sidewalks, Utility Poles, etc. . . . . . . . .
G. Attaching Advertising Matter to Fences,
Utility Poles, Street Signs, etc. . . . . . . . 18
H. Vehicular or Portable Signs . . . . . . . . . 19
I . Certain Illuminated Signs Prohibited . . . . . 19
J. Signs Projecting On/Over Public Property . . . 19
K. Roof Signs Prohibited . . . . . . . . . . . . . 19
L. Non-Defined Signs . . . . . . . . . . . . . . . 20
SEC. 22 Nonconforming Existing Signs . . . . . . . . . . . 20
SEC. 23 Exempt Signs . . . . . . . . . . . . . . . . . . . . 20
SEC. 24 Sign Ideology . . . . . . . . . . . . . . . . . . . 21
SEC. 25 Penalty . . . . . . . . . . . . . . . . . . . . . . 21
PURPOSE
This ordinance is enacted to protect the health, safety, welfare,
convenience, and enjoyment of the general public by providing for
uniform standards for the location, spacing, height, setback,
lighting, and other regulation of signs within the City of
Southlake. The purpose of this Ordinance is to:
Preserve, protect, and enhance areas of historical,
architectural, cultural, aesthetic, and economic value regardless
of whether they are natural or manmade;
Protect adjacent and nearby properties, in particular,
residentially zoned properties from the impact of lighting, size,
height, movement, and location of signs;
Protect the safety and efficiency of the City's transportation
network by reducing the confusion or distraction to motorists and
enhancing the motorist's ability to see pedestrians, obstacles,
other vehicles, and traffic signs;
Enhance the impression of the City which is conveyed to
tourists and visitors by controlling the location, number, and
size of signs; and
Integrate sign regulations more effectively with other
regulations by establishing requirements for setbacks, height, and
spacing to allow for lighting, ventilation, and preservation of
views in a manner consistent with land uses in the various zoning
districts .
-1-
ARTICLE I - IN GENERAL
SEC. 1 DEFINITIONS
A. GENERAL
ACTIVITY means any person, business, organization or other
entity.
ALTER means to change the size, shape or outline, intent,
or type of sign.
BILLBOARD any sign which promotes or advertises commodities
or services and the erection or maintenance of the sign of primary
use of the land upon which the sign is located. A billboard sign
shall include, but is not limited to those signs whose message
space is available for lease, rent or hire, separate and apart from
any commodity or service which is not limited to being offered
solely on the premises on which the sign is located.
BUILDING means a structure which has a roof supported by
walls for the shelter, support, or enclosure of persons, animals,
or chattel .
BUILDING OFFICIAL means the Building Official of the City
of Southlake, Texas, or his designee.
ERECT shall mean to build, construct, attach, hang, place,
suspend or affix, and shall also include the painting of signs on
the exterior surface of a building or structure.
FACADE shall mean any separate face of a building,
including parapet walls and omitted wall lines, or any part of a
building which encloses or covers usable space. Where separate
faces are oriented in the same direction, or in the directions
within 45 degrees of one another, they are to be considered as part
of a single facade. -
GROSS SURFACE AREA OF SIGN shall mean the entire areawithin
a single continuous perimeter forming a rectangle enclosing the
extreme limits of each sign. In the event two (2) or more signs
C share a single structure, each sign or panel may be considered
separately for square footage purposes and therefore, shall be
permitted as two (2 ) signs.
HEIGHT as applied to a sign, shall be measured as the
verticle distance between the highest part of the sign or its
supporting structure, whichever is higher, and a level plane going
through the nearest point of the vehicular traffic surface of the
adjacent improved public right-of-way, other than an alley.
-2-
//0-.<
LOGO is any design or insignia of an organization,
individual, company, or product which is commonly used in
advertising to identify that organization, individual, company or
product.
OBSOLETE means any sign which no longer serves a bonafide
use or purpose.
PREMISES means a tract of land under single ownership which
is devoted to one common ues, whether such area is composed of one
or more platted lots .
SETBACK is the distance from the closest portion, whether
the support or edge of the sign, to the right-of-way.
SIGHT TRIANGLE shall be the triangle created by connecting
a point which is ten ( 10) feet along the right-of-way at the
intersection and a point extending away from the intersection a
distance of forty (40) feet. This line shall extend by projection
to the back of curb on improved streets or the edge of pavement on
unimproved streets along both streets impacted. The sight triangle
herein referenced shall include all area between the above defined
lines and the street pavement.
SIGN shall mean and include every sign, name, number,
identification, description, and announcement, declaration,
demonstration, device, display, flag, banner, pennent,
illustration, beacon, light or insignia, and structure supporting
any of the same, affixed directly or indirectly to or upon any
building or outdoor structure, or erected or maintained upon a
piece of land, which directs attention to any object, project,
service, place activity, person, institution, organization or
business.
In the event two 2 or more signs share a sin le structure,
each s an or panel may be considered separate y or square footage
purposes and shall be permitted as two (2) signs. When
determiningthe number of signs allowed on articular site t e
s ruc ure that su orts the sign or si ns shall be considered as
one sign.
B. TYPE OF SIGNS
SIGN, ATTACHED means any sign attached to, applied on, or
supported by any part of a building (including canopy facia, walls
and awnings) which encloses or covers usable space.
SIGN, BANNER a temporary flag or a cloth or canvas material
attached to a building to advertise temporarily.
SIGN, CONSTRUCTION any temporary sign identifying the
property owner, architect, contractor, engineer, landscape
architect, decorator or mortgagee engaged in the construction or
improvement of the premises on which the sign is located.
-3-
//to:'�L-6
SIGN, DIRECTORY a sign listing the occupants within
shopping centers, industrial sites, retail districts, office
districts, and commercial sites.
SIGN, FREESTANDING any sign connected to the ground by
legs, poles, or other supports and which is not an attached,
portable, monument, or vehicular sign.
SIGN, GENERAL BUSINESS any sign which is used to identify a
business, profession, organization, institution, service, product
or activity conducted, sold or offered on the premises where such
sign is located.
SIGN, GROUND any temporary sign erected on verticle
framework not larger than six (6) square feet in area used
primarily for real estate sales and directional signs.
SIGN, IDENTIFICATION_ any sign which is used to identify the
name of shopping centers, industrial, commercial, retail and office
centers.
SIGN, ILLUMINATED any sign which has characters, letters,
figures, designs or outline illuminated by electric lights,
luminous tubes or other means.
SIGN, INSTITUTIONAL any sign used to identify schools,
churches, hospitals and similar public or quasipublic institutions.
SIGN, MONUMENT any sign which is connected to the ground
and which has no clear space between the bottom of the sign and the
surface of the ground.
SIGN, MULTI-PURPOSE a permanent * freestanding structure
containing a directory and an identification sign.
SIGN, OFF-PREMISE any sign which is not an on-premise sign,
and further means a sign displaying advertising copy that pertains
to a business, person, organization, activity, event, place,
service, or product not principally located or primarily
manufactured or sold on the premises on which the sign is located.
SIGN, ON-PREMISE any sign the content of which relates to
the site on which it is located, referring exclusively to the name,
location, products, persons, accommodations, services, or
activities of or on those sites, or the sale, lease, or
construction of those sites.
SIGN, POLITICAL is a type of non-premises sign which refers
only to the candidates or issues involved in a political election.
SIGN, PORTABLE any sign which is not attached or affixed to
the ground, a building or other fixed structure or object.
Portable signs include those signs installed on wheels, trailers,
skids and similar mobile structures .
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SIGN, REAL ESTATE any temporary sign pertaining to the sale
or rental of property, and advertising property only for use for
which it is legally zoned.
SIGN, READERBOARD-(electronic) a sign that utilizes
alternating electronic data control components showing time,
temperature, and miscellaneous advertising and/or information.
SIGN, READERBOARD-(manual) a sign comprised of
non-permanent letters which allows a change of sign copy by adding
or removing letters.
SIGN, SPECIAL PURPOSE is a temporary sign that is either
on-premise or off-premise that provides identification or
information pertaining to a special event or occurrence, but under
no circumstance shall be associated with real estate advertising.
SIGN, SUBDIVISION
(a) Development Sign: An on-premise sign providing identification
or information pertaining to a residential or commercial
development.
(b) Directory Sign: An on-premise sign identifying the
builders in the subdivision.
(c) Entry Sign: any permanent sign identifying a
residential subdivision and located on premise.
(d) Wall Plaque: is a permanently affixed sign attached to the
entryway of perimeter wall of a subdivision to identify the
subdivision by a name or logo.
(e) Off-Premise Sign: A sign providing direction to or
information about a residential or commercial subdivision.
This type sign shall be limited to identification of the
subdivision only.
SIGN, TEMPORARY any sign, banner, pennant, valance of
advertising display constructed of cloth, canvas, light fabric,
cardboard, wallboard or other like materials, with or without
frames, and any type sign not permanently attached to the ground,
wall or building, intended to be displayed for a short* period of
time only.
SIGN TEMPORARY REALTOR OPEN HOUSE DIRECTIONAL SIGNS a sign
used for directing realtors and potential home buyers to homes for
sale within the city.
SIGN TEMPORARY WEEKEND DIRECTIONAL any sign temporarily
used in directing traffic to a residential section of the city.
Company or builder logos may be used on directional signs.
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SIGN, WALL any sign attached to or painted on a wall and
having the sign face parallel to and not more than twelve (12)
inches from the wall surface. A sign attached to or painted upon
an awning and visible to the exterior shall be considered a wall
sign.
SIGN, WINDOW any sign, banner, poster, or display located
on the internal and/or external surface of the window of any
establishment which advertises services, products or sales
available within said establishment or which announces the opening
of said establishment.
ARTICLE II - ADMINISTRATION
SEC. 2 SIGN PERMIT REQUIRED
No person shall erect any sign nor shall any person allow the
erection or display of any sign upon property owned or controlled
by him without first obtaining a permit to do so from the City of
Southlake, except as hereinafter provided.
SEC. 3 APPLICATION FOR SIGN PERMIT
Application for a permit shall be made -as required by this
ordinance and the following information shall be submitted as
separate documents :
(a) Application form shall be completed
(b) Site plan that illustrates:
Location of the building, structure, or tract to
which or upon which the sign is to be attached or
erected.
Position of the sign in relation to right-of-ways,
easements, buildings, structures, existing signs,
etc.
(c) Sign drawing that illustrates height, length, width, and
all other dimensions associated with the sign.
(d) Letter from the owner of the property stating that the
applicant has permission to erect such sign.
SEC. 4 FEES
Permanent Sign - every application for a permanent sign
shall be accompanied by a non-refundable fee for the processing and
issuance of the permit as follows :
50 .00 minimum and one dollar ($l) per square foot in excess
of fifty (50) square feet Two (2) or more signs that share a
_single structure shall be charged a fee for each sign exposed.
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Temporary Sign - every application for a temporary sign
shall be accompanied by a non-refundable fee of $25.00 for the
processing and issuance of the permit.
Illuminated Sign - every application for an illuminated sign
shall be accompanied by an electrical permit fee of $35.00 for the
processing and issuance of the permit and electrical inspection.
SEC. 5 CONDITIONAL SIGN PERMIT
GENERAL: Notwithstanding anything in this ordinance to the
contrary, the erection of a sign or signs may be approved pursuant
to this section under a conditional sign permit approved by the
City Council . The minimum size development for a conditional sign
permit shall be fifty (50) acres. The purpose of this section is
to allow for a specialized review of signs which may not be
appropriate generally without certain restrictions, but which, if
controlled as to the number, size, color, location or relation to
adjacent properties, would promote the health, safety, and welfare
of the community. Conditional use permitting of signs is intended
to allow for evaluation of the proposed sign and to ensure adequate
mitigation of potentially unfavorable impacts .
APPLICATION: An application for a conditional sign permit shall be
submitted to the building official and shall include all documents
as required by Section 3 of this ordinance. Additionally, the
applicant shall submit construction plans drawn by a registered
professional engineer in the State of Texas and also provide
renderings of the particular sign types, facades, materials,
compositions, dimensions, lighting, and colors.
FEES: Fees shall be determined in accordance with the adopted
Uniform Administrative Code utilizing Table No. 3-A.
SEC. 6 PERMIT REVOCABLE
The building official may suspend or revoke any permit issued under
the provisions of this ordinance whenever it is determined that the
permit is issued in error or on the basis of incorrect or false
information supplied, or whenever such permit be issued in
violation of any of the provisions of this ordinance or, any other
ordinance of this city or laws of this state or the federal
government. Such suspension or revocation shall be effective when
communicated in writing to the person to whom the permit is issued,
the owner of the sign or the owner of the premises upon which the
sign is located.
A person may appeal the revocation of the sign permit to the City
Council by filing with the building official written notice of an
intention to appeal within ten ( 10) days after receipt of written
notice of revocation. The decision of the City Council shall be
thereafter deemed as approved, reversed or modified and such
decision shall be final . .
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SEC. 7 INSPECTION
The building official shall inspect annually, or at such other
times as is deemed necessary, each sign regulated by this ordinance
for the purpose of ascertaining whether the same is obsolete and
whether it is in need of removal or repair.
SEC. 8 PERMIT VALID FOR ONE HUNDRED EIGHTY ( 180) •DAYS
If the work authorized by a permit issued under this ordinance has
not been commenced within one hundred eighty (180) days after the
date of issuance, the permit shall become null and void.
SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT
A. INVESTIGATION. Whenever any work for which a permit is
required by this code has been commenced or completed without
first obtaining a permit, a special investigation shall be
made before a permit may be issued for such work.
B. FEE. An investigation fee, in addition to the permit fee,
shall be collected whether or not a permit is then
subsequently issued. The investigation fee shall be equal to
the amount of the permit fee required by this code.
SEC. 10 REMOVAL OF SIGNS
A. OBSOLETE SIGNS
Any sign which the building official determines no longer serves a
bona fide use conforming to this ordinance, shall be removed by the
owner, agent or person having the beneficial use of the land,
buildings, or structure upon which such sign is located, within ten
( 10) days after written notification to do so from the building
official. Upon failure to comply with such notice, the building
official is hereby authorized to cause the removal of such sign,
and any expense incident thereto shall be paid by the owner of the
land, building or structure to which such sign is attached or upon
which it is erected.
B. UNSAFE SIGNS
If the building official shall determine that any sign is unsafe or
insecure, or is dilapidated or deteriorated, he shall give written
notice to remove said sign to the person or persons responsible for
such sign. If the permittee, owner, agent or person having the
beneficial use of the premises fails to remove or repair the sign
within ten ( 10) days after such notice, the building official is
hereby authorized to cause the removal of such sign, and any
expense incident thereto shall be paid by the owner of the land,
building or structure to which such sign is attached or upon which
it is erected.
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C. SIGNS ON UTILITY POLES
It shall be prohibited to attach any sign to a utility pole located
upon any public right-of-way or utility easement and any sign so
placed shall be subject to removal by City Personnel. The owner of
such sign shall be charged a fee of $15.00 to recover such sign
from the City unless the owner satisfactorily establishes that such
sign was not placed in the right-of-way by the owner of such sign
or by any authorized agent, representative or employee of said
owner. Any signs removed by City Personnel shall be held for a
period of seventy-two (72) hours and upon expiration of such time
may be disposed of.
D. SIGNS IN RIGHT-OF-WAYS
Excluding political, weekend, and special purpose signs, any sign
that is erected, constructed or otherwise located within or upon
public right-of-way may be removed by City Personnel and the owner
of such sign shall be charged a fee of $15.00 to recover such sign
from the City. No such fee shall be charged if the owner
satisfactorily establishes that such sign was not placed in
right-of-way by the owner of such sign or by any authorized agent,
representative or employee of said owner. Any such signs removed
by City Personnel shall be held for a period of seventy-two (72)
hours and upon expiration of such time, signs may be disposed of.
ARTICLE III - APPEALS AND VARIANCES
SEC. 11 APPEALS
Any decision rendered by the building official may be appealed to
the City Council by any person, agent or representative affected by
such decision. Such appeal must be received within fifteen (15)
days time after the decision has been rendered by the building
official. Such appeal shall be filed in writing with the building
official specifying the grounds on which the appeal is based. The
building official shall forthwith transmit to the City Council all
documents pertaining to the appealed action. The decision by the
City Council shall be final .
SEC. 12 VARIANCES
A person may request a variance from the Sign Ordinance by filing
said request with the building official . Any request for variance
shall be accompanied by a non-refundable filing fee of $100.00 and
a completed application. Any such variance applied for shall not
be granted to relieve a self-created or personal hardship, nor for
financial reason alone. The City Council shall have the authority
to permit variances to any requirements regarding number of signs,
area, height, setback, or any other aspect involved in the sign
permitting process .
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SEC. 13 JURISDICTION
When in its judgement, the public convenience and welfare will be
substantially serviced and the appropriate use of the neighboring
property will not be substantially injured, the City Council may
authorize special variances and exceptions to the regulations
established in this ordinance. The Council shall consider such
factors as the type of sign, the location, the existence of signs
in the general area, and such other factors as they deem pertinent,
having due regard for the purpose and intent of the sign ordinance.
ARTICLE IX - GENERAL SIGN PROVISIONS
SEC. 14 WIND PRESSURE AND DEAD LOAD REQUIREMENTS
All signs shall be designed and constructed to withstand a wind
pressure of not less than thirty (30) pounds per square foot of
area and shall be constructed to receive dead loads as required by
the Uniform Building Code.
SEC. 15 MAINTENANCE OF SIGNS
All signs and supports shall be maintained to prevent the
following defects or conditions:
a) where the structural supports or frame members are
visibly bent, broken, dented, deteriorated or torn
b) where the portions of the finished material of the sign
surface or background have flaked, broken off, missing or
otherwise not in harmony or consistency with the rest of
the surface
c) where the sign, or its elements are twisted or leaning at
angles other than those at which it was originally erected
d) where under normal viewing conditions, the sign or its
elements can no longer be clearly read by a person with
normal eyesight
e) where the sign or its elements are not in compliance with
the requirements of any building, electrical, sign or
other type code constuction standards adopted by the City
of Southlake
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SEC. 16 SIGNS EXEMPT FROM PERMIT
A permit shall not be required for the following signs; provided,
however, such signs shall otherwise comply with all other
applicable sections of this ordinance.
A. WEEKEND DIRECTIONAL SIGNS
TYPE OF SIGN: ground
HEIGHT: four (4) feet max.
AREA: six (6) square feet
SETBACK: may be placed in City of Southlake R.O.W. 's but
must maintain a fifty (50) foot setback from
all intersections and a three (3) foot setback
from back of curb
NUMBER OF SIGNS: fift 0) per subdivision
PLACEMENT TIME: 12: 0 nod Friday to 12:00 noon Monday
B. POLITICAL SIGNS
TYPE OF SIGN ground
HEIGHT: f r (4) feet max.
AREA: si 6 s eet
SETBACK: ma be placed in City of Southlake R.O.W. 's
NUMBER SIGNS: un m e
PLACEME TIME: may be placed of
(45) days
before an election but shall be removed
within three (3) days after such
election.
C. CONSTRUCTION/CONTRACTOR
v
TYPE OF SIGN: pole
HEIGHT: fifteen ( 15) feet
AREA: fifty (50) square feet
SETBACK: fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: Construction - one ( 1) per subdivision
Development - one ( 1) per subdivision
PURPOSE: To advertise new projects or developments
prior to or during construction.
D. REAL ESTATE SIGNS
TYPE OF SIGN: pole or attached
HEIGHT: twelve ( 12) feet for pole; below roof line
for attached
AREA: fifty (50) square feet
SETBACK: fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: one ( 1) sign for every five (5) acres
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E. SEASONAL DECORATIONS AND DISPLAYS DURING HOLIDAYS
TYPE OF SIGN: ground or attached
HEIGHT: four (4) feet for ground; eight (8) feet for
attached
AREA: six (6) square feet for ground; sixteen square
feet for attached
SETBACK: fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: one (1) ground or attached
PLACEMENT TIME: Christmas - from Dec. 1st to Dec. 31st
All Other - ten ( 10) day period
F. SIGNS PLACED INSIDE WINDOWS
Window signs are permitted, provided such signage does not obscure
more than fifty percent (50%) of the total window area.
SEC. 17 POLE SIGN REGULATIONS
In order to control sight line problems caused by signs obstructing
vision, particularly at intersections, any pole sign that is to be
erected must maintain a minimum seven (7) feet of clear space
measured from ground level to the bottom of the sign.
SEC. 18 PERMANENT SIGNS REQUIRING PERMIT
A. ATTACHED SIGN
1 Unless otherwise specifically provided in this ordinance,
only one attac e sign per street frontage s a e
allowed on any premises. Regulations set orzh iii th1�
para4r-740h shall be applicable to all attached signs
unless otherwise specifically provided.
(2) Wall Height Maximum Letter/
Above Grade Logo Height
0 - 25 ft. 24 inches
26 - 50 ft. 48 inches
51 - 100 ft. 60 inches
( 3) AREA: One hundred ( 100) square feet
(4 ) Attached signs shall not exceed seventy five percent
( 75%) of the facade width (or height, if vertical) of any
building.
(5) In no case shall an attached sign project above the roof
line of any building, except those attached to parapet
walls .
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B. MONUMENT SIGN
( 1) Unless otherwise specifically rovided in this ordinance
only one monument sign per street frontage shall be
allowed on any premises.
(2) HEIGHT: Six (6) feet, including monument base,
measured from ground level at base.
(3) AREA: Fifty (50) square feet.
(4) SETBACK: Fifteen ( 15) feet from property line.
C. POLE SIGN
1) Unless otherwise specifically rovided in this ordinance
only one pole sian per street frontage s a 1 be allowed
on any premises. —Regulations set forth in this Raragraph
shall-- e applicable to all pole signs unless otherwise
specifically provided.
(2) HEIGHT: Twenty (20) feet.
(3) AREA: One hundred ( 100) square feet.
(4) SETBACK: Fifteen ( 15) feet from property line.
(5) MINIMUM CLEARANCE: In order to control site line
problems caused by signs obstructing vision, particularly
at intersections, any pole sign that is to be erected
must maintain a minimum seven (7) feet of clear space
measured from ground level to the bottom of the sign.
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D. GENERAL BUSINESS SIGN
( 1) TYPE OF SIGN: Attached, pole or monument.
(2) NUMBER OF SIGNS:
(a) Each retail or wholesale business located in strip
centers, office showroom spaces, and office
warehouse spaces are limited to one (1) attached
sign per street frontage.
(b) General businesses in a free standing building are
limited to one (1) attached sign and one monument
sign per business, and one ( 1) pole sign per
building.
(c) Shopping centers or general businesses in free
standing buildings located on premises of five acres
or more shall be permitted more than one (1) pole
sign if such signs are separated from each other by
a minimum of three hundred (300) feet measured
radially.
(d) Service stations and convenience stores with
gasoline facilities are permitted one (1) pole sign
or monument sign per street frontage.
E. DIRECTORY SIGN
( 1) TYPE OF SIGN: Attached, pole or monument.
(2) HEIGHT: Twelve ( 12) feet for pole sign.
(3) NUMBER OF SIGNS: One ( 1) per development/shopping center.
F. IDENTIFICATION SIGN
( 1) TYPE OF SIGN: Attached, pole or monument.
(2) NUMBER OF SIGNS: One per continuous center not
separated by a public street.
G. MULTI-PURPOSE SIGN
( 1) TYPE OF SIGN: Attached, pole or monument
(2) HEIGHT: Thirty (30) feet for pole sign.
( 3) AREA: One hundred fifty ( 150) square feet for pole
sign. One hundred ( 100) square feet for monument sign.
(4 ) NUMBER OF SIGNS: one ( 1) per continuous center not
separated by a public street.
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H. READERBOARD SIGN
(Manual Type)
( 1) TYPE OF SIGN: Pole sign - must include an identification
sign as part of the gross surface area.
(2) AREA: Cannot exceed one-third ( 1/3) of the gross surface
area of the identification sign.
(Electronic Type)
All electronic readerboard signs must be approved by the City
Council . Application for such signs shall conform to the
requirements of Section 3 of this Ordinance d- all documents
shall be submitted to the Building Official.
I. SUBDIVISION SIGN
( 1) ENTRY SIGN
TYPE OF SIGN: Monument
HEIGHT: Six (6) feet
AREA: Fifty (50) square feet
SETBACK: Fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: One ( 1) per public entrance
(2) DIRECTORY SIGN
TYPE OF SIGN: Pole or monument
HEIGHT: Twelve ( 12) feet for pole; six (6) f/for
attached
AREA: Fifty (50) square feet
SETBACK: Fifteen (15) feet from right-of-way
NUMBER OF SIGNS: One ( 1) sign per public entrance
(3) WALL PLAQUE
TYPE OF SIGN: Attached
HEIGHT: Cannot project. above top of wall
AREA: Thirty-two (32) square feet
SETBACK: Must meet sight triangle requirements
NUMBER OF SIGNS: Two (2) signs per public entrance
(4) OFF-PREMISE
TYPE OF SIGN: Pole
HEIGHT: Fifteen ( 15) feet
AREA: Sixty-four (64) square feet
SETBACK: Fifteen ( 15) feet from right-of-way;
one-hundred ( 100) feet, measured radially from
all other off-premise subdivision signs
NUMBER OF SIGNS: Two (2) per subdivision
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SEC. 19 TEMPORARY SIGNS REQUIRING PERMIT
A. BANNERS, PENNANTS, AND STREAMERS
TYPE OF SIGNS: Temporary
HEIGHT: Cannot be above roof line
AREA: One hundred ( 100) square feet
SETBACK: Fifteen (15) feet from right-of-way
NUMBER OF SIGNS: Two (2) total
DURATION: Sixty (60) days/three times a year with a sixty
(60) day separation between permits
PURPOSE: To pre-advertise an upcoming event such as a
grand opening or special occasion
B. BALLOONS AND OTHER FLOATING DEVICES
TYPE OF SIGNS: Temporary
HEIGHT: Two hundred 200) feet to end of tether line
SETBACK: Fifteenfeet from r g t-o -way
NUMBER: One balloon or floating device
DURATION: Thirty (30) days/three times a year with a
sixty (60) day separation between permits
PURPOSE: To promote an upcoming event such as a grand
opening or special occasion
C. MODEL HOME SIGN
• v
TYPE OF SIGN. Monument
HEIGHT: Six (6) feet
AREA: Fifty (50) square feet
SETBACK: Fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: one ( 1) sign per builder per subdivision
D. SPECIAL PURPOSE SIGNS
TYPE OF SIGN: Attached or pole
HEIGHT: Not above roofline for attached; fifteen (15)
feet for pole
AREA: Fifty (50) square feet
SETBACK: Fifteen ( 15) feet from right-of-way
NUMBER OF SIGNS: Four (4) total
PLACEMENT TIME: may be placed in R.O.W. ' s thirty (30)
days before the event or occasion
commences but must be removed within
three (3) days after termination thereof
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SEC. 20 BILLBOARDS
All billboard signs must be approved by the City Council .
Application for such signs shall conform to the requirements of
Section 3 or this ordinance and all documents shall be submitted to
the building official . Application for such signs must conform to
the following provisions :
MAX. HEIGHT: Thirty-five (30) feet
MAX. AREA: Six hundred (600) square feet
PLACEMENT: May be erected along the State Highway 114
corridor which is defined as any state
right-of-way along S.H. 114 or land within one
hundred ( 100) feet of right-of-way along S.H. 114
SETBACKS: (all distances measured radially)
1) one thousand ( 1W feet from all other billboards
2) one thousand ( Tv") feet from any residential
dwelling
3) one hundred ( 100) feet from all other pole sFa
FEES: Fees for all billboards shall be based on a rate
ten dollars ($10) per square foot.
Any application for a billboard sign shall be
accompanied by a non-refundable processing fee o
$100 .00
AUTHORIZATION: Application for any billboard must be m
company or contractor licensed by the State of
Texas as an Outdoor Advertising Licensee.
SEC. 21 PROHIBITED SIGNS
A. OBSCENE SIGNS
No person shall erect or allow to be displayed upon premises
owned or controlled by him a sign in which the dominant theme
of material taken as a whole appeals to a purient interest in
sex, or is patently offensive because it affronts community
standards relating to the description or representation of
sexual matters, and is utterly without redeeming social value.
B. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES
No person shall erect or allow to be displayed on premises
owned or controlled by said person a sign which prevents free
ingress to or egress from any door, window or fire escape.
C. OBSTRUCTING VISION
It shall be unlawful to erect, relocate or maintain any sign
in such a manner as to obstruct free and clear vision at any
location, street, intersection or driveway. All signs placed
at any intersection shall prevent such problem by observing a
sight triangle as provided for in Sec. 1, "Definitions" .
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`.A A - 2C
D. INTERFERENCE WITH TRAFFIC
No person shall erect or allow to be displayed any sign which
interferes with vehicular or pedestrian traffic as a result of
the position , size, shape, movement, color, fashion, manner
or intensity of illumination or any other characteristics
causing such interference. Nor shall any person erect or
allow to be displayed any sign in such a manner as to
interfere with, obstruct the view of or be confused with, any
authorized traffic sign, signal, or device, including, without
limitation, signs making use of the words "stop", "go",
"look" , "slow", "danger", or any other similar word, phrase,
symbol or character, or employ any red, yellow, green or other
colored lamp or light in such a manner as to cause confusion
or otherwise interfere with vehicular or pedestrian traffic.
E. SIGNS ATTACHED TO OR SUSPENDED FROM BUILDINGS, LIGHT
FIXTURES, POLES, SIDEWALKS, ETC.
No person shall erect or display upon premises owned or
controlled such person any items such as goods, wares,
merchandise or other advertising objects or material which are
suspended from any building, light fixture, pole, structure,
sidewalk, apartment, driveway or parking area, for the purpose
of advertising such items, except as allowed pursuant to the
provisions of this ordinance.
F. PAINTING, MARKING, ETC. , OF STREETS, SIDEWALKS, UTILITY
POLES, ETC.
No person shall attach any sign, paper or other material, or
paint, stencil or write any name, number (except address
numbers) or otherwise mark on any sidewalk, curb, gutter,
street, utility pole, public building, fence or structure
except as otherwise allowed by this ordinance.
G. ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, STREET
SIGNS, ETC.
No person shall place, stick, tack, nail or otherwise place
any advertisement, sign, handbill, placard or printed or
written matter or thing for political advertisement or other
advertising purposes upon any fence, railing, sidewalk, public
telephone pole, electric or other utility pole or any other
public property, including trees thereon or to knowingly cause
or to commit same to be done for his benefit.
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H. VEHICULAR OR PORTABLE SIGNS
Vehicular - No person shall attach any sign to a trailer,
skid, or similar mobile structure, where the primary use of
such structure is to provide a base for such sign or to
constitute the sign itself. This provision shall not be
interpreted to prohibit identification signs on vehicles used
for business purposes; provided, however, said vehicle signs
shall be prohibited where such vehicle is allowed to remain
parked along the right-of-way, in the same location, or in the
same vicinity, at frequent or extended periods of time, where
the intended purpose is its use as a sign for the subject
matter displayed on the vehicle sign.
Portable - No person shall erect or allow to be displayed
any portable sign; except, however, that upon a majority vote
by the City Council, a special permit may be issued to any
non-profit organization for an on-premise portable wisign.
Permit shall be issued for one thirty (30) day period
th at
least ninety (90) days separation between permits.
I . CERTAIN ILLUMINATED SIGNS PROHIBITED
1 . No sign shall be illuminated to such an intensity or in
such a manner, as to cause a glare of brightness to a
degree that it constitutes a hazard or nuisance to
traffic. Moving, flashing, intermittent lighted,
changing color, beacons, revolving or similarly
constructed signs shall not be allowed. It is further
provided that a sign which uses illumination to provide
time of day and/or temperature only shall not constitute
a flashing sign.
2 . No lighted sign shall be erected or displayed within
one-hundred fifty ( 150) feet of a residentially zoned
neighborhood unless the lighting is shielded from view of
the residentially zoned district and indirect light does
not exceed 1/2 lumen measured from any property line of
the residentially zoned district.
J. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY
It shall be prohibited to erect or allow to be displayed any
type of sign on or over public property, unless the same be
erected by the City, or with the permission of the City, for
public purposes .
K. ROOF SIGNS PROHIBITED
Any sign erected on a vertical framework supported by and
located immediately and entirely over the roof of a building
is prohibited.
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L. NON-DEFINED SIGNS
It shall be prohibited to erect or display any sign which is
not specifically allowed and permitted pursuant to the terms
of this ordinance.
SEC. 22 NONCONFORMING EXISTING SIGNS
All signs that are lawfully in existence on the date of
adoption of this ordinance may co-exist in their present
form, but no such signs shall be altered, repaired or
moved unless a permit be issued pursuant to the
provisions of this ordinance. Permits granted prior to
the passage of this ordinance shall be renewed only if
the applicant complies with all provisions of this
ordinance.
Any legal, non-conforming sign which has been
substantially destroyed or dismantled for any purpose
other than maintenance shall be deemed as completely
destroyed if the cost of repairing the sign is more than
60% of the cost of erecting a new sign of the same type
at the same location. Under this provision, the sign
shall be removed and a permit is required to erect a new
sign.
SEC. 23 EXEMPT SIGNS
The following signs are exempted from the requirements of this
ordinance;
( 1) Signs on vehicles, except as provided in Section 22 .H, or
unless the sign is used or intended to be used as an
on-premise sign. It shall be prima facie evidence that a
sign is used as an on-premise sign if a vehicle is parked
at the same location for a continuous period exceeding
seventy-two (72) hours.
(2) Warning, security, and directional signs for parking, etc.
(3) Government signs, flags, insignia, legal notices, or
informational, directional, or traffic signs.
(4) "No Dumping" and "No Trespassing" signs .
(5) All signs not visible from off the premises.
-20-
SEC. 24 SIGN IDEOLOGY
Notwithstanding anything- contained herein to the contrary, any
sign
authorized in this ordinance is allowed to contain
non-commercial (ideological) copy in lieu of any other copy.
SEC. 25 PENALTY
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 less
than Fifty Dollars ($50.00) and not more than Two Thousand Dollars
($2,000.00) . Each day that a violation is permitted to exist shall
constitute a separate offense.
-21-
i
. r
d
ORDINANCE NO.
AN ORDINANCE OF .THE CITY OF SOUTHLAXE, TEXAS, MAILING IT
UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS, GRABS, BRUSH OR
ANY PLANT THAT I8 NOT REGULARLY CULTIVATED TO GROW TO A
HEIGHT GREATER THAN TWELVE (12) INCHES OR TO PERMIT THE
ACCUMULATION OF RUBBISH OR OTHER OBJECTIONABLE OR
UNSIGHTLY MATTER UPON ANY REAL PROPERTY WITHIN THE CITY;
DECLARING A PUBLIC NUISANCE; PROVIDING FOR NOTICE OF
VIOLATIONS; PROVIDING FOR REMOVAL AND ABATEMENT BY THE
CITY OF WEEDS, GRASS, BRUSH, PLANTS* RUBBISH OR OTHER
OBJECTIONABLE OR UNSIGHTLY MATTER AND THE PLACEMENT OF
A PRIVILEGED LIEN ON THE PROPERTY INVOLVED; SPECIFICALLY
REPEALING ORDINANCE NO. 361; 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 Local Government Code; and
WHEREAS, the City Council of the City of Southlake, Texas has
determined that the existence of grass, weeds, brush or plants
growing in rank profusion and rubbish or other objectionable or
unsightly matter on property within the City of Southlake has an
adverse effect on the public health, safety, and welfare of the
citizens of Southlake and constitutes a public nuisance; and
WHEREAS, the City Council deems it necessary to adopt this
ordinance regulating and abating such public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
For purposes of this ordinance, the word "PERSON" shall
include a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
slake\weedlien.ord(101091) -1- IS s-1
i -
SECTION 2
It shall be unlawful for any person owning, leasing, claiming,
occupying, or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City, to permit or allow grass, weeds,
brush, or any plant that is not cultivated to grow to a height
greater than twelve (12) inches upon any such real property, except
as provided below, for tracts larger than five acres, or along the
sidewalk or street adjacent to the same between the property line
and the curb, or if there is no curb, then to the edge of the
street, or allow or permit any rubbish or objectionable or
unsightly matter to accumulate or be present upon such property.
Provided, however, on tracts of land more than five (5) acres, it
shall be unlawful to permit or allow grass, weeds, or brush in
excess of twelve inches in height to grow uncultivated within one
hundred (100) feet adjacent to and along any dedicated public
street within the corporate limits of the City or within one
hundred (100) feet of any lot that is occupied by a residence or
business.
SECTION 3
It shall be the duty of any person owning, leasing, claiming,
occupying, or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City to cut, or cause to be cut, and
remove, or cause to be removed, all such grass, weeds, brush,
rubbish and other objectionable or unsightly matter from such
property or along the sidewalk or street adjacent to the same
between the property line and the curb, or if there is no curb,
slake\weedlien.ord(101091) .2_ /,�—'Z
t
then to the edge of the street as may be necessary to comply with
this Ordinance.
SECTION 4
All vegetation not regularly cultivated and which exceeds
twelve (12) inches in height, and all rubbish, shall be presumed
to be objectionable and unsightly, and is hereby declared a public
nuisance. No plant, whether regularly cultivated or not, shall be
allowed to grow within the right-of-way of any public street,
alley, easement, or other public right-of-way but shall be kept
mowed or cut back, as provided above.
SECTION 5
In the event that any person owning any real property,
occupied or unoccupied, improved or unimproved, within the
corporate limits of the City fails or refuses to comply with the
provisions of this Ordinance, it shall be the duty of the City to
give ,ten (10) days notice of the violation to the owner prior to
abating the violation. The notice must be given: (1) personally
to the owner in writing; or (2) by letter addressed to the owner
at the owner's post office address shown on the last approved tax
rolls of the City; or (3) if personal service may not be had as
aforesaid, then by publication at least twice within ten (10)
consecutive days, or by posting the notice on or near the front
door of each building on the property to which the violation
relates, or by posting the notice on a placard attached to a stake
driven into the ground on the property to which the violation
relates, if the property contains no buildings. If such person
fails or refuses to comply with the provisions of this Ordinance
within ten (10) days after the date of notification as provided
slake\weedlien.ord(101091) -3- 1149_3
above, the City may go upon such property or authorize another to
go upon such property, and do or cause to be done the work
necessary to obtain compliance with this Ordinance, and may charge
the expenses incurred in doing or in having same done, to the owner
of such property as provided hereafter in compliance with Section
342.001, et. sec. , Texas Health & Safety Code. The remedy provided
in this section is in addition to the remedy provided for in
Section 11 of this ordinance.
SECTION 6
The charges provided for in this ordinance shall be levied,
assessed, and collected by the City of Southlake, Texas. A
statement of the cost incurred by the City to abate such nuisance
shall be mailed to the owner of said premises, which statement
shall be paid within thirty (30) days of the date of the mailing
thereof. In the event the owner of said premises upon which work
was done and charges were incurred fails or refuses to pay such
charges and expenses within thirty (30) days after written
notification to pay, the City Council may assess the charges and
expenses incurred against the real estate on which the work was
done whereupon the Mayor shall file with the County Clerk of the
county where the premises are located a statement by the Mayor
setting out the expenses that the City has incurred pursuant to the
provisions of this Ordinance, and the City shall thereby perfect
a privileged lien on the property involved, second only to tax
liens and liens for street improvements, to secure the expense
incurred; together with ten percent (10%) interest from the date
the work was performed or payment therefor was made by the City.
For any such expenditures and interest, as aforesaid, suit may be
slake\weedlien.ord(101091) -4- /M
instituted and foreclosure had in the name of the City of
Southlake, and the statement so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount expended for
any such work or improvements. The remedy provided by this section
is in addition to the remedy provided by Section it of this
ordinance.
SECTION 7
Notwithstanding the provisions of Section 5 of this ordinance,
the City shall, prior to filing a complaint in the City Municipal
Court or seeking injunctive or other legal relief, be required to
give notice to any person owning, leasing, claiming, occupying, or
having supervision or control of any property, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the City, of a violation of this Ordinance. Notice shall be given
as set forth in Section 5 of this ordinance. The notice may state
in part that a violation of the Ordinance has occurred, and that,
if the violation is not abated within ten (10) days of the date of
the notice, a complaint will be filed in the City Municipal Court
or injunctive or other legal relief will be sought. For any
property, one notice of violation during any one growing season
shall be sufficient for the City to seek relief pursuant . to this
section. For purposes of this ordinance, the growing period shall
be defined as April 1 through October 31 of any given year.
SECTION 8
The abatement regulations as herein established have been made
for the purpose of promoting the health, safety, morals, and the
general welfare of the community.
slakeWeedlien.ord(101091) -5-
SECTION 9
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.
361 is hereby repealed in its entirety.
SECTION 10
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 11
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.
slake\weedlien.ord(101091) '6" ���
SECTION 12
All rights and remedies of the City of Southlake are expressly
saved as to any and all violations of the provisions of ordinance
No. 361 or any other ordinances affecting the regulation of weeds,
grass, brush, plants, rubbish or other objectionable or unsightly
matter 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 13
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.
slake\weedH en.ord(101091) -7-
���
SECTION 14
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
1991.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
1991.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date:
ADOPTED:
EFFECTIVE:
slake\weedlien.crd(101091)
OPTION I
On tracts of land more than five(5) acres, it shall be unlawful to
permit or allow grass, weeds and brush in excess of twelve(12)
inches in height to grow uncultivated within one hundred (100) feet
adjacent to and along any dedicated public street within the
corporate limits of the City or within one hundred ( 100) feet on
either side of any lot that is occupied by a residence or business.
OPTION II
,, All properties less than 15 acres in total area shall be mowed
completely. All properties or portion thereof that are less than
50 feet wide shall be mowed completely. All properties 15 acres or
greater shall be mowed or disked along the fence lines for a
width of 50 feet on each side of the fence, where applicable. This
shall pertain to all fencing on the property. All properties shall
be mowed for a width of 50 feet around any structure located on
such properties.
City of Southlake,Texas
M E M O R A N D U M
October 10, 1991
TO: Curtis Hawk, City Manager
FROM: Chris Terry, Assistant to the City Manager
SUBJECT: CITY COUNCIL PROCEDURES
---------------------------------------------------------
The following information reviews the compatibility of
Council Procedures Ordinance No. 308 with actual procedural
practices . Discrepancies between normal Council operating
procedures and the specifics of the Ordinance are identified
by the textual citations listed below.
Attached is a summary of excerpts from a recent article n
procedural suggestions for city councils.
1. Section 1. c. Agenda ( 1) . V
"No item of business shall be placed on an ag da a
regular City Council meeting less than 14 days prior such
meeting except by approval of the Mayor or the Mayor ro-Tem
in the absence of the Mayor after a determination b the
Mayor or Mayor Pro-Tem that an urgency exists for uch item
to be placed upon the agenda for discussion or co sideration
by the City Council. " (not observed)
2 . Section 1. c. Agenda (4) Amended.
"The Agenda for regular City Council meetings shall be
posted by the City Secretary by 5:00 P.M. on the Friday
immediately preceding such City Council meeting for which
such agenda applies. "
3. Section 2. Council Meetings ( 1) .
"No public comments will be allowed or accepted for any
non-public hearing matter on a council agenda unless such
comments are the result of specific questions or inquiries
of the Mayor or Council to such person. " (not observed)
4 . Section 2 . Council Meetings (2) Amended.
"Any person desiring to present a subject for City
Council consideration shall advise the City Secretary of
that fact no later than 5.00 P.M. on the Thursday
immediately preceding such City Council meeting. Said
person shall make himself available for a conference with
the Mayor at the Mayor's request at some time prior to said
Council meeting. "
i
� l
5. Section 2. Council Meetings (4) .
"All persons and opponents of agenda items for which a
public hearing has been opened shall be allowed 3 minutes
for comment. (not always observed)
6 . Section 2 . Council Meetings (9) .
The City Council shall meet in an open work session
commencing at 6:45 o'clock P.M. immediately prior to each
regular Council meeting to review all zoning and platting
matters to be heard on that Council agenda. "
7. Section 2. Council Meetings ( 10) .
Any person may express their comments in writing
regarding a particular agenda item by providing a legibly
written letter, petition or writing to the City Secretary
no later than 5:00 P.M. on the Friday prior to the City
Council Meeting addressed to the Mayor and City Council.
CT
Ilea
THE BENEFITS OF FORMALIZED PROCEDURES
The following excerpts from "Responsibilities, Obligations,
Limitations and Expectations: Organizing the City Council for
Effective Action" by Gary Halter of Texas A&M University presents
several helpful suggestions for procedural management on city
councils.
Establishing Formal Rules and Procedures :
Every city council needs to establish a set of formal rules
and procedures and to stick to them. Many of you may immediately
have this reaction: We like to keep things informal, close to the
people. " You can have both; formal rules and a government that
serves the citizens of the community. The two are not inconsistent
ideas.
Rules should do the following:
1. Define the type of council meetings -
regular, workshop, special, etc.
2 . Regulate the agenda.
3. Regulate the conduct of meetings.
4 . Put trivia in its place.
Regulate the Agenda:
The council controls the agenda. It is probably a good idea-
to allow the mayor and city manager to set the agenda, with the
council being allowed input as to what goes on the agenda.
Councilmembers should keep in mind that timing - when an item is
placed on the agenda - may have an important bearing on its
passage. Sometimes delaying a few weeks can result in an item
passing because better information is available. Placing an item
on the agenda prematurely, just because you "promised a voter you
would," may hurt its chances of passage.
Regulate the Conduct of Meetings:
The rules should govern the conduct and decorum of public
meetings. Your rules should regulate the time limits allowed for
public debate. If you find yourself getting tired in your chair
after someone has been allowed to talk on for 20 to 30 minutes,
this can be solved by time limits. Anything over 10 minutes is
probably excessive. Having such a limit will force people to
organize their thoughts and make better presentations .
When addressing the council, people should be required to come
forward and use a speaker's podium. Residents may object to this
and prefer to sit in their seats and speak whenever they want.
Being called for this a few times will usually end the problem and
lessen the chances of a circus atmosphere that inhibits the ability
to make the best decisions possible.
Putting Trivia in its Place:
For the benefit of the public, a copy of council rules and
procedures should be written and clearly posted in the council
chamber. Some cities use a Welcome to the Council Meeting"
brochure available at the guest registration table which cover some
of the more important rules of procedure. Having such rules will
help to overcome many problems. If the rules are not enforced they
are of little value.
!le 3
ORDINANCE NO. 308
An Ordinance establishing rules and regulations
for the conducting of City Council meetings,
establishing time limits for Agenda filings,
containing a savings clause, and providing for an
effective date.
Whereas, the City Council for the City of Southlake has
determined that a need exists to formulate and adopt rules to govern
the procedures, conduct and manner of holding City Council Meetings:
and
Whereas the Mayor and the City Council have established and
developed certain fundamental rules and guidelines to be used to
insure that City Council meetings are conducted in a fair and
equitable manner so as to afford all members of the public an
opportunity to be heard while allowing the Council meetings to
progress in an orderly manner:
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLARE, TEXAS:
Section 1. Agenda
a. Consent Agenda - In preparing the agenda, the Mayor shall
give consideration to the number and degree of complexity of items to
be considered by the City Council for the purpose of conserving the
Council's time in meetings. Items which are anticipated to be
routine and required little or no consideration by the Council shall
be designated by an asterisk, and shall be considered as a part of
"Consent Agenda." Prior to taking up the Consent Agenda, the Mayor
shall determine if there are any items thereon which should be
removed from the Consent Agenda for discussion. Any Council member
may, upon request, remove any item form the consent Agenda for
discussion and individual action. Thereafter, all remaining Consent
Agenda items may be acted upon by a single motion approving the
Consent Agenda.
b. Agenda Order - The order of business of each meeting shall
be as contained in the City Council agenda prepared by the Mayor.
The agenda shall be a listing by topic of subjects to be considered
by the City Council, and shall be delivered to members of the City
Ile-�
Council each Friday immediately following the deadline for agenda
matters to be placed on an agenda for regular council meetings.
c. Agenda -
(1) No item of business shall be placed on an agenda of a
regular City Council meeting less than 14 days prior to such meeting
except by approval of the Mayor or the Mayor Pro-Tem in the absence
of the Mayor after a determination by the Mayor or Mayor Pro-Tem that
an urgency exists for such item to be placed upon the agenda for
discussion or consideration by the City Council.
(2) No item of business shall be placed on the agenda for any
council meeting unless and until all required documents,
applications, fees, plats, and other written documents and papers
have been provided to the City Secretary and all necessary staff
approvals of such items have occurred.
(3) No platting or zoning matter shall be placed on any council
agenda until all necessary considerations have been made by the
Planning & Zoning Commission or any other appropriate board or
commission of the City of Southlake and until all staff approvals
have been obtained and all staff or other changes and modifications
to documents have been made and corrected copies of such documents
furnished to the City Secretary.
(4) The Agenda for regular City Council Meetings shall be
posted by the City Secretary by 5:00 o'clock P.M. on the Wednesday
immediately proceeding such City Council meeting for which such
agenda applies.
(5) Packets, including copies of City Council agendas, shall be
furnished to the Mayor, all council persons, the City Engineer and
the City Attorney no later than 5:00 o'clock P.M. on the Friday
following the 14 day deadline for placing items on the Council
agenda. This is anticipated to be approximately 10 full days prior
to the day of the City Council meeting for which the Agenda and
packet are prepared.
(6) No plats shall be allowed to be filed for consideration by
the City of Southlake until all appropriate zoning for the tract
affected has been approved.
(7) Nothing contained herein shall, in any way, prevent or
prohibit the Mayor from calling a Special or an Emergency meeting of
the City Council upon appropriate legal notice and other requirements
having been complied with.
d. Subdivision and Re-Plats -
(1) No platting or replatting matter shall be placed on any
City Council agenda until all requested modifications and amendments
to Plats, which are requested by the Planning & Zoning commission,
have been made on the Plat and corrected or modified copies, as
required, have been furnished to the City Secretary.
Section 2. Council Meetings.
(1) No public comments will be allowed or accepted for any non-
public hearing matter on a council agenda unless such comments are
the result of specific questions or inquiries of the Mayor or Council
to such person.
(2) Any person desiring to present a subject for City Council
consideration shall advise the City Secretary of the fact no later
than 5:00 o'clock P.M. , on Tuesday, fourteen days proceeding the
meeting at which he wishes to have the subject to be considered.
Said person shall make himself available for a conference with the
Mayor at the Mayor's request at some time prior to said Council
meeting.
(3) All applicants for agenda items shall be allowed five
minutes to provide a presentation to the City Council for their
particular matter.
(4) All proponents and opponents of agenda items for which a
public hearing has been opened shall be allowed 3 minutes for
comment. Such persons shall make all comments from the public podium
and shall state their name and address prior to speaking. Informal
comments from the public shall not be allowed nor shall questions be
allowed which are not made from the public podium. No member of the
public shall be allowed to address any item of business, for which
public hearing is provided, more than once. Any member of the public
desiring to speak for or against any particular agenda item shall
immediately prior to the Council meeting complete the form provided
by the City stating such intent. Any time spent by the person in
responding to direct questions by the City Council members will not
be counted against the person's time allotment.
(5) Anyone appearing at a Council meeting in response to a
public notice shall be allowed five (5) minutes to present any
comments for or against the particular agenda item, nor shall such
person be required to complete the form referred to in sub-paragraph
(4) above.
(6) Prior to closing the public hearing on any particular
agenda item, the Applicant on such matter shall be allowed a five (5)
minute rebuttal if any person has spoken in opposition to that
particular agenda item.
(7) At the end of each agenda any person who has not been
listed on the agenda as provided hereinabove, but who desires to
speak at a Council meeting will be recognized by the Mayor and
allowed to speak provided said person completes a form furnished
inquiring as to name, address and topic.
(8) The City Secretary or City Staff shall prepare an easel
with all zoning and platting matters appropriately displayed and
ready for consideration as each agenda item is heard.
(9) The City Council shall meet in an open work session
commencing at 6:45 o'clock P.M. immediately prior to each regular
Council meeting to review all zoning and platting matters to be heard
on that Council agenda. All applicants are invited to attend to
answer questions by the council. No presentations are to be made at
such work session.
(10) Any person may express their comments in writing regarding
a particular agenda item by providing a legibly written letter,
petition or writing to the City Secretary no later than 5:00 P.M. on
the Friday prior to the City Council Meeting addressed to the Mayor
and City Council. Such letter, petition or writing shall be provided
to the Mayor and each Council Member prior to the City Council
meeting at which such agenda matter is to be considered.
Section 3. Effective Date of Ordinances.
Unless otherwise provided by applicable law, all ordinances,
except those prescribing a fine or penalty, shall be effective from
and after the date of passage, which may be upon one reading only;
any ordinance prescribing a fine or penalty shall be effective from
and after the publication thereof, in the officially designated
newspaper of the City.
1
Section 4. Effective Date of This Ordinance.
This ordinance shall become effective immediately upon passage
by the City Council for the City of Southlake and shall be effective
as to any item presently pending at the stage to which such matter
has progressed as of the date of passage.
Section 5. Savings Clause.
If any section, clause or provision of this ordinance should be
declared by a Court of competent jurisdiction to be invalid, or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any part thereof, other than the part so
declared to be invalid or unconstitutional.
Passed this 7 day of May, 1985, by a vote of ayes,
C nayes, and �_ abstain.
fa(re �
a Jr
(71or
Attest:
� lA 4L
andra LeGrand,
'City Secretary
Approved as to Form:
Wi liam H. Smith,
City Attorney
i
i
CITY OF SOUTHLAKE, TEXAS
Ordinance No .
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS
AMENDING ORDINANCE NO. 308 REGARDING RULES
AND REGULATIONS FOR CONDUCTING CITY COUNCIL
MEETINGS AND ESTABLISHING TIME LIMITS FOR
AGENDA FILINGS; PROVIDING A SEVERABILITY
CLAUSE: PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Southlake, Texas
has determined that a need exists to amend its rules and
regulations regarding the conduct and manner of holding City
Council meetings in order to comply with the Home Rule Charter
of the City of Southlake;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS :
Section 1 . That the above premise is true and correct
and is incorporated into the body of this ordinance as if
copied in its entirety.
Section 2 . That Ordinance No. 308 of the City of
Southlake, as passed and approved by the City Council on
November 7 , 1985 is hereby amended in the following particulars
and that all other existing sections, subsections , paragraphs
of said Ordinance No . 308 are not amended, but shall remain
intact and are hereby ratified, verified and affirmed:
A. Section 1c(1) of Ordinance No . 308 is hereby
amended to read as follows :
11 ( 1) Any items requested by one (1) or
more members of the Council or by the City
Manager shall be placed on the agenda by the
City Secretary. "
B. Section 1c(4) of Ordinance No. 308 is hereby
amended to read as follows :
" (4) The Agenda for regular City Council
meetings shall be posted by the City
Secretary by 5 : 00 o ' clock p.m. on the Friday
immediately preceding such City Council
meeting for which such agenda applies . "
C. Section lc(5) of Ordinance No. 308 is hereby
kw amended to read as follows :
1' (5) Packets, including copies of City
Council agendas , shall be available to the
Mayor , all council persons, the City
Engineer and the City Attorney no later than
5 : 00 o ' clock p.m. on the Friday immediately
preceding such City Council meeting. "
D. Section 2(2) of Ordinance No. 308 is hereby
amended to read as follows :
" (2) Any person desiring to present a
subject for City Council consideration shall
advise the City Secretary of that fact no
later than 5 : 00 o ' clock p.m. on the Thursday
immediately preceding such City Council
meeting. Said person shall make himself
available for a conference with the Mayor at
the Mayor ' s request at some time prior to
said Council meeting. "
E. Section 2(9) of Ordinance No . 308 is hereby
amended to read as follows :
11 (9) The City Council shall meet in an
open work session commencing at 6 :30 o ' clock
p.m. immediately prior to each regular
Council meeting to review all zoning and
platting matters to be heard on that Council
meeting. All applicants are invited to
attend to answer questions by the Council .
No presentations are to be made at such work
session. "
F. Section 3 of Ordinance No . 308 is hereby amended
to read as follows :
"Section 3 . Effective Date of Ordinances .
(a) non emergency ordinances . All
ordinances, except as provided for in (b)
below, shall be read in open meetings of the
Council on two (2) consecutive Council
meetings which shall be a regular meeting
provided, however, that both readings
required herein shall be sufficient if the
preamble of such proposed ordinances be read.
Every ordinance imposing a penalty,
fine or forfeiture and every other ordinance
required by law or this Charter to be
published shall become effective after its
0 2 2 3 X
-2- Ile
a f `
L
publication in the official newspaper of the
City and said publication shall occur within
ten (10) days of its adoption by the Council .
(b) emergency ordinances . All
ordinances which are adopted to remedy a
public emergency shall be effective from and
after the date of passage, which shall be
upon one hearing.
Section 3 . If any section, article, paragraph, sentence,
clause, phrase or word in this Ordinance, or application
thereto any person or circumstance 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 4 . This ordinance shall be cumulative of all
other ordinances of the City and shall not repeal any of the
provisions of any other ordinance except in those instances in
which the provisions of other ordinances are in direct conflict
with the provisions of this ordinance, in which case the
provisions of this ordinance shall be controlling.
Section 5 . This ordinance shall become effective after
its adoption by the City Council .
PASSED AND APPROVED on the day of
1987 .
Mayor, City of- Southlake, Texas
ATTEST:
ha,
ity Secretary, City of
Southlake, Texas
[SEAL]
(tow
0 2 2 3 X
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APPROVED AS TO FORM:
"(WW
City Attorney, City of
Southlake, Texas
0 2 2 3 X
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City of Southlake,Texas
CITY OF SOUTHLAKE, TEXAS
flow REGULAR CITY COUNCIL MEETING: OCTOBER 15, 1991
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
WORK SESSION: 6 : 30 P.M.
1. Discussion of all items on tonight' s Regular Council Meeting
Agenda.
REGULAR SESSION: 7 : 00 P.M.
1 . A. Call to order. Invocation.
B. Executive Session
Pursuant to the Open Meetings Act, Article 6252-17
V.T.C.S. , Section 2(e) 2( f) 2(g) . Refer to posted list
attached hereto and incorporated herein.
C. Reconvene: Action necessary on items discussed in
Executive Session.
2 . Approval of the Minutes of the October 1, 1991 Regular City
Council Meeting.
twl 3. Mayor' s Report.
4 . City Manager' s Report.
CONSENT AGENDA
All items listed below are considered to be routine by the City
Council and will be enacted with one motion. There will be no
separate discussion of items unless a Council member or citizen so
request, in which event the item will be removed from the general
order of business, and considered in its normal sequence.
5. Consider:
A. Permission to advertise for bids for Lift Stations to be
located at Bicentennial Park and on East Southlake Blvd.
REGULAR AGENDA
6 . Public Forum.
City of Southlake,Texas
City Council Agenda
October 15, 1991
page two
.►r
7 . Consider: Ordinances, second reading and related items .
A. Ordinance No. 480-59, 2nd reading. (ZA 91-52)
Zoning change request for 128 . 33 acres out of the W.E.
Crooks Survey, Abstract No. 295, Tract 2 and Hall Medlin
Survey, Abstract No. 1038, Tracts 2, 2A, and 2B. The
current zoning is "SF-20A" Single Family-20A Residential
with a requested zoning for "PUD" Planned Unit
Development. Amended request is for 126 . 94 acres
(excluding the "C-1" lot on the corner) .
® Owner/Applicant: Charles Young and Larry Cole dba The
i Hills of Monticello.
Public Hearing.
8. Consider: Ordinances, first reading and related items .
A. Ordinance No. 544, 1st reading. Landscape Ordinance.
Continuation of the public hearing.
B. Ordinance No. 545, 1st reading. Relating to Burning
Permits .
C. Ordinance No. 547, 1st reading. T.M.R.S. Updated
(we' service credits on an annual basis .
D. Ordinance No. 548, 1st reading. T.M.R.S. Providing for
increased municipal contributions .
9 . Consider: Resolutions (no items for this agenda)
10 . Other items for consideration.
A. Participation in Keep America Beautiful .
B. Agreement for a utility billing audit.
11. Other items for discussion.
A. Sign ordinance.
B. Weed Lien.
C. City Council Procedures .
D. Continental Park Estates Sewer.
E. Southwestern Bell Franchise Agreement.
Ldi
City of Southlake,Texas
City Council Agenda
irr October 15, 1991
page three
12 . Meeting Adjourned.
I hereby certify that the above agenda was posted on the official
bulletin boards at city hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, October 11, 1991 at 5:00 p.m. , pursuant to the
Open Meetings Act, Article 6252-17 V.T.A.S.
A111- ....
andra L. LeGrand o : �k fs
City Secretary => : %
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City of Southlake,Texas
EXECUTIVE SESSION
PENDING LITIGATION- Section 2 (e)
The City Council may consider pending and contemplated litigation
subjects. The following subjects may be discussed:
1 . Russell Sivey v. City of Southlake, September 1989 .
2 . Essig Claim, February 1991.
3. Margaret Freemen Claim, January 1990 .
4 . West Beach Addition.
5 Murawski Claim.
6 . Garrett Claim.
7 . Ken Smith, July 1991 .
Litigation is, by nature, an on-going process, and questions may
arise as to trial tactics which need to be explained to the City
Council. Upon occasion, the City Council may need information from
the City Attorney as to the status of the pending or contemplated
litigation subjects set out above. After discussion of the pending
and contemplated litigation subjects, in executive session, any
final action, or vote taken, will be in public.
LAND ACQUISITION- Section 2 ( f)
The City Council may consider the purchase, exchange, lease, or
sale of real property.
After discussion of land acquisitions in executive session, any
final action, or vote taken, will be in public.
PERSONNEL- Section 2 (q)
The City Council may consider the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of
public officers or employees, including the City Manager, City
Secretary, City Attorney, and City Board and Commission Members. A
complete list of the City Boards and Commissions are on file in the
City Secretary' s Office.
After discussion of any or all of the above, in executive session,
any final action or vote taken will be in public by the City
Council .
If personnel issues or litigation issues arise as to the posted
subject matter of this City Council Meeting, an executive session
will be held.
SLL 10/10/91
CITY OF SOUTHLAKE
667 N. Carroll Avenue
REGULAR CITY COUNCIL MEETING
October 15, 1991 7 : 00 p.m.
MINUTES
COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem Rick
Wilhelm; Deputy Mayor Pro Tem Sally Hall . Members : Mike O'Brien,
Barry Emerson, Jerry Farrier, and W. Ralph Evans .
CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell,
Director of Public Safety; Michael Barnes, Director of Public
Works; Lou Ann Heath, Director of Finance; Don Wilson, Deputy
Director of Public Safety, Fire Services; Chris Terry, Assistant to
the City Manager; Greg Last, City Planner; Karen Gandy, Zoning
Administrator; Eddie Cheatham, City Engineer; Wayne Olson, City
Attorney; and Sandra L. LeGrand, City Secretary.
INVOCATION: Councilmember W. Ralph Evans .
The work session was called to order at 6 : 30 p.m. to discuss the
agenda items for tonight' s meeting.
Mayor Gary Fickes called to meeting to order at 7 :00 p.m.
Agenda Item #1-B, Executive Session
The Mayor hereby advised the audience that Council would be going
into executive session pursuant to Sections 2(e) 2 ( f) 2 (g) of the
Open Meetings Act, to seek the advise of our City Attorney with
respect to pending and contemplated litigations, to discuss the
purchase, exchange, lease or sale of real property, and to consider
the appointment and evaluation of public officials . Council left
for executive session at 7 :05 p.m.
Council returned to open session at 7 :40 p.m.
Council recessed from 7 :40 p.m. to 7 :50 p.m.
Agenda Item #1-C, Reconvene/Action necessary on items discussed in
Executive Session.
As the result of the executive session, motion was made to approve
the settlement of the Sivey Lawsuit.
Motion: Wilhelm
Second: Evans
Ayes : Wilhelm, Evans, Farrier, O'Brien, Hall, Emerson, Fickes
Nays : None
Approved: 7-0 vote
Councilmember Barry Emerson left the meeting at this time.
Illkommo
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City Council Minutes
October 15, 1991
page two
Agenda Item #2, Approval of the Minutes
Motion was made to approve the Minutes of the Regular City Council
meeting held on October 1, 1991 as presented.
Motion: O'Brien
Second: Farrier
Ayes : O'Brien, Farrier, Evans, Hall, Wilhelm, Fickes
Nays : None
Approved: 6-0 vote
Agenda Item #3, Mayor's Report
Mayor Fickes referenced a public hearing held in Grapevine in
regards to the improvememts to be made on Hwy 121, and SH 114
exchange,in Grapevine. A consultant was retained to recommend some
improvements .
Deputy Mayor Pro Tem Sally Hall reported on the Teen Court Advisory
Committee meeting, stating the committee will be posting agenda and
having minutes taken at their meetings . She referenced donations
which have been made by the Southlake Chamber, Women' s Division,
and the Chamber of Commerce, for members of the Teen Court Advisory
Committee, who wish to attend a Teen Court Conference to be held
in November.
Agenda Item #4, City Manager's Report
No comments were made during this agenda item.
Agenda Item #5, Consent Agenda
The Consent agenda consisted of the following item:
5-A. Permission to advertise for bids for Lift Stations to
be located at Bicentennial Park and on East Southlake
Blvd.
Motion was made to approve the consent agenda as presented.
Motion: Wilhelm
Second: Hall
Ayes : Wilhelm, Hall, O'Brien, Farrier, Evans, Fickes
Nays: None
Approved: 6-0 vote
Agenda Item #6, Public Forum
Peter Sporrer, 1214 Woodsey Court, Southlake. He asked if the
Citizens could offer input into the street priority list, which is
being complied by the Road Improvements Task Force. He asked if
the list could be placed in the City newsletter.
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City Council Minutes
Cie October 15, 1991
page three
Agenda Item #7-A, Ordinance No. 480-59, 2nd reading (ZA 91-52)
Ordinance No. 480-59, is a zoning change request for 128 . 33 acres
out of the W.E. Crooks Survey, Abstract No. 295, Tract 2 and Hall
Medlin Survey, Abstract No. 1038, Tracts 2, 2A, and 2B. The
current zoning is "SF-20A" Single Family-20 Residential with a
requested zoning for "PUD" Planned Unit Development. Amended
request is for 126 . 94 acres excluding the "C-1" lot on the corner.
Owner/applicant: Charles Young and Larry Cole dba The Hills of
Monticello.
Karen Gandy, Zoning Administrator, noted thirteen notices were sent
to property owners within 200 ' and one response was received, Dee
Irwin, 1203 Ridgewood Circle, opposing the request.
On October 1, City Council approved the 1st reading by a 7-0 vote
subject to the September 29, summary review letter.
Terry Wilkenson, representing Larry Cole was present to answer
questions for Council .
The public hearing resulted with no comments from the audience.
Mayor Pro Tem Wilhelm stated about one and one/half years ago
he represented a shareholder in this development and has not
represented him since. He stated he has had nothing to do
with this development during any of these stages and does not
feel he is disqualified from a legal standpoint, or from any
other standpoint and is going to continue to sit on this
situation and is going to continue to vote on this issue.
Motion was made to approve Ordinance No. 480-59, 2nd reading,
subject to the September 27, 1991 summary review letter.
Motion: Farrier
Second: O'Brien
Mayor Fickes read the caption of the ordinance.
Ayes : Farrier, O'Brien, Hall, Wilhelm, Evans, Fickes
Nays : None
Approved: 6-0 vote.
Councilmember Barry Emerson returned to the Council table.
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City Council Minutes
October 15, 1991
page four
Agenda Item #10-A, "Keep America Beautiful"
The City Manager reminded Council that during the budget work
sessions a presentation was made by Bob Mundlin, to the Council
concerning participation in the Keep American Beautiful Program.
The consensus of the Council during the budget presentation was to
direct staff to look at funding the Southlake participation through
proceeds from the recycling program, rather than to budget
specifically in the General Fund.
Bob Mundlin stated for a city our size, there is a one-time
certification fee of $850 . and an annual program service fee of
$85 . There is also the cost of training the three (3) member
team. The next available training session will be in the
metroplex, which will cut down on expenses .
Councilmember Mike O'Brien suggested the City Council only commit
for one ( 1) year at a time. He would like to see the exact dollar
amounts of the program.
Mayor Fickes stated the Keep American Beautiful Program was taken
out of the budget and is to be funded by profits from recycling.
Councilmember Barry Emerson stated he feels the program is a good
one. He encourages getting businesses involved. He added, the
project is fairly well known throughout the state.
Councilmember Ralph Evans stated he feels individuals will also
want to get involved.
Councilmember Jerry Farrier stated he appreciates Mr. O'Brien's
concerns, however, he shares the Mayor' s opinion, that we do not
hamstring this group that is being put together at this initial
stage.
Motion was made to accept the recommendation that the City make
application into the Keep America Beautiful Program and commit the
funds for the application and to pay our dues . The funds are to be
coming out of the recycling program.
Motion: Farrier
Second: Hall
Ayes : Farrier, Hall, Evans, Emerson, Wilhelm, Fickes
Nays: O'Brien
Approved: 6-1 vote
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City Council Minutes
October 15, 1991
page five
Agenda Item #8-A, Ordinance No. 544, 1st reading. Landscape
The City Manager stated this item will need to be tabled as the
Planning and Zoning Commission will hopefully complete their review
at their next meeting.
Motion was made to table Ordinance No. 544, 1st reading.
Motion: Emerson
Second: Farrier
Ayes : Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Fickes
Nays : None
Approved: 7-0 vote (to table)
Agenda Item #8-B, Ordinance No. 545, 1st reading Burning Permits
Director of Public Safety, Billy Campbell, presented Ordinance No.
545, explaining Section #6 will be omitted as it is covered in the
Uniform Fire Code.
After discussion, motion was made to approve Ordinance No. 545, 1st
reading, omitting Section #6 .
Motion: Emerson
L40., Second: Farrier
Mayor Fickes read the caption of the ordinance.
Ayes : Emerson, Farrier, Evans, O'Brien, Hall, Wilhelm, Fickes
Nays : None
Approved: 7-0 vote
Agenda Item #8-C, Ordinance No. 547, 1st reading TMRS Update
LouAnn Heath, Finance Director, introduced an ordinance that
provides for an automatic annual updating of service credits and
annuity increases . This is the first time this option has been
available in the Texas Municipal Retirement Program. In prior
years, updated service credits and annuity increases had to be
annually approved.
The updated service credit provides for a recalculation of
retirement benefits based upon a member' s average monthly salary
for the previous three year period. Retirement benefits are
updated based upon the higher wages earned in more recent years .
Motion was made to approve the 1st reading of Ordinance No. 547 .
Motion: Farrier
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes : Farrier, Emerson, Hall, Evans, O'Brien, Wilhelm, Fickes
Nays : None
Approved: 7-0 vote
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City Council Minutes
October 15, 1991
page six
Agenda Item #8-D, Ordinance No. 548, 1st reading TMRS
Finance Director, LouAnn Heath, presented Ordinance No. 548, 1st
reading, stating the fiscal year 1991-92 budget recently adopted
made a provision for increasing the matching ratio for the
retirement program. The city pays for its retirement program
through TMRS. Currently, the city' s matching ratio is 1-1/2 to 1,
with employees contributing 5% of salary. The budget incorporates
a change in the plan to a 2 to 1 matching ratio, effective January
1, 1992 .
The City' s current contribution rate is 3 . 01% of total salary with
the 1-1/2 to 1 matching ratio. The proposed 2 to 1 ratio plan
increases the rate to 4 . 19%, plus, . 01% for the increase in
annuitants benefits, for a total rate of 4 .20% . The 1991-92 budget
for retirement benefits increased approximately $30,000, from
$80,000 to $111,000 to provide for this additional benefit.
Motion was made to approve Ordinance No. 548, 1st reading.
Motion: Farrier
Second: Emerson
Mayor Fickes read the caption of the ordinance.
Ayes : Farrier, Emerson, Hall, Evans, O'Brien, Wilhelm, Fickes
Nays : None
Approved: 7-0 vote
Agenda Item #10-B, Agreement for Utility Billing Audit
The City Manager, Curtis Hawk, stated the audit agreement is
similar to the contract we entered with City Research Services in
1989 to audit our sales tax receipts . The sales tax audit resulted
in a new return of $9,562 .88 to the City. Although the 60% fee
sounds high on the surface, any revenue the audit generates will be
lost without the audit. Staff does not have the time to conduct
such an audit.
City Council asked this item to be brought back to Council during
the next meeting, in the meantime, Staff will look into other
options .
Agenda Item #11-A, Discussion: Sign Ordinance.
Eddie Wilson, Code Enforcement Officer, present and explained the
recommendations made by the Planning and Zoning Commission on the
Sign Ordinance. The draft presented also has the comments made by
Wayne Olson, City Attorney. Areas discussed include:
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City Council Minutes
October 15, 1991
page seven
Agenda Item #11-A, Continued
1 . Section 16-B, Political signs in right-of-way.
Council suggested they not be allowed.
2 . Section 20, Billboards . The City Attorney
recommended a minimum of 672 square feet-
1,760 feet a part and 1,760 feet from a residence.
3 . Section 2 . Balloons .
4 . Article 2- Fee Structure
Council went into recess at 9 : 32 p.m.
Council returned to open session at 9 :45 p.m.
Agenda Item #11-E, Southwestern Bell Franchise Agreement
Gary Terry, was present, representing SW Bell Telephone Company.
He stated most of the franchise ordinances in the area are at least
twenty (20) years old, and Southlake' s ordinance will expire in
January 1992 . He stated Southwestern Bell has been discussing a
new uniform agreement for the 535 cities they have agreements with
tod.1 for the past several months . He presented their position to
Council .
Agenda Item #11-B, Discussion: Weed Lien Ordinance
The City Manager, Curtis Hawk, expressed this ordinance for weed
liens, is a follow-up to the agenda item of July 9, 1991 . The
proposed ordinance reflects changes necessary due to statutory
amendments in the last legislative session.
Director of Public Safety, Billy Campbell reviewed the recommended
changes for Council, stating this ordinance will be presented for
1st reading in the near future.
Agenda Item #11-C, Discussion: City Council Procedures
The City Manager, Curtis Hawk, stated over the past several years,
the City Council Procedures ordinance has been discussed. The
memorandum from Chris Terry, Assistant to the City Manager, has
outlined the discrepancies between our practice and the ordinance
which was adopted in 1985, and amended in 1987 .
Councilmember Mike O'Brien stated he would like to work on this
item with a couple of other Councilmembers and bring a suggested
amendment back to Council in the near future. He would like to
find a way to streamline the Council meetings .
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City Council Minutes
thre October 15 , 1991
page eight
Agenda Item #11-D, Discussion: Continental Park Sewer
Curtis Hawk, City Manger, stated their is still a number of people
in Continental Park Estates who have not yet connected to the sewer
system. He informed Council that in July he sent out letters to
each individual property owner not connected and told them we would
' begin enforcing the ordinance beginning Friday, November 1, 1991 .
Agenda Item #12, Adjournment
Motion was made to adjourn the meeting at 11 : 15 p.m.
Motion: Wilhelm
Second: Emerson
Ayes : Wilhelm, Emerson, Hall, O'Brien, Farrier, Evans, Fickes
Nays : None
, p�end,' 7-0 vote
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Sandra L. LeGrand
City Secretary
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Southwestern Bell Telephone /.`/t5/
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L. CITY OF SOUTHLAKE
ORDINANCE:
ENACTED: 8/15/72 RATE: 4 . 0%
EXPIRES : 1/1/92 ACCTS: LETTS
PAYMENT HISTORY: % INCR.
1981 $79
1982 $96 21 . 5%
1983 $106 10 . 4%
1984 $94 -11 . 3%
1985 $54 -42 . 6%
1986 $40 -25 .9%
1987 $11 -72 . 5%
1988 $4 , 925 *******
1989 $7 , 607 54 . 5%
1990 $7 , 515 -1 .2% r
OPTIONS (ALL ON 4% ) :
BEST YR. + TIPI : $7 , 890 5. 0%
BEST YR. + LOCAL: $9 , 828 30 .8%
+10% IGA $983
BASE YEAR PROPOSAL: $10,800 43 . 7%OVER ' 90
GROWTH IN SALES TAXABLE SWBT REVENUES : 0 .25%
====== _���aaa=_= aaa=aaaaaaa===aaaaaa
....•• ESTIMATED CUSTOMER IMPACT: FEE AMOUNT
TODAY PROP.
BASIC SERVICE RATE:
RESIDENCE SINGLE $9 .85 $0. 54 $0 .79
BUSINESS (ONE LINE) $23 .10 $1 .11 $1 .84
- 3 LINE HUNTING $82 . 05 $3.80 $6. 54
PBX TRUNK $35.20 $1 . 41 $2 . 81
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9-27 •91
CREMNAME
11
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AN CEDINANCE WHEREBY THE CITY OF SCUMLARE, TE7AS, AND
SCUTHMSTERN BELL TELEPHME PINY AGREE THAT, FUR THE
PURPOSE OF OPERATING ITS TEIF7CCMU IICATICNS BUSDESS, THE
TELEPHONE COMPANY SHALL MAINEADI AND C CRSTR liCT ITS POLES,
WINS, ANCHORS, FIBER, CABLES, MANHOLES, CIS AND OTHER
PHYSICAL PLANE AND APEURMENANCES IN, ALONG, ACROSS, ON, OVER,
IHRCU3H, ABOVE AND IIMEt AIL PUBLIC STREETS, AVENUES,
I! HIGHPAYS, ALLEYS, STEMMAS, BRIDGES aR PUBLIC WAYS IN SAID
CITY; PRESCRIBING THE ANWIAL CEMPENSATICH WE THE CITY UNDER
THIS ; PRESCRIBING THE aI'IO GOVERN:MIME USE
OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF C1 I7fli
CCNSTRUCTION %MK ON PUBLIC RIGHTS-OP-WAY FOR THE TEIEPH3RE
C CMPANY'S LEIBOOMUNICATIONS BUSINESS; PROVIDING AN IRDEmNrly
C L I]:SE; SPECIFYING GOVERNIM LAWS; FROMQS — A RELEASE OF
ALL CLAIMS CIAIMS UNDER PRICII ORDINANCES; PROVIDING FOR FUTURE
: PROUD:CM FOR WRITTEN ACCEPrANCE OF THIS
CL2DDiANCE BY THE TEUMRINg OQPANY; AND PROVIDING PU A TERM
AND AN EF FECI'IVE DATE.
Southwestern Bell Telephone Ca pany (hereinafter referred
to as the "TELEPHONE C ANY") is now and has been engaged in the
telecar¢mzications business in the State of Texas and in furtherance thereof,
has erected and maintained certain items of its physical plant in the City of
Southlake, Texas (hereinafter referred to as the "CITY") for many years
pursuant to such rights as have been granted it by and under the laws of the
State of Texas, and subject to the reasonable exercise of the police powers
granted by and under said laws to the CITY; and
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WRAS, the TELEPHONE COMPANY has operated its teleoca munications
business in the CITY under successive ordinances of the CITY, the last of
which was Ordinance Number 189 adopted August 15, 1972, which provided
compensation to the CITY for the superintendence of that agreement based upon
I! a percentage of gross receipts received by the TELEPHONE COMPANY from certain
local services rendered within the corporate limits of the CITY; and
MFAS, it is recognized by the parties that changes in the
telecommunications industry, changes in technology, changes in state and
federal law, and changes in the acting practices mandated by the Uniform
System of Accounts promulgated by the Federal Ccamamications Commission
(64e ("FCC") , along with regulatory requirements of the Texas Public Utility
Commission ("PUC") , have caused the traditional method of determining the
11[
amount of compensation to municipalities to beocatie administratively
impractical and obsolete for telecommunications utilities. In order to
resolve these issues in a manner satisfactory to both the CITY and the
TELEPHONE COMPANY, the CITY and the TELEPHONE COMPANY have chosen the method
of determining the amount of compensation provided for in this Ordinance to
eliminate the expense and time related to audits, to achieve administrative
simplicity, to provide the CITY with predictable revenues and an opportunity
for growth and to avoid the expense and delays of litigation which could be
necessary to resolve any issues in controversy between the parties; and
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S, it is to the mutual advantage of both the CITY and the
TIIiE COMPANY that an agreement should be entered into between the
TELEPHONE COMPANY and the CITY establishing the conditions under which the
TELEPHONE COMANY shall maintain and construct its physical plant in the CITY
I! in the future;
}uq, THEREFORE, BE IT ORDAINED BY THE CITY 0....
OF THE CITY OF 9WIIIIARE, TEXAS, THAT:
SECTION 1 - PORPOSE
Law
Pursuant to the laws of the State of Texas, the CITY Charter and this
Ordinance, the TELEPHONE COMPANY has the NON-EXCLUSIVE right and privilege to
USE the public RIGHT'S-OF-WAY in the CITY for the operation of a
telecommunications system subject to the restrictions set forth herein. The
TEMPHCCE OQPANY may USE such RIGHTS-OF-WAY for its telecaaramications
FACILITIES. The TE1EPHONE COMPANY'S FACILITIES and TRANSMISSION MEDIA used
in or incident to the provision of telecommunications service and to the
1: maintenance of a teleoaimiunications business by the TELEPHONE CI ANY in the
CITY shall remain as now constructed, subject to such changes as under the
conditions prescribed in this Ordinance may be considered necessary to the
kb. public health and safety by the CITY in the exercise of its lawful police
powers and such changes and extensions as may be considered necessary by the
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TELEPHONE OCNPANY in the pursuit of its telecanmunications business. The
terms of this Ordinance shall apply throughout the CITY, and to all
I! operations of the TELEPFICNE COMPANY within the CITY, and shall include all
operations and FACILITIES used in whole or in part in the provision of
110 telecommunications services in newly annexed areas upon the effective date of
any annexation.
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SECTION 2 - ADOII'IZ CHsiL AUTHORITY REQUIEM
I!
The TELEPHONE COMPANY is not authorized to provide cable television service
in the CITY under this Ordinance, bit must first obtain a separate agreement
frau the CITY for that purpose, under such terms and conditions as may be
required by law. This Section does not preclude the TELEPHONE COMPANY from
providing its tariffed services to cable television companies.
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SECTION 3 - IEFfl TIa
1: Whenever used in this Ordinance, the following words and terms shall have the
definitions and meanings provided in this Section:
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(a) FACILITIES: all IIIIEFHONE COUTANY duct spaces, manholes, poles,
1: conduits, underground and overhead passageways, and other equipnent,
11 structures and appurtenances and all associated TRANSMISSION MEDIA.
(b) USE: any TELEPHONE CCNRANY acquisition, construction, reconstruction,
I! maintenance or operation of any FAcrums in, over, under, along,
through or across the public RIGHTS-OF-WAY for any purpose whatsoever.
11 (c) CITY: The City of Southlake, Texas.
11 (d) RIGHTS-OF-WAY: all present and future streets, avenues, highways,
alleys, bridges and public property within the city limits of the CITY.
(e) DIRECTION OF THE CITY: all ordinances, laws, rules, regulations, and
fre charter provisions of the CITY now in force or that may hereafter be
passed and adopted which are not inconsistent with this Ordinance.
(f) TRANSMISSION MEDIA: all TELEPHONE COMPANY cables, fibers, wires or
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other physical devices used to transmit and/or receive communication
signals, whether analog, digital or of other characteristics, and
whether for voice, data or other purposes.
(g) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the CITY shall
be exclusive, and the CITY reserves the right to grant franchises,
licenses, easements or permissions to use the public RIGHTS-OF-W Y
within the CITY to any person or entity as the CITY, in its sole
discretion, may determine to be in the public interest.
(h) TELEPHONE COMPANY: Southwestern Bell Telephone Canpany.
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SECTION 4 - TERN
11 This Ordinance shall continue for a period of one (1) year from the effective
date hereof; provided that at the expiration of the initial period, such term
nay be extended by mutual written agreement of the CITY and TELEPHONE
OCANY.
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SE TICK 5 - SQPFRVISICN BY CITY OF LOCATION OF POIES AND CENEUIiS
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Al]. poles placed shall be of sound material and reasonably straight, and
1:41' shall be set so that they will not interfere with the flow of water in any
gutter or drain, and so that the same will not unduly interfere with ordinary
travel on the streets or sidewalks. Zhe location and route of all poles,
stubs, guys, anchors, conduits, fiber and cables placed and constructed by
the TELEPHONE COMPANY in the construction and maintenance of its
telecxamamications system in the CITY shall be subject to the lawful,
reasonable and proper control and DIRECTION OF THE CITY.
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SEC I'ICN 6 - ATTACHMENTS TO POUFS AND SPACE IN
11 Nothing contained in this Ordinance shall be construed to require or permit
any pole attachments far electric light or power wires or o®muzicationls
facilities or systems not provided by the TELEPHONE OCMPANY to be attached to
the TELEPHONE OCNPANY'S poles or other physical plant or placed in the
11
TELEPHONE COMPANY'S conduit. If the CITY desires pole attachments for
11 electric light or power wires or communications facilities or systems not
provided by the TELEPHONE COMPANY, or if the CITY desires to place
11 ocxmninications facilities or systems not provided by the TEIEPHONE C MNANY in
any TELEPHONE COMPANY duct, then a further separate, noncontingent agreement
shall be prerequisite to such attachments) or such use of any duct by the
CITY. Nothing contained in this Ordinance shall obligate or restrict the
TELEPHONE COMPANY in exercising its rights voluntarily to enter into pole
attachment, pole usage, joint ownership or other wire space or facilities
agreements with light and/or power companies or with other wire-using
C: carpanies which are authorized to operate within the CITY.
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SECTION 7 - sue-eaS TOPE RESIORED TO PM-MC[57TM OCNDITICN
The surface of any public street, avenue, highway, alley or public place
disturbed by the TELEPHONE COMPANY in the construction or maintenance of its
(we telecormunications system shall be restored within a reasonable time after
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the oailetion of the work to as good a condition as before the canumx emnt
of the work. Should the CITY reasonably determine, within one year fran the
date of such restoration, that sudh surface requires additional restoration
work to place it in as good a condition as before the oaamenoement of the
1! work, the TEIZIMINTE OCMANY shall perform such additional restoration work to
the reasonable satisfaction of the CITY. No public street, avenue, highway,
alley or public place shall be encumbered for a longer period than shall be
reasonably necessary to execute all work.
Caw SECTION 8 - maxmampaumenomaa OF AERIAL WIRES
Upon request, the IELEXHONE COMPANY shall remove or raise or lower its aerial
wires, fiber or cables temporarily to permit the moving of houses or other
bulky structures. The expense of such temporary rearrangements shall be paid
by the party or parties requesting them, and the TELEPHONE COMPANY may
require payment in advance. The TEUMMNE COMPANY shall be given not less
than forty-eight (48) hours advance notice to arrange for such temporary
rearrangements.
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SECTION 9 - TREE TRIMMING
11 The right, license, privilege and permission is hereby granted to the
TELEPHONE OCMPANY, its contractors and agents, to trim trees upon and
overhanging the streets, avenues, highways, alleys, sidewalks and public
places of the CITY so as to prevent the branches of such trees from coming in
contact with the aerial wires, fiber or cables of the TELEPHONE COMPANY, and
11 then so directed by the CITY, said trimming shall be done under the
supervision and direction of the CITY or of any CITY official to wham said
11 duties have been or may be delegated.
SECTION 10 - INDEMNITY
The TELEPHONE COMPANY shall indemnify and hold the CITY harmless fray all
costs, expenses (including attorney's fees) and damages to persons or
property arising directly or indirectly out of the construction, maintenance
or operation of the TELEPHONE COMPANY'S FACILITIES located within the public
RIG IS-OF-WAY found to be caused solely by the negligence of the TE1EPHONE
COMPANY. This provision is not intended to create a cause of action or
liability for the benefit of third parties but is solely for the benefit of
the TELEPHONE COMPANY and the CITY.
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SECFIQi11 - AL24INISIPAT7Cti OFQ E
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(a) The CITY may, at any time, make inquiries pertaining to this Ordinance
and the TELEPHONE COMPANY shall respond to such inquiries on a timely basis.
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(b) Copies of petitions, applications, ommunicatfons and reports submitted
by the TELEPHONE OCi PANY to the Federal Catmanications Commission or the
Public Utility Commission of Texas shall be provided to the CITY upon
request.
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(c) The CITY may establish, after reasonable notice, such rules and
(Vie regulations as may be appropriate for the administration of this Ordinance
and the construction of the TELEPHONE CCITANY'S FACILITIES an CITY property
to the extent permitted by law.
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SECTION 12 - OQTICN TO THE CITY
(a) As compensation for the use, occupancy, oversight,
gh , supervision and
regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in full
compensation for any lawful tax or license or charge or RIGHT-OF-WAY permit
fee or inspection fee, whether charged to the TEUTHCVE COMPANY or its
coartractor(s), or any RICW-OF-WAY easement or street or alley rental or
franchise tax or other character of charge for use and ocalpancy of the
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RIG IS-OF Y within the CITY, except the usual general ad valorem taxes,
ICspecial assessments in accordance with State law or sales taxes now or
hereafter levied by the CITY in accordance with State law, the CITY hereby
imposes a Charge upon the Gross Receipts (as hereinafter defined) of the
TELEPHONE CPANY. The amount of the Charge for the first year this
Ordinance is in effect shall be $ . In no event shall such
Charge be less than the above amount for each year this Ordinance is in
effect, except as provided in the case of disarmexation as set forth in
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paragraph 12(e) , or as provided in Section 16 herein.
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The TEIEPHONE COMPANY will, according to tariff, bill such Charge to the
ire customers billed the customer service charges included within the term "Gross
Receipts," as defined herein. Gross Receipts, for purposes of this Charge
1[
shall include only customer service charges which meet all four of the
1[ following conditions: (1) such charges are for TIIiE COMPANY services
provided within the CITY; (2) such charges are billed through the TELHO E
COMPANY'S Customer Records Information System ("CRIS") ; (3) such charges are
the recurring charges for the local exchange access rate element specified in
1: the TELEIHONE COMPANY'S tariffs filed with the PUC; (4) such charges are
subject to an interstate end user common line ("EUCL") charge as imposed by
the Federal Communications Commission ("FCC") .
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For the second and subsequent years while this Ordinance remains in effect,
1:„., the above Charge is subject to adjustment by application of the Growth Factor
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set out in paragraph 12(c) . This adjustment for the Growth Factor will be
1[ made effective as of each anniversary date of this Ordinance.
The TELEPHONE CCIIPANY shall adjust its billings to customers to account for
any undercollection or overcollection for the prior year.
(b) The Charge for each year shall be paid in four (4) equal installments on
May 31, August 31, November 30 and February 28 except for the final
installment for the last year which shall be due as hereafter provided. This
final installment for the year in which this Ordinance expires, after making
any necessary adjustment for the balance of any overcollection or
fr.
undercol lection of the Charge to or fran the TELEPHONE COMPANY'S customers,
shall be paid to the CITY within one hundred fifty (150) days following the
date of expiration of this Ordinance. In the event of any overcollection
balance fran customers at the expiration of this Ordinance, the TELEPHONE
COMPANY may make a pro rata one-time credit to the customer billing for
affected customers who are billed for a service included within Gross
Receipts, as defined in paragraph 12(a) , provided, however, if it is
impractical to credit such overcollection to customers, then such
overcollection shall be paid to the CITY.
(c) The Grawth Factor shall be calculated by dividing the TELEPHONE COMPANY'S
revenues within the corporate limits of the CITY subject to the state
telecotmiunications sales tax ("Sales Tax Revenues") applicable to services
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rendered within the corporate limits of the CITY for the twelve month period
ending three (3) months prior to the next anniversary date of this Ordinance
by the Sales Tax Revenues for the twelve month period ending three (3) months
prior to either the initial effective date or the preceding anniversary date
11 of this Ordinance as applicable. The Growth Factor calculated by the method
set forth in the preceding sentence, if greater than one, shall be multiplied
by the current year's Charge to determine the dollar amount of the Charge for
the next year. If the Growth Factor calculated above is one or less, the
Charge for the next year shall be equal to the current year's Charge. The
TELEPHONE COMPANY will adjust its customer billing to account for the Growth
Factor calculated above.
fir
Stated another way, for example, the Charge and Growth Factor for the first
three years of an ordinance shall be calculated as follows:
Examp le: a and Growth Factor for an Ordinance Effective October1, 1991
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Payment Oct. 1, 1991- Charge for the first = First Year
Year 1 Sept. 30, 1992 payment year Charge
Payment Oct. 1, 1992- First year Charge x Growth = Second Year
Year 2 Sept. 30, 1993 Factor, if any Charge
(Sales Tax Revenues for
12 month period ending
3 months prior to
Oct. 1, 1992 ("STR"] s by
Sales Tax Revenues for
12 month period ending
3 months prior to
Oct. 1, 1991 ["STR"])
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Payment Oct. 1, 1993- Second year Charge x Growth - Third Year
Year 3 Sept. 30, 1994 Factor, if any Charge
(Sales Tax Revenues for
12 month period ending
3 months prior to
Oct. 1, 1993 ("SIR"] t by
Sales Tax Revenues for
12 month period ending
3 months prior to
Oct. 1, 1992 ("STR"])
Once the Growth Factor calculation is completed, the TELEPHONE COMPANY will
provide the CITY with the Sales Tax Revenues upon which the Growth Factor
calculation was based.
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The CITY agrees to rely upon audits by the Texas Ctroller of Public
Accounts of state telecommunications sales taxes as reported by the TELEPHONE
OOMPANY which are performed in compliance with Sections 151.023 and 151.027
of the Texas Tax Code Annotated (Vernon's 1982) .
(d) Such payments shall not relieve the TELEPHONE COMPANY from paying all
applicable municipally-owned utility service changes. Should the CITY not
have the legal power to agree that the payment of the foregoing Charge shall
be in lieu of the taxes, licenses, charges, RIGHTS-OF-WAY permit or
inspection fees, rentals, RIGHTS-OF-WAY easements or franchise taxes
aforesaid, then the CITY agrees that it will apply so much of such payments
as nay be necessary to the satisfaction of the TELEPHONE COMPANY'S
obligation, if any, to pay any such taxes, licenses, charges, RI(3 IS-OF-WAY
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permit or inspection fees, rentals, RIGHTS-OF-WAY easements or franchise
taxes.
(e) In the event that either 1 territory within the boundaries of the CITY
shall be disannexed and a new incorporated n nicipality created which
includes such territory or (2) an entire, existing incorporated municipality
ICshall be consolidated or annexed into the CITY, then notwithstanding any
other provision of this Ordinance, the Charge shall be adjusted. To
Ifh
accomplish this adjustment, within thirty days following the action effecting
a disannexation/annexation as described above, the CITY shall provide the
TELEPHONE COMPANY with maps of the affected area(s) showing the new
boundaries of the CITY.
In the event of an annexation as described above, the Charge for the CITY
will be adjusted to include the amaint of the payment by the TOTE
COMPANY to the existing incorporated municipality being annexed. In the
event that the annexed municipality had no ordinance imposing a Charge or in
the event of a disannexation, then the adjustment to the Charge will be
calculated using the effective date of the imposition of Local Sales Taxes as
determined by the Texas Comptroller of Public Accounts. The adjustment shall
1:
be the percent increase/decrease in the TELEPHONE COMPANY'S Gross Receipts as
defined herein for the CITY for the first calendar month following the Local
Sales Tax effective date compared to the last month prior to such effective
Fikib, date. This adjustment to the Charge will be made on the first day of the
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second month following the Local Sales Tax effective date and the adjusted
Charge shall be prorated from that date through the remainder of the payment
ICyear. The Charge as adjusted shall be used for all future calculations
required by this Ordinance.
SECTION 13 - ASSIGNMENT OF ORDINANCE
This Ordinance andaTl rights or privileges hereunder shall not be assignable
to any other entity without the express consent of the CITY. Such consent
shall be evidenced by an ordinance which shall fully recite the terms and
conditions, if any, upon which such consent is given.
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SECTION 14 - 14.71UAI RELEASES
The CITY hereby fully releases, discharges, settles and cca pronises any and
all claims which the CITY has made or could have made arising out of or
1: connected with Ordinance Ntmber 189 adopted August 15, 1972, and renewed or
extended from time to time thereafter, and its predecessor ordinances, if
any, (hereinafter referred to collectively as "Ordinance 189"). This full
and complete release of claims for any matters under Ordinance 189 shall be
for the benefit of Southwestern Bell Telephone Company; its parent; its
1:by affiliates; their directors, officers and employees; successors and assigns;
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and includes any and all claims, actions, causes of action and controversies,
presently known or unknown, arising directly or indirectly out of or
connected with the TELEPHONE COMPANY'S obligations to the CITY pursuant to
the provisions of Ordinance 189. Southwestern Bell Telephone Company, its
parent, its affiliates, successors and assigns hereby fully release,
discharge, settle and compromise any and all claims, actions, causes of
1[ action or controversies heretofore made or which could have been made, known
or unknown, against the CITY, its officers or its employees, arising cut of
or co nected with any matters under Ordinance 189.
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It is the intent of the CITY and the TELEPHONE COMPANY to enter into the
foregoing mutual releases in order to reach a compromise that is acceptable
to both the CITY and the TELEPHONE COMPANY. This Ordinance and the mutual
releases set forth in this Section represent a compromise of each party's
claims as well as each party's defenses, and is not intended to be and is not
an admission of liability or vulnerability by either party to the other with
respect to either the claims or the defenses asserted against the other.
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SECTION 15 - REPEAL OF OVPLICI'IIC ORDINANCES AND AXIS
Ordinance Ntmiber 189 adopted August 15, 1972, is hereby repealed; provided,
however, such repeal shall take effect at 11:59 p.m. on the day immediately
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preceding the effective date specified in the Section of this Ordinance
entitled "ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE". All other ordinances
and agreements and parts of ordinances and agreements in conflict herewith
are also repealed, which repeal shall take effect at the time and on the date
specified in the preceding sentence.
SECTION 16 - FUTURE CONTINGENCY
Notwithstanding anything contained in this Ordinance to the contrary, in the
event that (a) this Ordinance or any part hereof, (b) any tariff provision by
which the TEZ ONE OCN1PANY seeks to collect the Charge imposed by this
Ordinance, or (c) any procedure provided in this Ordinance, or (d) any
compensation due the CITY under this Ordinance, becomes, or is declared or
determined by a judicial, administrative or legislative authority exercising
its jurisdiction to be excessive, unrecoverable, unenforceable, void,
unlawful or otherwise inapplicable, in whole or in part, the TELEPHONE
COMPANY and CITY shall meet and negotiate a new ordinance that is in
compliance with the authority's decision or enactment and, unless explicitly
prohibited, the new ordinance shall provide the CITY with a level of
tion le to that set forth in this Ordinance provided that
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such compensation is recoverable by the TELEPHONE COMPANY in a mutually
agreed manner permitted by law for the unexpired portion of the term of this
Ordinance.
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SEC ICN 17 - DOVE N1 IAW
(a) This Ordinance shall be construed in accordance with the CI'rY Charter and
CITY Code(s) in effect on the date of passage of this Ordinance to the extent
that such Carter and Code(s) are not in conflict with or in violation of the
Constitution and laws of the United States or the State of Texas.
(b) This Ordinance shall be construed and deemed to have been drafted by the
c anbined efforts of the CITY Y and the TELEPHONE CaMPANY.
fre
SECTION 18 - ACCEPTANCE OF ACTT AND EFFECTIVE DATE
The CITY shall deliver a properly certified copy of this Ordinance to the
TELEPHONE COMPANY within three (3) working days of its final passage. The
TOTE COMPANY shall have thirty (30) days fran and after the final
passage of this Ordinance to file its written acceptance of this Ordinance
with the CITY Secretary. This Ordinance shall became effective beginning the
first day of the quarter not less than forty-five (45) days after its final
passage by the CITY.
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Passed and approved following the, A.D., 1991. reading hereof this day of
Mayor,
City of Scuthiake, Texas
ATTEST:
City Secretary
I, , City Secretary of the City of
IfVe
Southlake, Texas, do hereby certify that the foregoing is a true and correct
copy of Ordinance Number , finally passed and approved by the City
Council of Southiake, Texas, following the reading thereof at a
regular meeting held on the day of , 1991.
City Secretary
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