The URL can be used to link to this page

1991-11-05 CC Packet City of Southlake,Texas CITY OF SOUTHLAKE, TEXAS REGULAR CITY COUNCIL MEETING: NOVEMBER 5, 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) 2(j ) . 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 15, 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. Consider: A. Award of bid for Mid-Size Pick Up Truck for Public Works Department. REGULAR AGENDA 6 . A. Public Appearance: Richard Allen, in regards to the Southlake Volunteer Fire Department. B. Public Forum. City of Southlake,Texas City Council Agenda November 5, 1991 page two 7 . Consider: Ordinances, second reading and related items. A. Ordinance No. 545, 2nd reading. Relating to Burning Permits. Public Hearing. B. Ordinance No. 547, 2nd reading. T.M.R.S. Updated Service Credits on an annual basis. Public Hearing. C. Ordinance No. 548, 2nd reading. T.M.R.S. Providing for increased municipal contributions. 8 . Consider: Ordinances, first reading and related items. A. ZA 91-59, Final plat of SouthRidge Lakes, Phase IV, Sections One and Two. Section One is legally described as 25 .474 acres out of the A.A. Freeman Survey, Abstract No.522 . Section Two is legally described as 6 .64 acres out of the L.B.G. Hall Survey, Abstract No. 686 . Section One proposes 41 lots and is located North of Phase III, East of the J.W. Sullivan tract and South of the Fred Joyce Property. Section Two proposes 11 lots and is located North and East of Phase II and West of the Belgium American property. Owner/Applicant: Arvida/JMB Partners, L.P.-II . B. Ordinance No. 544, 1st reading. Landscape. 9 . Consider: Resolutions A. Resolution No. 91-44, Request for variance to Masonry ordinance for Timarron Addition. Public Hearing. 10. Other items for consideration. A. Interlocal agreement between the City of Southlake and Tarrant County Health Department for food service and public swimming pool sanitation program. B. Voting for members of the Board of Directors of Tarrant Appraisal District. City of Southlake,Texas City Council Agenda October 15, 1991 page three 11. Other items for discussion. A. Sign Ordinance. 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, November 1, 1991, at 5:00 p.m. , pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. Sandra L. ILeGrand S , � City Secretary J' 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 contemplate litigation subjects set out above. After discussion of the pending and contemplated litigation subjects, in executive session, an 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. complete list of the City Boards and Commissions are on file in the City Secretary's Office. DEPLOYMENT OF SECURITY PERSONNEL- Section 2 ( j ) Regarding the deployment or specific occasions for implementation, of security personnel or devices. 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 11/01/91 City of Southlake,Texas M E M O R A N D U M i November 1, 1991 TO: Honorable Mayor and Members of City Council i FROM: Curtis E. Hawk, City Manager SUBJECT: Agenda Item Comments and Other Items of Interest City Council Meeting 11/05/1991 - 1. Agenda Item No. 5A. Award of Bid for Public Works Truck. The low bid was North Loop Dodge. Note that of the eight (8) bidders, only two were Dodges. There was early concern expressed by Council that the bid specs appeared to exclude all but the Dodge. Corrections were made to the specifications to assure other bidders. 2. Item 6A Public Appearance by Richard Allen in regard to the Southlake Volunteer Fire Department. Most of you have received calls regarding this item on the Agenda. Unfortunately, this appears to be a situation that has been fueled by one individual in the volunteers and by two members of the paid staff who are unhappy with the direction taken by Billy Campbell, Director of Public Safety, Malcolm Jackson, Acting Deputy Director, Fire Services, and me. There is a public position taken by Richard Allen and his supporters, albeit a changing position, and there is (apparently, from my perspective) a hidden agenda. Some background may provide insight to my perspective. When Mr. Allen first began talking, he had an agenda to reappoint Don Wilson as head of Fire Services. When he came to believe that the City Council would support Director Campbell and me in the action taken concerning Don Wilson, he changed his stance to one in opposition to the DPS concept. Upon realizing that the concept of DPS is committed to, Mr. Allen has now decided to attack the personalities of the leadership. He has told a number of people that Director Campbell and Deputy Director Jackson treat the Fire Services Division as a paramilitary organization, and treat the volunteers as children. On point, the Police and Fire Services nationwide are paramilitary in that there is a command and rank structure, organized training provided, orders given, and an expectation that when given, orders are followed. This must be so in routine and training activities as well as in emergency situations. Lives and property are at stake. This is why even in the unionized and civil service cities, failure to follow orders subjects an individual to termination. For the first time, the paid personnel in our Fire Services now operate in a paramilitary setting, however, we will not separate the concept of professionalism from chain of command/rank structure. We will expect professionalism. Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 1, 1991 Page 2 Concerning the volunteers, we recognize the value of what we have and seek only to enhance their contribution. There is a move across the state, particularly in the large urban areas, to demean the use of volunteer police and fire. Campbell and I do not subscribe to that movement. Campbell has worked with volunteers in other cities and is aware of the dynamics involved. Everything we have attempted, with both Police Reserves and Volunteer Firefighters, has been directed at enhancing their use. We recognize that a communication gap exists between the paid firefighters and the volunteers, and between the "administration" and the volunteers. Wednesday, October 9, Campbell, Don Wilson, and I met with the Executive Board of the volunteers to discuss and begin to work through the problem. We made it very clear that we have a symbiotic relationship, that we hope to permanently maintain the presence of volunteers. We also made it clear that things need to change in order to protect both the volunteers-- individually and as an organization--and the City. Campbell has had follow-up meetings with the volunteers. However, the communication gap is still manifested. This is one of the factors in the change in command. With the change in command, we can now address the problem. (Richard Allen is not on the Board, thus was not present. He was at the follow-up meetings but had no questions or comments. ) It has not helped that Richard Allen and several others have tried, in effect, to interdict our progress. They do not want the City to have any control over the activities of the Volunteers. For the obvious reasons (liability, safety, etc. ) , we must have control over their activities in the station, on the apparatus, and on the emergency scene. This is not something new. In researching our files, we discovered that Ordinance No. 140 (1966; copy attached) provides that all members of the volunteers must be approved by City Council (Section II) , and that the "Constitution and By-laws" of the volunteer Fire Department shall be subject to the approval of the City Council (Section XIII) . This has not taken place previously. We are working toward this. For your information, Richard Allen was injured slightly (shoulder strain) in working a fire in September. He is currently being treated. Our workers' compensation is paying for the treatment. There is risk involved for the volunteers. We recognize this, and appreciate the fact of their risk. However, we must be cognizant of the other risks. Related I received a telephone call from Randy Bradley, Peytonville Ave. , Southlake. He is a long-time Southlake resident, and is employed as a firefighter in Grapevine. He called to point out several concerns: Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 1, 1991 Page 3 1 - it is his observation that Southlake only staffs the Fire Services with enough to get by, is concerned about money, and has historically treated fire services as a necessary evil; 2 - the DPS system cannot work (a police officer cannot be a firefighter, a firefighter cannot be a police officer) ; 3 - Southlake needs more paid firefighters and less volunteers; 4 - the "new" administration has the firefghters working from 7: 00 a.m. to 10: 00 p.m. , which is too long; the firefighters should be released from duty around 4-5 p.m. so they will be well rested if they get a call at night; 5 - the volunteers have been told that they cannot hang around the station after a call. Mr. Bradley was very polite, and pointed out that he was speaking only as a taxpayer. He said he recognized that traditionally the rank and file disagree with administration, i.e. , management and Council, over the manpower issue. I did not debate the issue, although I respectfully expressed a difference of opinion on working hours and the DPS concept. I did make the following comments on points 3-4-5: 3 - we hope to maintain a level of trained volunteers for a long time, if possible always, to augment our paid staff; 4 - the firefighters are not working to punish them, but to get things done including basic maintenance of station, equipment, and apparatus. They are given an hour for lunch and the evening meal, plus two (2) hours of free time. The free-time schedule is up to the shift lieutenants. Usually, it will be 8-10 p.m. This works out to 12 hours, which is their work-day in the 24-hour work-shift (as recognized by FLSA) ; This is not an unusual schedule, although it may be unusual for the City of Grapevine. 5 - volunteers have not been told to stay away from the station following a call. They have been told to wear -- their uniform while in the station and during training, and to not sit in the day room watching T.V. when the paid firefighters are working, rather, to train with or work with the paid people. (I noticed Richard Allen in uniform assisting the paid firefighters this morning with their check lists. ) Several of our paid firefighters are volunteers in their communities. One of our shift commanders, Lt. Garland Wilson, was until a few months ago the Volunteer Chief in Aubrey. He is still a volunteer there, as is Firefighter Testerman. It Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 1, 1991 Page 4 was Lt. Garland Wilson who directed several volunteers to go home and return with their uniforms if they were going to be at the station. Attached for your information is a packet of material disseminated by Acting Deputy Director Jackson to the Fire Services personnel. One Last Point There has been concern expressed by some of you that the situation with the volunteers is about to become blown out of proportion, like the police controversy 3 years ago. It will not unless we let it. I am meeting tonight with the President of the Volunteers, and next Monday evening at 6: 00 we are having a meeting with the Executive Committee of the Volunteers. We mentioned to you on several occasions that we could expect several paid firefghters and several volunteers to leave once we made a change in the Deputy Director. We still expect this, however, we believe there will be few resignations. 3 . Agenda Item No 7A Ordinance No. 545. Burn Permits. The only change in the ordinance since first reading is the elimination of the section dealing with flame devices (previously Section 6) , and the renumbering of the sections. 4. Agenda Items 7B-7C. Recall that these two were approved in the annual budget and are routine, but because of the requirement to read the preamble to the ordinances they cannot be placed in the consent agenda. 5. Agenda Item 8A ZA 91-59 Final Plat of SouthRidge Lakes, Phase IV. Note especially the Second Plat Review Summary (pg. 8A-10, blue page) . I have heard comments from members of the Board of Adjustment that Arvida is doing all sorts of things that are not in compliance with our ordinances. I checked with the staff and such is not the case. The only exceptions have been approved by City Council. FYI, note the letter attached hereto from Sean Randall concerning the Peytonville reconstruction. I can not be sure of what was said exactly without listening to the minutes, but I take this letter to be a commitment. It is normal to pay for a project in the method Sean agrees to. 6. Agenda Item No 8B Landscape Ordinance No. 544._ The attorney will bring the preamble and other boiler plate language necessary for approval to the meeting. Staff and volunteers (including P&Z) have worked laboriously on this ordinance. Work on this ordinance began almost three (3) years ago. It first went to City Council in May, 1989, as Section 39 of Zoning Ordinance "Parking Lot Landscaping. " A Honorable Mayor and Members of City Council Agenda Item Comments and Other Items of Interest November 1, 1991 Page 5 7. Agenda Item No 9A Timarron Addition Masonry Variance. This item has been requested to be tabled by Mobil. 8. Agenda Item No 10A Interlocal Agreement with Tarrant County for health inspections. This agreement is a continuation of the existing agreement. Note that the agreement is for food service and public swimming pool inspections. The County recognizes that since we do not have public swimming pools, we do not need a public pool ordinance. The agreement is the County's standard agreement. The agreement makes it available to us if needed. The County has requested we make changes in our Health Food Service Ordinance. We will bring this to you for your consideration next meeting. 9. Agenda Item No. 10B. TAD Board. We will have bio information on the nominees by Tuesday. 10. Agenda Item No. 11A. Sign Ordinance. Note the changes made by the attorneys and staff on the ordinance. With your direction, we will be able to bring this before you for first reading next meeting. OTHER ITEMS OF INTEREST 11. FM1709 Utility Relocation. Note the attached memo from Michael Barnes, DPW, concerning the utility line relocation. 12 . Southlake Park Service Water CCN. Note the letter from WKO and attachments concerning the Southlake Park CCN. 13 . Note the letter from W.F. Meisetschleager concerning an accident in Southlake. ( . �1, CEH/ t Arvida Company TEXAS/MIDWEST DIVISION 1530E DALLAS PARKWAY SUITE350 350 DALLAS,TEXAS 75248.4645 TELEPHONE:(214)980-5075 JJ cg,Fc � WT2 ! 1991 October 17, 1991 OFFICE OF CITY MANAGER Mr. Curtis Hawk City Manager City of Southlake 667 N. Carroll Avenue Southlake, TX 76092 Dear Curtis: I want to clarify our position with regard to funding the improvements on Peytonville Road to a width of 24 feet from FM 1709 to the entrance to Raven Bend at the north end or our property. The contemplated roadwork is to be part of the joint Tarrant County/city road improvement program in which the respective city pays for the materials and Tarrant County provides the labor to improve the road. Arvida has committed to funding the City of Southlake's actual cost of materials in cooperation with Tarrant County who will provide the labor. Initial cost estimates we received showed the materials will be approximately $90,000. Subsequent conversations have indicated that materials cost may be as low as $75,000. Arvida's committment has always been to fund the City's actual materials cost for that section of Peytonville Road improved to a width of 24 feet up to a maximum of $100,000. If the City's materials cost is less than $100,000, then Arvida would only fund the lesser amount. In no event would Arvida fund more than $100,000. Furthermore, as I am sure you can well understand Curtis, we typically pay for construction which is in-place at the time of billing on a monthly basis utilizing a standard 10% retainage until the job is complete and has been accepted by the City. We would request that before construction commences, we have the opportunity to review the final materials cost estimate for the job. We also realize the final price may be slightly different, plus or minus 2-3% from the pre-construction bid. Therefore, we would want to review any change orders to the pre-construction bid once the project begins. This would help us with our budgeting for this project. i Mr. Curtis Hawk October 17, 1991 Page Two Obviously, we are available to meet with you and Mayor Fickes at your convenience should you wish to discuss this in more detail. Sincerely. i Sean G. Randall cc: Mayor Gary Fickes Bruce E. Smith City of Southlake,Texas CITY MANAGER M E M O R A N D U M November 01, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Utility Relocation Update From F.M. 1938 to Hwy 114 ------------------------------------------------------------- As you are aware we have contracted with Pate brothers to relocate our water lines along F. M. 1709 beginning in June of this year. The contractor is approximately 80% complete. The only remaining major portions of the contract to be completed are the three sections of the 20 inch line that need to be lowered and most of the 12" line from White Chapel to Carroll Avenue. Barring bad weather the contractor should be completed by the end of the year. There are approximately 8 properties along F. M. 1709 that are still in the condemnation process . These owners are: CONDEMNATION NAME PARCEL HEARING DATE Carter 166 Agreement Imminent Pleasant Hill Church 167 November 04 Billie Hayes 191 November 25 Bill Rucker 190 192 December 09 C. A. Prade 201 October 01 Barbara Gordon 232A January 03, 1992 Don Perry 233A Agreement Imminent Holter 241 December 03 The above parcel 's that are keeping our contractor from completing the project are Carter, Pleasant Hill Church, Hayes and Gordon. Prade and Rucker have given the City easements across their property. The Perry and Holter parcels do not adversely effect the City's project. Regardless of what happens on the condemnation hearings the contractor should be completed sometime in December. The sections of water line that have been capped because the property has not been acquired will be corrected at a later date after the acquisition of the property. i I City of Southlake,Texas The position of the other utility Company's are as follows: 1. GTE - They are 98% completed with their construction and should finish within 30 days after all right-of-way has been purchased. 2 . T U Electric - They have informed the City that they (inconjunction with Tri-County Electric) will start construction in January 1992 and should be completed in May 1992 barring bad weather. 3. Lone Star Gas - They are waiting until all parcels have been purchased before starting construction. I would like to point out that in January bids will be received for relocating the water lines along F. M. 1709 from Pearson Lane to F. M. 1938. This is being done at this time because the plans for that portion of F. M. 1709 was completed only until recently. Also any water lines along F. M. 1709 that have been capped because the property has not been acquired will be included in this contract. If the Utility Companies stay within their schedule as stated above the highway department will be able to have their bid letting in July 1992 as scheduled. If you have any questions please contact me. MHB/gh M =,. FIELDING, BAR= & TAYLOR CARvAN E.ADmNs ATTORNEYS DwAYNE D.Hrrr ROBERT M.AumoN 9851 HIGHWAY 80 WEST.SLTTE 300 SUSAN E.HuraUSON DAmm R.BARRarr• FORT WORTH.TEXAS 76116 SUFDUN S.J7t S Mou oY �"AROL ANN CARSON TELEPHONE(817)560-0303 AZABUM ELAM FAX(917)560-3953 WAS K.dos DAVw Fm.DD+o TimG.SRALLA JOSEMNE GARRBrr J.MARK SUDDERTH E.Gum GmEL E.Aura TAYLOR.JR. *BOARD CBRMHED PERSONAL DUURY TRIAL LAW— JAMS P.WAGNER TEXAS BOARD OF LEGAL SPBQALIIA77ON **BOARD c ERTngED CiVD.APPELLATE LAw— C1VD.7RUL SPECIALIST— TEXAS BOARD OF LEGAL SPECIALIZA77ON NA77ONAL BOARD OF TRIAL ADVOCACY October 16, 1991 2 41991 Mr. Curtis Hawk OCT City of Southlake 667 N. Carroll Avenue OFFICE OF CITY Southlake, Texas 76092 MAtJAGER Re: Southlake Park Services Dual Water Certification Dear Curtis: Enclosed for your information and records is a copy of the final report of the Hearing's Examiner in the Southlake Park Services case. As you can see from a quick review of his report, he is following the agreement of the parties and recommending dual certification for the area encompassed by Southlake Park Services. The matter is set for ratification by the full Water Commission on October 23 . I am certain that someone on the city council will ask whether the Hearing Examiner's report is, in fact, final and whether there is any chance that the Commission will make some other decision. It has been my experience that when the Hearing's Examiner makes a ruling that is not adverse to any group identified as a party to the proceeding, the Water Commission always ratifies the decision. I am aware of no case where the Commission has ever done anything but ratify the agreement. I would, therefore, not recommend that anyone attend the Water Commission hearing unless we are advised by the Commission staff that a representative is necessary. I would like to note for the record our ongoing requirement for rate review of Southlake Park Services. As you may recall, at the end of my last hearing with the Examiner to secure approval of our joint agreement, the issue of rate review was raised. Under the Water Commission regulations, the municipality in which a private water supply company is located has rate approval authority for that company. At any point in the future when Southlake Parks Services wants to alter their rates in any manner, they will be required to present their rate proposals to the city council and secure its approval. A new rate system cannot go into effect until the city council has an opportunity to approve it. In the event that Southlake Park Services should disagree with a decision of the council they may appeal the decision to the Water Commission, but they may not pursue an appeal until the City has been given the opportunity to review the initial rate proposal. In the event that the City does not wish to exercise rate review authority, it may waive such rights by formal resolution adopted by the council and transmitted to the Water Commission staff. If I may provide you with any additional information or assistance, please feel free to contact me. Sincerely, E. Allen Taylor, Jr. EAT/ds Enclosure slake\slpark.ltr John Hall, Chairman _r B.J.Wynne, III, Commissioner } ► 7f John E. Birdwell. Commissioner ..;;,,, TEXAS WATER COMMISSION PR0TEC77.VC TEXANS'HE117N A.VD SAFETY BY PREVEAWNG AAVD REDUCING P0LLLR70N September 27 , 1991 FAX NO. (512) 463-7974 Valinda Hathcox, Attorney P.O. Box 12824 Austin, Texas 78711 Re: Application of Southlake Park Services, Inc . for a Certificate of Convenience and Necessity; Docket No. 8930-C Dear Ms . Hathcox: Enclosed is a copy of a Memorandum and proposed Order on the above- referenced application which is set to be considered by the Texas Water Commission in Room 118 of the Stephen F. Austin State Office Building, 1700 North Congress Avenue, Austin, Texas at 3:00 p.m. on October 23 , 1991 . Sincerely, William Clay Harris Hearings Examiner Office of Hearings Examiners Enclosures cc: Mailing List P.O. Box 13087 Capitol Station • 1700 North Congress Avenue • Austin.Texas 78711.3087 • 512/463-7830 MAILING LIST Southlake Park Services, Inc . Docket No. 8930-C Valinda Hathcox, Attorney Representing: Southlake P.O. Box 12824 Park Services, Inc. Austin, Texas 78711 E. Allen Taylor, Jr. Representing: 8851 Hwy. 80 West, Suite 300 City of Southlake Fort W^rth, Texas 76116-1969 Kathy Keils, Staff Attorney Representing: the Legal Division Executive Director Texas Water Commission of the Commission P.O. Box 13087 Austin, Texas 78711-3087 Cynthia G. Hayes , Attorney Public Interest Counsel Texas Water Commission P.O. Box 13087 Austin, Texas 78711-3087 *Joseph L. Strouse Staff Engineer Water Utilities Division Texas Water Commission P.O. Box 13087 Austin, Texas 78711-3087 *Courtesy copy Texas Water Commission INTEROFFICE MEMORANDUM TO Texas Water Commission DATE: 09/26/91 THRU Arenson, Assistant Chief Hearings Examiner FROM William Clay Harris, Hearings Examiner wU41- SUBJECT: Application of Southlake Park Services, Inc . for a water Certificate of Convenience and Necessity in Tarrant and Denton Counties, Texas; Docket No. 8930-C On October 17 , 1990, Southlake Park Services, Inc. (Southlake) filed an application with the Texas Water Commission (Commission) for a water certificate of convenience and necessity (CCN) to provide retail water utility service in Tarrant and Denton Counties, Texas . Southlake also applied to have a portion of the City of Southlake ' s (the City) present service area under CCN No. 10101 decertified. Southlake provides retail water utility service to approximately 34 residential customers . Southlake has been providing retail service to the area requested on its application for approximately 33 years . As required by Section 13 .246 of the Texas Water Code and Section 291 . 107 of the Texas Water Commission Permanent Rules, Southlake provided notices of the application to the appropriate cities and neighboring retail public utilities, as well as to all current customers, and published notice of the application once each week for two consecutive weeks in a newspaper of general circulation. Within thirty days after the required mailed or published notice of application was issued, the Commission received a protest from the City. William Clay Harris, Attorney, a Commission Hearings Examiner, conducted a public hearing in Austin, Texas, on April 18 and July 31, 1991, after proper notice was given pursuant to Chapter 13 of the Texas Water Code, Chapter 291 of the Texas Water Commission Permanent Rules, and Section 13(a) of the Administrative Procedure and Texas Register Act, TEX.REV.CIV.STAT.ANN. art. 6252-13(a) (Vernon Supp. 1991) . The Hearings Examiner designated the following as parties to the proceeding: the applicant, Southlake Park Services, Inc. (represented by Valinda Hathcox, Attorney) ; the Executive Director of the Commission (represented by Kathy Keils, Staff Attorney) ; the Public Interest Counsel of the Commission; and the City of Southlake (represented by E. Allen Taylor, Jr. , Attorney) . Memorandum to the Commission Southlake Park Services, Inc. After the hearing was convened, the parties were given an opportunity to pursue informal, off-the-record negotiations. Although an agreement was not initially reached at the prehearing conference, additional time was granted so that all parties could conduct further negotiations . As a result of additional negotiations conducted during a second preliminary conference held on July 31, 1991, the parties have agreed that: 1 . Effective July 16 , 1991, the applicant, Southlake Park Services, Inc. , will receive dual certification, under CCN No. 12556, with the City of Southlake, to the areas requested under the current application only; 2 . the City of Southlake and Southlake Park Services, Inc . have further agreed to certain terms and conditions as set forth in the agreement marked Exhibit No. 5, and attached hereto for reference; and 3. the City' s current service area under CCN No. 10101 will not be decertified. Based on the parties ' agreement and a review of the evidence and the record, the Examiner recommends that the Commission adopt the attached Order and issue the Order and CCN No. 12556 to Southlake Park Services, Inc . , authorizing the provision of retail water utility service under dual certification with the City of Southlake in Tarrant and Denton Counties, Texas . It is the Examiner ' s understanding that the Memorandum and the attached Order, as well as the attached CCN with the current rate schedule, are not adverse to any party to this hearing, and that there are no further issues in controversy. 2 . ; 41 73 PAJ AW- pro Sr I��/ •I�I — // IN NZ !� =� tea'.''►��:►��/ -�`/�/�� .rr t��, �• a/ fl _,gyp sit`• � di�� .a �aa1 j '�� p ' 0 1 !� Y � •-46 � �` �J`s�. .y��rid tWr •: i� � � !"'- �?•»'''•:� „tea I M172 t 1 NORMAL •• ELEV • • • • . • • • • • DENTON COUNTY Southlake Park Services, dwAWAM FAPP76P.2 ice' � .- . a• �'�� '�® � � �. .:-- � � Mal f - 01 In ON IPUI MINX � .�-� � IUD • • , .� ;� i�� , � TEXAS WATER COMMISSION CERTIFICATE OF CONVENIENCE AND NECESSITY To Provide Water Service Under V.T.C.A. , Water Code and Texas Water Commission Substantive Rules Certificate No. 12556 I. Certificate Holder: Name: Southlake Park Services Inc. Address: 3400 Southlake Park Road Southlake, Texas 76092 II. 'General Description and Location of Service Area: The area covered by this certificate is located approximately 17 miles northeast of downtown Fort Worth generally bounded on the north by Lake Grapevine, on the south by Woodland Drive and Briar Lane, on the east by the Corps of Engineers Grapevine Lake Property and on the west by Hilltop Road, in Denton County and Tarrant County. III. Certificate Maps: The certificate holder is authorized to provide water service in the area identified on the Commission's official water service area maps, WRS-61 and WRS-220, maintained in the offices of the Texas Water Commission, 1700 North Congress, Austin, Texas with all attendant privileges and obligations. This certificate is issued under Application No. 8930-C and subject to the rules and orders of the Commission, the laws of the State of Texas, conditions contained herein and may be revoked for violations thereof. The certificate is valid until amended or revoked by the Commission. Issued Date: ATTEST: For the Commission a 3 1 1991 W. F. MEISETSCHLEAGER pF(rICE(G)f 1353 LAKEVIEW MANAGER SOUTHLAKE, TX 76092-8 OCTOBER 29, 1991 Director Campbell Dept. of Public Safety 667 N. Carroll Ave. Southlake, Tx 76092 Dear Sir, Above and beyond while in my mind is woefully inadequate to express my feelings for the professional service and caring support that my family received from the Southlake DPS I feel it is a start. While it may be "normal ops" for the men and women in your department, we have never been involved in a major accident and it was very reassuring and comforting for me to be able to rely on their highly professional services. When I arrived on the scene the entire rescue and transport operation had already been set into motion. The only demands that were made of me were to provide some time critical health care and basic contact information. Officer B. R. Sanders coordinated the transport of our vehicle to our home and conducted the very Professional accident investigation. Exceptionally noteworthy was Fire Marshal Roger Stewart's astute observations con- cerning my wife's human needs. As he watched the Life Flight lift off with our three year old he realized that no one had arranged for transport for her. He immediately approached my wife to calm and reassure her and he person- ally transported her to the hospital. His farsightedness did not stop there. He followed up by remaining at the hospital, not only to retrieve the equipment used in the accident, but also provided transportation back to our home for myself. Roger Stewert has my utmost appreciation for seeing a need without being told and then providing for that need. While I know there were many heroes and helpers that were associated with the accident these were the ones with which I had personal contact. Therefore, may I again just simply thank all of you for a job very very well done. Each of you made a very traumatic situation for my family as tolerable as possible. V epest thanks, eise sc eag r. City of Southlake,Texas CITY MANAGER M E M O R A N D U M October 31, 1991 TO: Curtis E. Hawk, City Manager FROM: Malcolm Jackson, Acting Deputy Director, Fire Services SUBJECT: Documents Distributed to Fire Services -------------------------------------------------------------------- The attached documentation was provided to Fire Services lieutenants and to all volunteer personnel during separate meetings conducted immediately following my appointment as Acting Fire Services Director. The materials are comprehensive and generally self- explanatory. I will be available for any comments or questions you may have. 1 MJ/mr ` Attachments cc: Director Billy Campbell i i i i i I MANAGEMENT STEPS FOR EXCELLENCE 1. Be Action Oriented - Scan for Problems & Solve Them - Evaluate, Adjust & Re-evaluate 2. Maintain a Closeness to Citizens - Strong Emphasis on Public Relations - Listen to Citizens; Stay Informed 3. Foster Entrepreneurship - Encourage Creative Thinking - Review New Ideas regularly 4. Orientation - Provide the Opportunity for Individuals to Perform at Their Best - Keep Everyone Informed. Utilize Two-Way Communications . 5. Solid Structure/Chain of Command - Maintain "One Person has One Leader" Concept - Delegate Authority as well as Accountability 6. Political Relationship - Support Effective Policies, Procedures and Practices - While decisions and actions are not specifically based on political favoritism or pressure, remain cognizant of the fact that individual political positions have their assets and liabilities. 7. Pre-established Goals & Competency Expectations - Establish Effective Performance Evaluations - MBO: Management by Objective 8. Establish Values - Ensure that Agency Values are Established and Followed - Please Review the Following "Values & Concepts" List VALUES & CONCEPTS 1. Move to provide unequalled quality of service to the community and citizens served. 2. Perform at peak level. Give 110% effort. 3. Maintain an "esprit de corps" while still recognizing individual efforts. 4. Begin solving problems as soon as they are recognized. 5. Listen to citizen's concerns. Act on them when possible. 6. Provide good service as the rule rather than the exception. 7. Treat each individual with all of the respect and dignity he/she will allow and deserves . 8. Establish non-monetary incentives for performance. 9. Establish policies based on a sound premise of practicality. 10. Emphasize and Support Good Public Relations. 11. Remember that each member of the organization and the community is as important a part of the whole as the next member. 12. Exercise all available sources of manpower as a unit. Strive for total cooperation and teamwork from full- time, part-time and volunteer workers alike. 13. Remember that liability responsibility can be reduced or eliminated through a three prong attack: - Proper Training - Establishing Specific Guidelines - Enforcing those Guidelines 14. Encourage excellence and pride in appearance. 15. Maintain a professional demeanor without fail. MISCELLANEOUS CONCEPTS - "PET" AREAS Understand the chain of command and its relation to the open- door policy. Full-time., part-time, reserves and volunteer firefighters are a TEAM. Be mindful of the public's concept of our performance. Organization is the key to the world. Neatness counts. Professional demeanor when. in the presence of the public. Proper names/titles. More emphasis on fire related aspects of the DPS service. If there is a problem, confront it immediately. Take care of equipment. Safety -. Safety - Safety in the field and in the office. Radio procedure professional. Share information. Work as a team. Remember that liability responsibility can be reduced or eliminated through a three prong attack: #1 Train and retrain; #2 Established written guidelines; #3 Enforce those guidelines (Don't let the liability factor cause you to hesitate to take action, but think before you act, when possible and practical, and remember that $ lost in a lawsuit must come from the budget - the same place as our salaries and equipment come from) . Maintain an excellent appearance, both in uniform and equipment, as well as, the working environment. I. ATTITUDE PHILOSOPHY A. Maintain and project a positive, "can-do/will-do" approach. B. Support Team Concept - Full time, part time, reserves and volunteers are each as an important part as the next. Each one represent the entire Department, especially to the public. C. Be mindful of the public's concept of our performance. D. Organization and Neatness beget Pride. E. Seek input when practical / Provide input when possible. II. UNIT APPARATUS ASSIGNMENTS A. There is no A-shift, B-shift, C-shift truck. There are only DPS trucks. B. We will review the apparatus outfitting and assignments to ensure they are organized and outfitted for best use, after which the equipment assigned remains in that configuration. III. VEHICLE SERVICE A. All apparatus to be inspected each morning. Inspection based on daily inspection sheet and compartment inventory. B. We will review the daily inspection sheet to ensure it includes the following minimums: 1. Start/run 2 . Tires 3. Fuel 4. Water levels S. Fluids 6 . Cleanliness 7 . Radios/lights 8. Compartment checks g C. Maintenance Report completed in accordance with the report guide manual. IV. BEGINNING TOUR OF DUTY A. Flag Detail - Written policy priority. B. Shift Briefing C. Inspections D. Daily Activity Assignments Issued E. Equipment/Vehicle/Station Inspection F. Daily Activity Assignments Carried Out V. DUTY ACTIVITY A. Duty Time - 0700 to 2200 hours 1. Allows one-hour lunch 2. Allows one-hour dinner 3. Allows two-hour total scheduled free time (no free time 0700 to 0800 hours) 4. Times scheduled by Lieutenant at shift briefing. May be modified by Lieutenant based on call load activity and exigent circumstance B. Daily activity assignment by Lieutenants - Must include: 1. Briefing/inspection/equipment check 2 . Training time - 30 min to 1 hour 3. P.T. - 1 hour 4 . Station maintenance 5. Project assignment C. No difference between weekday and weekends D. Bay doors up, front door unlocked - 0700 to 2200 hours 1. Exception for inclement weather r�.. 2 . Inclement weather includes heavy rain/freezing weather/extremely high winds. E. Television limited to: 1. Meal times 2 . Scheduled free time and after hours 3. Scheduled Training class F. Lights Out 1. Station may be closed and secured at 2200 VI. ENDING TOUR OF DUTY A. Linen bed check B. Station check cursory inspection C. Submit paperwork to Dispatch VII. SHORT SHEETS/REPORTS A. MIR on every dispatched call and activity in which a service other than daily maintenance or check is performed. Will instruct on use. B. Incident Report on every dispatched call C.' On-call card for activity. Advise detail and specific location or destination. D. All reports completed by paid personnel and reviewed and approved by Lieutenant VIII. COFFEE/MEAL BREAKS A. Lunch break - one-hour between 1100 and 1300 hours (Allows one person to cook/clean other than designated meal hour) B. Dinner break - one-hour between 1600 and 1800 hours (Allows one person to cook/clean other than designated meal hour) C. Must man station at all times (except during calls or while undertaking activity or training) 1. If three persons on-duty, one may take apparatus to drive through meal in immediate proximity to city limits . (Generally, 1 minute under code response) 2. If two person on-duty, someone must be contacted and requested to make pick up. VIX. DISPATCH RADIO PROCEDURES A. Identify and acknowledge all radio transmissions with apparatus number or ID number as appropriate. Be sure to identify type of activity engaged and location, especially if out of city. B. Keep transmissions brief and professional X. MISCELLANEOUS A. Visitors 1. Permitted during meals/free time 2 . No intimate activity at any time on duty 3. Visitors restricted from bunk room all times 4 . Visitors restricted after 2300 hours . B. Uniforms 1. Class A, B, C (includes volunteers) a. Class A - Parade Dress b. Class B - Daily Uniform c. Class C - Special Work Detail 2 . Uniform committee will address specific uniform details, subject to approval of the Director of Fire Service and the Director of Public Safety. 3. If on duty or undertaking DPS activity, be in full appropriate uniform 4%w C. Emphasis on field and station assignments 1. Pre-fire planning 2 . Hydrant maintenance 3. Fire prevention talks 4. Fire prevention inspections S. Equipment maintenance D. Strong Work Ethic - Give a full days work for a days pay. E. Rumor control and malcontents 1. Emphasize open door concept 2. No tolerance for non-productive bitching 3. Department business stays within Department F. Release of information 1. News releases by Director or Deputy Director unless Director or Deputy Director approves in advance and you are notified of same. 2. Copies of reports received through Records %I. VOLUNTEERS A. Volunteers will be included in all DPS activity as an equal participant in all aspects, and they will be expected to react as professionals. B. Volunteers will undertake some specific schedule coverage assignments. Specific amounts and arrangements are still under review. C. Volunteer will receive scheduled training time to afford volunteers an opportunity to train with paid personnel. Paid personnel to assist in volunteer training. %II. OVERTIME POLICY A. If overtime required, Lt ensures equal time off ** during pay period, if possible B. Reduce and/or maintain comp and vacation balances at reasonable established levels C. Overtime amounts of less than 4 hours are paid in compensatory time. Overtime of 4 hours or more may be granted compensatory time or pay based on review of Lieutenant and subject to revision or approval of the Director of Fire Service. D. Overtime for training is currently under review to ensure compliance with FSLA. Overtime policy forthcoming in immediate future. Will address on a case by case basis until that policy established. %III. PROJECTS A. Refurbish/rearrange station 1. Lockers 2. Furniture 3 . Computer 4. Office Configuration S. Bay Expansion B. Apparatus outfitting with compartment list C. Spotless station and bay at all times every day D. We will be discussing the Command Post vehicle in the immediate future to determine best approach. E. FTO Manual F. 800 Mhz radio 141A rA v Y ORDINANCE NO. lAO AN ORDII4ANCE CREATING., A FIRE DEPPRTDy.+T IN Ti1E CITY OF SOUTHLAKE, TARRANT COU1dTY, TE-.AS; PROVI7)IN FOR OFFICERS AND 1,EM3E::S THEREOF AND TOURS OF E1.PL(TY1•EY+i' OF FULL P:17) PART T1:I: E1!PL0YM'.ENT AND COM4PEISATION TO BE PAID; Pi(OVI:Ii:_' TOR APPOINW,ENT 0= CHIEF AID OTHER O'r''FICERS: P1:OVIDI14G TOh AUTHORITY FOR DESTRUCTION OF BUILDINGS F.ND STRUCTURES IN EMERGENCY AND HAZARDOUS CASES; PROVIDINU FOR RIGHT OF i'AY AND U14OBSTRUCTED USE O STREETS FOR FIRE APPAR'►TUS I- MILE EN-ROUTS TO FIRE; PROVIDING FOR ARREST OF SUSPECTED PERSON OR PERSONS AAD TIiOSE 1:IiO COX DUCT T11EP-SSL'JES I13 P. NOISY OR DISORDERLY TANNER, OR HINDER, RESIST OR REFUSE TO OBEY ANY OFFICERS ON DUTY IN TIN . OF FIRE; MAKING IT UNLA: FUL FOR ANY PEP SON OR PERSONS TIOT P. I.-M32R OF THE DEPART14ENT TO INTERPERE :WITH OR HINDER ANY !XKBER OR EN-PLOYEE OF SAID DEPARTbENT TO HANDLE OR IN ANY '..'AY INTER-'E!T- '`ITH RPPARATUS BELONGINC TO THE FIRE DEPARThENT; PROVIDIN% THAT ANY PERSON _'IRbi OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE, SHALL BE DEEMED GUILTY Or A FISDEPMANOR, AND UPON CONVICTION THEREOF, SHALL BE FINED IN A SUN. NOT LESS THAN FIVE DOLLARS AND NOT N.ORE THAN ONE IIUNDRED .DOLLARS; EACH DAY THAT SUCH VIOLATION COMINUES SHALL CONSTITUTE A SEPARATE AND DISTINCT OF*0ENSE; FURTHER PROVIDING IN CASE OF WILLFUL VIOLATIONV HEREO^, THE VIOWTIOX OF THE PROVISIONS OF THIS ORDINANCE PS A MIS')EMEANOR SHALL NOT PRECLUDE THE CITY OF SOUTHLAKE TROL INVOKIN.: THE CIVIL REMEDIES GIVEN IT BY TiM LA°iS OF THE STATE OF TE-2S, BUT SAME SHALL BE CUMULATIVE AWil SUBJECT TO PROSECUTION AS HEREINABOVE PRESCRIBED FOR SUCH VIOLATION; PROVIDING FOR ORGANIZATION OF PERSONNEL OF FIRE DEPAi2^iM^-ENT; PROVItDIIN i FOR RELIEF AND PENSION SYSTEI+, AT THE ;:ILL OF THE CITY COUNCIL; PROVIDING .^•OR REPEAL OF ALL ORDINANCES OR PARTS OF ORDIIV ICES IN CONFLICT HEREWITH: CONTAINING A SAVING CLAUSE, rN0 PURTIIEFc PROVIDING THAT THIS OROINAI`CE SHALL BECOM EF^:.C"_'I" ANI) BE IN FULL FORCE AidD EFFECT 2::0b. Ai�'3 AFTLR TIM JFTE O' ITS ADOPTION AND PUBLICATION AS I;Y LM-1 PROVIOEn. ::I1EREAS, it is provided in Article 1069, of the 1925 Revised Civil Statutes of Texas, being a general law relating to the operation of municipal governments, to the effect that the City shall have the power by. ordinance to establish and maintain a fire department within the said City; IO1?, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 07 THE CITY OF SOUTHLAKE, TEXAS: - v I. TIAT h ere is hereby created and established a sire 7,epartment in the City of Southlake, Tarrant County, Texas. II. THE members of said Department shall be a Chief and Assistant Chief of the Fire Department, who shall be appointed by the administrative officer of the City, with the advice and consent . of the City Council, and such other officers, firemen and employees as the City Council may from time to time determine. All officers of the 7epartment, other than the Chiai znC Azoistant Cilie`, snrll be elected by the volunteer Fire organization of the City, and such 4ppointments shall be approved by the City Council. The said Chief, or in his absence the Assistant Chief, shall have immediate direction and control of the Fire Department, subject to such rules, regulations and ordinances as the City Council may direct from time to time. Included in the personnel of the said Fire Department as herein provided, said Department shall contain such full and part time paid employees as the City Council may direct, who shall also provide for the hours of employment of said members and the compensation to be paid for such services rendered. III. IT shall be the duty of the Chief of the Department, or in his absence, the assistant chief, and that of his assistants in the order named, to see that the laws of the State of Texas, ordinances, orders, rules and regulations as promulgated by the City Council concerning said Department and the operation thereof, are carried into full force and effect. It will be the duty of such mera'aers to enforce the rules and regulations made from time to time to secure discipline in said Department. The Chief of the Department shall have power to suspend any subordinate officers, raerbers or employees of the nepartment for a violation of such rules and regulations, and shall upon executing any such suspension, forthwith in writing, advise the City Council of satae and his reasons therefor. He shall diligently observe the condition of fire apparatus and workings of said Department at all times, and shall report in writing at any time to the City Council and make in connection %;ith sail equipment such recommendations as he may desire for the efficiency of said equipment and Department. In the absence of the Chief, the Assistant Chief shall assume the duties of the said office of Chief of the Department. IV. IT shall be the duty of the Chief of the Department and/or his assistants, in the order named, whenever a fire shall occur in the City to immediately report to the place of such fire and tal:a proper measures for placing apparatus in the most advantageous position. The Assistant Chief and other officers appointed pursuant to the ;provisions of this ordinance, upon arrival at a fire shall immediately report to the Chief; provided that in the absence of the Chief or Assistant Chief, the first officer to arrive at the fire shall be the person in command. *.hen superior officers arrive at .a fire, the officer of the highest rack shall assume sole command of all other officers or members of the i'lepartment, and all other persons who may be present at the fire. Such officer in charge shall take proper measures for e:stinguishing the fire and protection of the property, and for preservation of the laws of the State of Texas and ordinances and other rules and regulations of the City respecting fires. V. ijHENEVER any building in the City is on fire, it shall be lawful for the Chief, or his assistant or acting Chief, with the concurrence of the mayor, to direct such building, or other building, or building erection, fence or fences, which they may deem hazardous or likely to catch fire and communicate to the buildings, to be torn down or blown up or otherwise destroyed for the purpose of checking or otherwise ex-tinguishing such fire, and that neither the City Council or any individual member thereof, pore the Chief of the Department, Assistant Chief, or any member of the *Department, shall in any wise be held responsible for the damaging of property or the destruction thereof, that may occur by reason of the attempt of the Department to extinguish such fire. VI. ALL moving apparatus under the Fire nepartment shall have the paramount right of way through all streets, thoroughfares, lanes, alleys, places and courts of the City when enroute to a fire and such apparatus, together with all other vehicles continuous thereto shall take and keep to the right hand side of the street unless the same shall be obstructed, in order to give the apparatus of the Fire Department the unobstructed use of the streets for the time being. C-.j- .ire ',e_artment shall have the rial:t, in tics o: =ire, to d �' ace ropes or uards across all streets, thoro::chfares, lanas J= a1�Cti'S On u1nich shall ;De sitvat;J any It"iri- Or, irG t 21C:: Other points as It (icy �CeC:: � : r.nccss2iN' �n the members Of sai'! .:20artma1','t +'a0 ii3 VG Leer c^. 51�_:l G� ':�' the Chiel for policins purn03e:s '.i.a revert :ny and all pG.so: e:_cc,pt Of-Zice::s and meTbers Of the Fire ')epartment ane, owners a occuna:jts of such buildings, endangered by the e::i=tiny � ..__, -ei o.= enterin the lines desi;;nzted ?,y rO;es or ; Uar''s. °ITII. the progress OF a fire wit'.An the lirits of the Cit,,- of Southlake and for twenty-four (.�A) I;ours after its e:•-til;;�is::a�Lt, it shall be lawful for the Kayos, Chief of Police or any Councilmen or any policeman of the City, or the Chief or any other officer designated by the Chief in command of any fire company, to arrest and keep in custody all suspected persons and persons who conduct themselves in a noisy or disorderly manner, or hinder, resist or refuse to obey any such officers'while actin;* in the discharge of his duty. I:;. THE Chief of the Fire Department, or his immediate assistants, shall be vested with full power and authority to command all persons present at any fire in the City to assist in the discharge of any duty under the supervision of such fire Chief in the estin,uishment of same, or the removal and preservation of property, provided that the persons shall not be bound to obey such officers unless the officers shall wear their badge of office, or unless his ofricial title be known, or be made known to such persons. IT shall be unlawful for any person or persons not a r,:ember of said Fire Department to interfere with, or in any manner hinQer any member or employee of said Fire Department in the discharge of his duties as such. Xi. IT shall be unlawful for any person or persons not a member of said Fire department to handle, or in any way interfere, with any of the apparatus belonging to or used by said Fire oepartment, either at a fire or while traveling to or returning from a fire, or w hile standing in the Tire ')epartment quarters, or at any time, unless such person or persons is requested to do so by the Chief or other duly authorized officer of said ocnartment. (a) Any person, firm or cor_.oratiu.: violating ai:y of the provisions of this ordinance, shall he deemed guilty of a miisdemeenor, and upon conviction thereof, shall be fined in a sum not less than 71ve _)ollars ($5.00) , nor more than One Hundred dollars (S100.00) ; each day that such violation continues shall constitute a separate and distinct offense. . (b) But in case of any willful violation of any of the terms and provisions of this ordinance, the City of Southlake, Texas, in addition to imposing the penalties above provided, may institute any appropriate action or proceedings in any court having proper jurisd:ictio,:, to restrain, correct or abate such violation; and the 6elinition o= any violation of the terms of this ordinance as a misdemeanor, shall not preclude the City of Southlake from involving the civil remedies given it by the laws of the State of Tevas, but same shall be cumulative and subject to prosecution as hereindbove presecribed for such violations. FOR the purpose of continuing the Volunteer Fire Department now in existence in the City of Southlake, the members of said Department, for the purpose of the good order and well-being of said ')apartment, the maintenance of harmony therein and the full promotion of said organization, s,,all elect such officers as may be provided in its constitution and By-laws, for the purpose of the administration of the said volunteer Fire Department, and to astablish discipline and maintain perfect unity among its members, as well as gull promote the object for which the said Department was organized; t e said Volunteer Fire Department shall adopt a Constitution and '3y-lz::s ,)hich will be consistent with the laws of the State of Texas, an ordinances of the City, which Constitution and By-lay.s, and aTenlments thereto, shall be subject to the approval of the City Council, and .any member of the said Volunteer Fire -)epartment failing or refusing to comply with such Constitution, laws, rules and regulations adopted by the said Department and duly approved by the City Counc.L after conviction thereof in accordance with the provisions of sai& Constitu- tion, laws, rules and regulations, shall forfeit all rights to participate in said Department, and activities pursuant thereto; J provided that such discharged member shall have the right to appeal ^ from the decision of the :)epartment, by filing suck. appeal in writi with the City Council within ten (10) days following the renaeria_. of such decision, giving his reasons there_or, and if such zeasons are found sufficient, the City Council shall hold a hearing thereon, and render its judgment accordingly, which jucicment shall be final. ::I J. THE City Council shall provide each member of said Fire Department a badge descriptive of the office in which said fireman . is serving. THE City Council, may, at its discretion, provide for the relief of members of the Fire oeoartnent temporarily or permanently disabled in the discharge of their .duties; and shall have the right to provide for the organization and administration of a pension fund to provide for old, disabled and infirm metabers of said Department under such system, rules and regulations. as may be deemed advisable whenever the finances of the City will justify the undertaking of this service and subject to the laws of the State of Texas. THIS ordianance shall be and is' hereby declared to be cumulative of all other ordinances of the City of Southlake affecting the subject matter herein and shall not operate to reveal or affect any such ordinance or ordinances except insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinances in which instance, or instances, those provisions shall be and they are hereby repealed. _{VII. SHOUL7 any section, article, provision or part of this ordinance be declared to be unconstitutional and void by a court of competent jurisdiction, such decision shall in no way affect the validity of any of the remaining parts of this ordinance unless the part held unconstitutional and vpiJ is inseparable from and indispensable to the operation of the remaining parts. The City Council hereby declared that it would have passed those parts of this ordinance which are valid and ommitted any I?arts which may be unconstitutional if it ;lad known that such parts were unconstitutional at the time of passage of this ordinance. ` r . :^IIII. ectivs, ,.ms or-3inance shall becone e_` c� ae in 'ill force a;,3 E_fect from arid! after t::e Ciztc 0:= 1`S cCi0,tion 2n a=i:) i as by la%v Provided. _ y :J:.:;cil ��,_ci"iC •11. `.i, '.. �:._..�. ._-.� � `---� -lei' :ic._�J'��-_i -J _ �--- -" -•_ _`_. _. - .1;_..__. E iOPi: rnis -ay o= _..:rch, F. 1S:... APPROVED: i. i-P YOR 71TTEST: CITY SECT ThRY City of Southlake,Texas 4 CITY MANAGER M E M O R A N D U M October 29, 1991 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Burn Permit Ordinance -------------------------------------------------------------------- Attached is a copy of the Burn Permit Ordinance as discussed at the last Council Meeting. As discussed, the section concerning torch and open flame producing devices has been removed because the fire code covers this portion in more detail. This Ordinance is now ready for adoption. BC/Mr Attachment pw\memo\burnord ORDINANCE NO. � AN ORDINANCE PROVIDING 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 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, 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 SOUTHLARE, 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(103191) '1' �' • a 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 the owner thereof or his agent. SECTION 6 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. slake\burning.ord(103191) .Z' 7 R-3 SECTION 7 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 8 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2, 000. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 10 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any slake\burning.ord(103191) -3- 7,Q- `� 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 11 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 12 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 zf-5- slake\burning.ord(103191) .4- 4 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\burning.ord(103191) 7�-6 1 CITY MANAGER M E M O R A N D U M November 1, 1991 TO: Curtis Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 547 Texas Municipal Retirement System Automatic Annual Updated Service Credits Approval of Ordinance 547 would provide automatic updating of service credits annually. This is the first time TMRS has provided this mechanism for updating service credits. In the past, cities had to annually approve an ordinance to update service credits. First reading of the ordinance was approved October 15, and approval on second reading would put in place this method to keep the retirement program current. 7D-� T MRS-C/T-R (6/1991) ORDINANCE NO. 547 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL 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 EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCEL OF THE CITY OF 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 7,a-a 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 December 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 TMRS Act, provided that, as to such subsequent year, the actuary for the ,, System has made the determination set forth in subsection (d) of Section 853.404 ,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 MANAGER M E M O R A N D U M November 1, 1991 TO: Curtis Hawk, City Manager FROM: Lou Ann Heath, Director of Finance SUBJECT: Ordinance 548 Texas Municipal Retirement System Increased Municipal Contributions During the 1991-92 budget process, the City Council authorized an increase in the City's matching ratio for retirement contributions. Ordinance 548 will increase the matching ratio the City currently pays for retirement contributions from a 1-1 to a 2-1 basis. The total rate the City will pay on wages is 4.20% effective January 1, 1992, increased from 3.01% for 1991. Employees contribute 5% of wages. This ordinance was approved by the City Council on first reading October 15. I would recommend approval of Ordinance 548 on second reading to enhance retirement benefits for City employees. �r 7 c-i TMRS-F ORDINANCE NO. 548 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF South II ake 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 (150% = 1 l4, 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 TMRS-F ORDINANCE NO. 548 TEXAS MUNICIPAL RETIREMENT SYSTEM AN ORDINANCE PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT OF THE EMPLOYEES OF THE CITY OF South lake TEXAS. 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 (15096 = 1 SS, 20096 = 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 /e—�' City of Southlake,Texas MEMORANDUM October 28, 1991 TO: Curtis E. Hawk, City Manager FROM. Karen P. Gandy, Zoning Admi nistrator SUBJECT: ZA 91-59 ' Final Plat: SouthRidge Lakes, Ph. IV -------------------------------------------------------------------------- REQUESTED ACTION: Final Plat of SouthRidge Lakes, Phase IV, Sections One and Two. Section One is legally described as 25.474 acres out of the A.A. Freeman Survey, Abstract No. 522. Section Two is legally described as 6.64 acres out of the L.B.G. Hall Survey, Abstract No. 686.�11 LOCATION: Section One: North of Phase III, East of the J.W. Sullivan tract and South of the Fred Joyce property Section Two: North and- East of Phase II and West of the Belgium American property OWNER/APPLICANT: Arvida/JMB Partners, L.P.-II CURRENT ZONING: "SF-20A", Single Family-20A Residential BACKGROUND INFO: Section One proposes 41 lots; Section Two proposes 11 lots NO. NOTICES SENT: None Required P & Z ACTION: October 17, 1991; Approved (6-0-1) with the Plat Review Summary dated 10/11/91. On Item #13, Section One lots 42, 67, 81, and 87 and Section Two lot 66 OR as platted. Section One, lot 45 will front onto Pecos with a 35 ft. building line and have a 30 ft. side yard along the cul-de-sac. Section One, Lot 82 will front Pecos with a 35 ft. building line and have a 30 ft. side yard along Stonewall Ct. STAFF COMMENTS: Attached please find the Second Plat Review Summary dated November 1, 1991. M{� KPG CITY OF SOUTHLAKE 03/15/91 FINAL PLAT/PLAT SHOWING/AMENDED PLAT APPLICATION 'ITLE OF PLAT: 11� r — SUBMITTAL DEADLINE: TOTAL LOTS: TOTAL ACRES: +/— APPLICANT OWNER (if different) NAME: ADDRESS: 15303 ( l+ 0�r `�1.I lc`.�S 1 C �N u�i II �— �{�c.T PHONE: 6Z 14) C1 b O -so r I hereby certify that this plat is in conformance withhe requirements of Subdivision Ordinance No. 483 and No. 217, Drainage Ordinance No. 482, and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes of the City of Southlake that pertain to this submittal. I further understand that it is necessary to be present at the applicable Planning and Zoning Commission and City Council meetings to represent the enclosed requ st and address any unresolved issues. Signed: Date: n� For City Use Only: I hereby acknowledge receipt of the final plqLt application and the application fee in the amount of $ At,030, L` on this the .23--day of 19 9l gned: � ✓ Title: SRN The following checklist is a partial summary of platting requirements required by the City of Southlake. The applicant should further refer to Subdivision Ordinance No. 483 No. 217, Drainage Ordinance No. 482 and the Zoning Ordinance No. 480, amendments, and other ordinances, maps and codes available at the City Hall that may pertain to this plat submittal. Shown Not GENERAL INFORMATION On Plan Applic. Permissible scale: 111= 501 , 1"= 100' (Prefer 1"=1000 ) Sheet size shall be 24" X 36" North arrow, graphic & written scale in close proximity Vicinity Map Appropriate title, i.e. "Final Plat", "Plat Showing", "Amended Plat" Title includes Subdivision name, City, County, State and Survey and Abstract Title includes total gross acreage, number of lots and date of preparation " Name & address of record owner & subdivider (if different) Name, address and phone of Surveyor Standard approval block provided Proper format for owner's dedication and notary (Appendix) Proper�%urveying certification statement (Appendix) Courthouse filing record note provided 0A-L AM 1 1p!SS 1.� x 1 _� _ _ _ • yj 3c j 3N I 20 s�1 TL - 3 3. : M I me 1 -.ymr : 2..� V ®Rh1AS SuRvET A •AIM" :S --S -- -- s�Ac ni Y II Ile �\ '��.�" ^ �•�- •� 11 '-�-� pu* , i ' I I CPOs � MTs �L� ss 262MAN 2rK I S! StMVEV AUX f s2i b IIc3 1IICS - u►s n it � •� 11A2 S—J.r Al Ac. _.. - I tc Xn 3E2 2 3. . 44 60 Ac i ' IC A so ' •i !' .( 1 L- 2A 3AA I 311 34 ! 38 —iyKnTl 7 � AZT 3,Ac �3N1 i I I r!3 J. H 10 •li' 3t4 I— yII•c S - 3C 30' As. Ac J f 3." I >• ' AN,v _ SD S 3 IA 1 1 2 3A 3c2 IL 4 ' ]C2 � V � 9� `J•,ice'�. •� j ( i 20 Ac. � { ST Ac r 20 Ac i tip1 _ •• _ Is Ac 1. I 9 AC 3F' SURVE •ABST. N41253 f • ' ' -w yl —_ ••` - 3A 1 . Ao Ac _Y,_ �►. .�. to c 'Gl �r 3. _- j1- - V ... HO UtliA RA Olt K • TRACT LOCATION MAP DOVE ROAD w < �1 W J Q J Z Y O 0 w }" HIGHLAND Op8ROOK ( Q i J w Q � U I % w Z,/��///// LLJ a i FM 1709 LOCATION MAP t .,, DOVE ROAD . �y W j- W J Q J Z Y 0 OQ w }' HIGHLAND Np8R00K � Q �O = J W Q U � ' W / � H I = FM 1709 LOCATION MAP IA-5 t r/ City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: 91-59 REVIEW NO: ONE DATE OF REVIEW: 10/11/91 PROJECT NAME: Final Plat - Southridge Lakes, Phase IV, *7 Sections One and Two OWNER/APPLICANT: ENG/SURVEYOR: Arvida/JMB Partners, L.P. II Levitt Engineers, Inc. 15303 Dallas Parkway 726 Commerce Street Suite 590 Suite 104 Dallas, Texas 75248 Southlake, Texas 76092 Phone: (214) 980-5075 Phone: (817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/23/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT GREG LAST AT (817) 481-5581, EXT. 744 . 1. Provide a north arrow, graphic and written scale on both plats. 2 . The survey and abstract for section two is incorrect. 3. Please use the corporation format (Appendix 2) for the notary on both plats . 4 . Label the block on the adjacent plats and each block of the proposed plat. 5. Label all easements on adjacent platted property. 6 . Change the number of lots in the title block to 41. 7 . Provide a 35 ' building line on Lot 1, Block 6 . 8. Provide a 10 ' U.E. between Lots 73 & 74 of Block 3 . 9 . Provide R.O.W. width dimensions on all streets . 10 . Provide a lot area on Lot 1, Block 6 . 1-1 . Add the following note on the plat: "No lot within this addition except Lot 1, Block 6, shall be allowed driveway access onto Peytonville Avenue. 12 . A• completely revised Preliminary Water, Sewer and Drainage plan is required with the submittal of a Final Plat. SA -b City of Southlake,Texas 13 . There are seven (7) corner lots which have 20 ' side yards adjacent to street R.O.W. Section 8.01-H requires front setbacks on both streets. The Commission/Council have generally approved a 5 ' reduction in this setback on "Reverse frontage" type lots . 14 . On Section One, the third from the last call in the legal description does not match the boundary. 15. Section Two; the bearing on Line 1 does not match the boundary. Also Lines 2 and 3 appear to be switched because they do not scale to the lengths shown. 16 . Show, label and dimension the apparent ex*sting R.O.W. for Peytonville along this dedication and off mite north and west of this site. * Section Two, although currently section 8.01-F would require 125' lot widths on lots 70-73 of Block 1, the previously approved Preliminary Plat did not require this width. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements. * The Developer's Agreement for this addition should consider perimeter street and drainage and Parkland Dedication requirements. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * The applicant should be aware that any revisions made prior to City Council must be received at the City by Oct. 21, 1991. All revised submittals must be folded 6" x 9" and include an 8 .5" x 11" revised reduction. * Denotes Informational Comment cc: Arvida/JMB Partners Levitt Engineers YA-7 Ott tt • � . . '110nz - 'ro Sol .Ql,�tal c ♦ h 07 ,., cot I n' H W ' ✓L• ocs 3.tS.10.t0S - I� aft �� Im( �N •<l• S in n' i In11Z539• rl - Z .>:l,0tl 09S\ f •00. J cu I n ; - 'Baca r .02.9c.90 PH 3 �°► --- - � •90.Oty0 C D '•�•1 h •,; t-, r3 R.E1_ • \ j oa', ...`� m'' ; .S'Q'►pi--�i1Ti---:LQ'soi--- 34'�?" 3 N �' ;% %`4• S `fr. e 3•sS.l�.t0 S � " 14 '. •�\ ,,. \ p J O. •4f -]11 3 '•J1JQ,Ol ; W fl.1 V. �' `, 0 �^, \ Oi0 �' �;dr •a4^ .01..``\ ; '^•O. C J"' gam^ '�,i. •a'O`••�r mac+`'\ •••C` ` `= o ndi ad not 'n n •• `r� �<nr _- ?% ,'h ^a a' •p 1' J N f \ - QL► �� w J d o n 17 0 h 61 y o hj or c�i ',4 • tytCi <J♦ �¢ �.e N JN n . - 3.fS.l0.t0 S ryb. .lrct �7 rr-.2►r,S _`• -?-- — = U+d / �l'�•a'4 ''P4 a H n (j _ ►►J _ •ems--S['6S .so-FL4_siu j ra '' Ol _ C t\O y ►Z11Y0 +i_ _O? - _ `►� J r ! / .i S,\ ; � o ,69�9t h •� �� gip. •T^`"d � _� �tlt �� /f,• �- b o N in 1Dinm :�y •• .+ n h lry? ♦H )' ri '� JN ••' '�� f)Ip J1J r 1p.�% '1 ' LLt O -' Ny - 'a %p^ �`o a - ' Cl..h;�(' �,. .p,`'C' �•� 199' i -a = 3 .tS.l0.l =I ``(� n^'• J N 'N h 7''. `. / •,0.,` \ .N j J; y r. 3 n.S , l,►f.lo N t y 0�0t y�ij" 1 SD M 1Cn •d 1 3•�•►C•LO ,%S •Oil .� 'b ►N. �. � in 'N 'r- a+ �i `'i,` 'o0'OS~ .CS'CSt N h '�}`.•�2T.�' 4 /'t�Nc•: 1 165.SS. ; �`.' c N Cis 9srs_ '� � � I.i �n 3: a m � r'�-. •� 'i ,1''ti- � S�,`q�. �'Ot W maht � •rI`\ri � -.1�--� h:•• ` �' Js3pi e6 s` ,, pa\ �o 1►rL J• 8 y ~ O nop0 « m a• `., • byal n ob 61 z 0. s C n R !. 1( o 1 Opt Zjt as r+�, J �� h �� i � �„ � 1 �•' A �$�u g ; C. %3_90.tf.ro N O n + n n z Y ! 1 0 p\ �, \ �•�n. C9'[yj 'R fqr e p Id ru �opq Y 4!'I - pN . �` \` rN t •l� O r', Z y/ •a �o Sff S` J N •'l�. \7Ja\� \a. B O - •AV 4y�/ • `.L.I � +7711 d • 1io11�. .! �A�' �, et •r �.1i J nt _ • • 0 OO�W = N � C A� S��a5' •-a+. \'• Fi 7` N \• �• i .! 4 in \.ci. J N,�.�,1�� )\•C;.�\ F \, .0 - ' `\ S0�,64 \$�•• \4� -�•� Yi16i -� , W p .. ww �. 1 IL In E rc Y i eiLJ •r•i,. OJ\\ \a. J ,0•t,1�'t i. :•'f / 1r•+�^C. m • J : 1 ` 13 n 1h/ t •d a • o V1 pa 6yy a �L.9SD0 N ES'COf • ,9t.9ED0 9 i SOUTHRIDGE LAKES PHASE IV - SECTION TWO ARVIDA/JMB PARTNERS. LP.-II FUTURE DEVELOPMENT - VOLUME 9563. PAGE 548 OS37'9i' D.R.T.C.T. >R _ 223.00' T - 18.78' L - 37.47' • 78.35' O� 1136-2N EAST -E 5p p roe 7$.35' �• 136.24 LOT 73 g4 9 5� W 23,883 S.F. m r� 9A 9 s LOT 26 / Ni i I N 90'00'00' W i 200781 S.F/. N i 219.92' SOUTHRIQGE LAKES �✓ LOfi25 00• LOT 72 G i '•)� N± PHASE II N 0 20,024 S.F. 23,751 S.F.� � / m ' CABINET A, SLIDE# 466 P.R.T.C.T. LOT 24 -A35 BLS ��?9� �' �6 ``se'`� N 90'00'00" W ' ni _ 230.36' N = 01'17'OOr' N , ss�` �y LOT 71 'R = 575.00' � � ' T = 8.44' ��. \m 20,034 S.F. w 'L = 12.88' O N 90-00'00- W ' 1'1.50' 24,234 S.F. jriz; T 65 � t� � LOT 70 p20,002 S.F. ;r- 20,000 S.F. :O' 64 m q / po l -� qw 90'00'00" w CD L 153.66 N N 59'02'40" if C� �E �`� ;�o`b 10' 53.00'--:� y 5 �� 0.0� / LC T, 63 ` LOT 67 `` -: \ LOT 69 20,961 S.F. 58.83 ' \ 29,385 S.F.10 ; LOT 68 SOT 52 25,790 S.F. o `%` 2 i SOUT�AGE I;AKES ` 10' ORG. do U.E. i CABINET A,%DE# 466 ` - --�___272_61_--- ' LOT 6� -------------- 339. 8' i P.R.T.C.T. N 88'1 'S9" it -- ------ LOT 60 LOT 59 / LOT 58 LOT 57 8A►-9 City of Southlake,Texas PLAT REVIEW SUMMARY CASE NO: 91-59 REVIEW NO: TWO DATE OF REVIOlp PROJECT NAME: Final Plat - Southridge Lakes, Phase Sections One and Two OWNER/APPLICANT: ENG/SURVEYOR: Arvida/JMB Partners, L.P.II Levitt Engineers, Inc. 15303 Dallas Parkway 726 Commerce Street Suite 590 Suite 104 Dallas, Texas 75248 Southlake Texas 76092 Phone: (214) 980-5075 Phone: (817) 488-3313 Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/30/91 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY R NEED -FURTHERSD BY THE CITY CLARIFICATION,COUNCILP EASE• CONTACTIF U E ANY QUESTIONS O GREG LAST AT (817) 481-5581, EXT. 744. 1 Please match the partnership name for the notary and the owner's dedication on both plats. 2. Provide a 10 ' U.E. between Lots 73 & 74 of Block 3. Add the following note on the- plat: "No lot within this addition except Lot 1, Block 71 shall be allowed driveway access onto Peytonville Avenue. A completely revised Preliminary Water, Sewer and Drainage plan is required with the submittal of a Final Plat. 5. There are four (4) corner lots which have 20' side yards adjacent to street R.O.W. Section 8.01-H requires front setbacks on both streets. reduction Commission/Council setback onVeReverse generally approved a 5 ' frontage" type lots. 6. Show, label and dimension the apparent existing R.O.W. for Peytonville along the Ingle tract and show dimensions from center of pavement to existing R.O.W. on the Sullivan tract and Crosstimber Hills. * Section Two, although currently section 8.01-F would require 125 ' lot widths on lots 70-73 of Block 1, the previously approved Preliminary Plat did not require this width. * We recommend this plat not be filed until the construction plans have been substantially approved. This will ensure adequate easements. gA-10 City of Southlake.Texas * The Developer's Agreement for this addition should consider perimeter street and drainage and Parkland Dedication requirements. * Original signatures will be required on each of the blackline mylars prior to filing the plat. * Tarrant County has established new plat filing procedures where the legal description and owner's dedication are filed by separate instrument. Although there is a 60-day grace period, Levitt has chosen to use this procedure for Section One. * Denotes Informational Comment cc: Arvida/JMB Partners Levitt Engineers 4 City of Southlake,Texas M E M O R A N D U M OCTOBER 28, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Landscape Ordinance (Seventh Draft 11/1/91) --------------------------------------- Attached you will find the Landscape Ordinance as recommended by the Planning and Zoning Commission. During the process many people were sent copies for their review and input. (See list below. ) The ordinance has benefitted greatly from input provided by John Drews and Richard Kuhlman in particular. Also attached are charts from the "Bufferyard" section of our zoning ordinance. These requirements have been approved and are currently required of all developments. Bufferyards are basically landscape strips required along the perimeter of properties and along public R.O.W. The landscape ordinance mainly addresses "interior landscape areas" which are intended to work in conjunction with the bufferyard requirements . The following were sent drafts during the review by P & Z . Steve Yetts, Mobil Ragans, Southlake Sean Randall, Arvida Wonderland, Southlake Richard Kuhlman, Maguire Thomas Green Oaks Tree Farm, Southlake Dennis Jerke, Carter & Burgess All Seasons Landscape, Southlake John Levitt Sams Nursery, Colleyville David McMahan Sprinkle 'N Spout, Keller Conner Lam Glade Garden Center, Grapevine John Drews Lin Michaels, Grapevine Craig Curry, Nelson Corp. McClendon Nursery, Colleyville Betty springer, Southlake C of C Landscape Specialties, Keller Greenscaping, Southlake Randall & Blake, Southlake Marcy Ratcliff, Grapevine Barry Hudson, Everage Associates Dave Draz, colleyville Suzanne Sweek, Schrickel/Rollins Bill Thomas, Keller Sally Hall Rod Tyler, Euless Buddy Luce Billie McAleer, Arlington Janet Murphy Catherine Whitman, U.T.A. , L.A. Dept. Please place this on the next City Council agenda for their consideration. GL/gh 4Z ord*landspe.mem LANDSCAPE ORDINANCE Table of Contents Seventh Draft Date: 11/01/91 PAGE 1.0 PURPOSE AND INTENT 2 .0 DEFINITIONS 1 2 . 1 General Rules . . . . . . . . . . . . . . . . . . 1 2 .2 Definitions. . . . . . . . . . . . . . . . . . . 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS - 3 3. 1 General . . . . . . . . . . . . . . . . . . . a. Existing Buildings b. Pad Site Developments 4 3 .2 Buf feryards . . . . . . . . . . . . . . . . . . • 4 3 . 3 Interior Landscape Area Requirements . . . . . a. Planting Requirements b. Example C. Locational Requirements d. Enhanced Pavement Credits e. R.O.W. Landscaping Credits 3 .4 Parking Lot Landscape Area Requirements. 5 a. Existing Trees b. Planting Requirements c. Exemptions 6 3 .5 Visibility Triangle. . . . . . . . . . . . . . 6 3.6 Irrigation Requirements . . . . . . . . . . . . a. Water Conservation b. Water Conservation Credits 4.0 EXISTING TREE PRESERVATION 6 4 . 1 General . . . . . . . . . . . . . . . . . . . 4 .2 Trees 12" or Greater . . . . . . . . . . . . . 6 a. Building Footprint b. Parking Areas 7 4 . 3 Existing Tree Credits . . . . . . . . . . . . . . 5.0 PLANT MATERIAL . 7 5 . 1 Quality Standard . . . . . . . . . . . . . . 7 5 .2 Recommended Plants . . . . . . . . . . . . . . . 7 5.3 Size Requirements When Planted . . . . . . . . a. Tree Measurement b. Minimum Sizes 6 . 0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 8 6 . 1 Qualifications to Prepare Plans . . . • • • • • 8 6 . 2 Landscape Plan Requirements . . . . . . . . . . 8 6 . 3 Irrigation Plan Requirements . . . . . . . . . . 7 .0 OTHER RELATED REQUIREMENTS 9 7 . 1 Screening (Ord. 480, Section 39) . • • • • • 9 7 . 2 Outside Storage (Ord. 480, Section 38) . 8.0 IMPROVEMENTS IN PUBLIC R.O.W. /EASEMENTS 9 8. 1 General . . • • • • • • 8 .2 R.O.W. Use Agreements . . . . . . . . . . . . . 9 8 . 3 Replacement Responsibilities . . . . . . . . . . 9 $j�-1 LANDSCAPE ORDINANCE Table of Contents Seventh Draft Date: 11/01/91 (continued) PAGE 9.0 REVIEW PROCEDURES 10 9 . 1 Submittal Requirements . . . . . . . . . . . . a. Application Checklist b. Fees 10 9 .2 Authority for Review . . . . . . . . . . . . 9 . 3 Review Process . . . . . . . . . . . . . . . . 10 10.0 MAINTENANCE 10 10 . 1 General. . . . . . . . . 10 .2 Plant Replacements . . 10 10.3 Plan Requirements. . . . . . . . . . 11 11.0 ENFORCEMENT 11 11. 1 Building Permit . . . • • • . . . . . . 11 11 .2 Certificate of Occupancy. . . . . . . . . . . a. Temporary Certificate of Occupancy 12 .0 MODIFICATIONS, VARIANCES AND APPEALS 12 12 . 1 Modifications . . . . . . . . . . . . . 12 .2 Variances and Appeals . . . . . . . 12 13.0 VIOLAT IONS 14 .0 SEVERABILITY 15 .0 CONFLICTING ORDINANCES 16 .0 EFFECTIVE DATE 17 .0 APPENDICES Appendix 'A' - Recommended Plants Appendix 'B' - Required Landscape Summary Appendix 'C' - Typical Plant List Appendix 'D' - Typical Plans 8251-3 LANDSCAPE ORDINANCE 1.0. PURPOSE AND INTENT The purpose of this ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community. It is the intent of this ordinance to achieve the following: - A balance between the need for landscape treatments and the need for commercial growth in the City. - Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these requirements. - Promote mutually beneficial improvements by utilizing incentives rather than penalties . - To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, ground-water recharge, storm water runoff retardation and erosion control. - Provide for the separation and buffering of incongruous uses and intensity of activities; and provide for the visual softening of building masses . - Reduce glare from paved surfaces, dust nuisances and the impact of noise. - Protect and promote the value of residential and commercial properties within the City. - Promote a positive image for the attraction of new business enterprises within the City. - Encourage the protection of healthy trees and vegetation and promote the natural ecological environmental and aesthetic qualities of the City; 2 .0 DEFINITIONS 2 . 1 GENERAL RULES: For the purpose of this ordinance, the following rules shall be applied in constructing, interpreting or otherwise defining the terms and provisions hereof: 1 . Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular. 2 . The word "shall" is mandatory and the word "may" is permissive. 815-4 2.2 DEFINITIONS: For the purpose of this ordinance, certain words or terms applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance, but not defined in this ordinance shall have the meanings ascribed thereto in the Comprehensive Zoning Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony unless there exists an irreconcilable conflict in which case the definition contained in this ordinance shall control. BUFFERYARD: A bufferyard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them. BUILDING FOOTPRINT: The area of the building in contact with the ground. CALIPER: Diameter of the trunk measured one foot ( 11 ) above ground level. CANOPY TREES: A perennial woody plant, single or multiple trunk, contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees . ENHANCED PAVEMENT: Any permeable or nonpermeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass paver and stamped and stained concrete. GROUND COVER: Low growing, dense spreading plants typically planted from containers . INTERIOR LOT AREA: The area of the lot remaining after subtracting out the area included in the bufferyards . LANDSCAPE ADMINISTRATOR: The City Manager or his designee. LANDSCAPE ARCHITECT: A person registered as a Landscape Architect in the State of Texas pursuant to state law. LANDSCAPE AREA: An area which is covered by natural grass, ground cover, or other natural plant materials . LAWN GRASSES: Thin bladed surface growing plants typically planted from seed, sprigs or plugs . LICENSED IRRIGATOR: A person duly licensed by the State of Texas to design and install irrigation systems . 88.5 PERMEABLE PAVEMENT: A paving material that permits water penetration. R.O.W. PARKWAY: That area within the public right-of-way (R.O.W. ) between the back of curb or edge of pavement and the right-of-way line. SEASONAL COLOR: Landscape areas used for annual and perennial flowers intended to maintain year-round color accents . SHRUBS: Plants which grow vertically in a multi-branched growth pattern. UNDERSTORY/ACCENT TREES: Small evergreen or deciduous perennial woody plants which would grow below the top layer of the forest and typically has unique branching, textural or seasonal color characteristics . 3.0 LANDSCAPE/IRRIGATION REQUIREMENTS 3. 1 GENERAL: The requirements herein shall apply to all new non-residential construction and multi-family construction other than duplex uses . The requirements for landscaping shall combine the bufferyard requirements, minimum landscape areas on the interior portion of the lot, and minimum landscape areas for parking areas . a. Existing buildings : Buildings in existence on the effective date of this ordinance shall be considered legally nonconforming as it pertains to this ordinance. The requirements herein shall not apply to new construction necessary to replace a legally nonconforming structure which has been destroyed by fire. New construction intended to increase the square footage of the existing building by 30% or greater shall be required to meet the requirements herein. Such 30% shall be based on the original nonconforming structure in existence on the date of approval of this ordinance. Any new construction which exceeds 5,000 square feet shall be required to meet the requirements herein. The requirements herein shall pertain only to the square footage of the proposed new construction. b. Pad site developments : Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements of Section 3 . 3 herein. s S�V� 3.2 BUFFERYARDS: All plant material required by the bufferyard section of the Zoning Ordinance (Ord. 480-D, Section 42) shall be shown on the required Landscape Plan. 3. 3 INTERIOR LANDSCAPE AREA REQUIREMENTS: The amount of landscape area required on the interior of the lot (excludes bufferyards) shall be based on the square footage of the proposed buildings . The square footage of the building for the purposes of this ordinance will be the sum of the square footage of the first floor added to one-half the square footage of all additional floors . (Excluding mezzanines) For single-story anchor tenants having greater than 20,000 square feet of area, the building square footage shall be the front width of the building multiplied by a depth of sixty feet (60 ' ) . The required landscape area shall be 50% of the square footage as determined above. a. Planting Requirements: The following plants shall be required within the interior landscape areas at the ratio indicated. - 1 Canopy Tree per 400 square feet - 1 Understory Tree per 200 square feet - 1 Shrub per 40 square feet - Ground Cover - 10% of required area b. Example: Three story building, each floor has 2,000 square feet. First Floor = 2,000 Second = 1,000 Third = 11000 Effective Floor area 4,000 Times 50% x .50 = Required Landscape area 2,000 sq. ft. Required Canopy Trees @ 1/400 sq. ft. = 5 Required Understory Trees @ 1/200 sq. ft. _ 10 50 Required Shrubs @ 1/40 sq. ft. - Required Ground cover area @ 10% = 200 sq. ft. C. Location Requirements : A minimum of 75% of all required plant material within the interior landscape areas shall be in the front and along either side of the building between the building and the interior edge of the required bufferyards . d. Enhanced Pavement Credits : For every one foot ( 1 ' ) of enhanced pavement area, the required interior landscape area may be reduced by one-half foot ( .51 ) . The maximum credit given 5 PrT for enhanced pavement shall be ten percent ( 10%) of the required interior landscape area. e. R.O.W. Landscaping Credits : The required interior landscape area may be reduced by a maximum of ten percent ( 10%) when the applicant chooses to establish, irrigate and maintain turfgrass within the R.O.W. parkway along the front of their property. The percentage credit shall be based on the percentage of the parkway irrigated. (i.e. 50% of parkway irrigated, 5% credit) 3.4 PARKING LOT LANDSCAPE AREA REQUIREMENTS: Planter islands shall be provided in parking areas on the basis of ten ( 10) square feet of landscape area for each parking stall provided. (Approximately one island per 16 stalls) Each row of parking stalls shall provide the required landscape area, however, it shall be the applicant' s right to place the islands near the buildings, throughout the parking, or at the end of the rows away from the building. The Landscape Administrator may modify the island requirement for each row in situations where it would appear beneficial to combine an awkward or hazardous island into a larger island within the parking area. Planter islands shall have a minimum width of 8 ' back-to-back if curbed or 9 ' edge-to-edge if no curb is intended, and shall be equal to the length of the parking stall. Parking lot landscape areas do count towards the total required interior landscape area. a. Existing Trees: The Landscape Administrator may approve variations to the planter island requirements in order to preserve existing trees in interior parking areas. For existing trees the minimum width of the planter island shall be as follows : 6" caliper or less = 8 ' minimum width 6" - 12" caliper = 12 ' minimum width greater than 12" caliper = 18 ' minimum width b. Planting Requirements: A minimum of 50% of all planter islands in parking areas shall contain a minimum of one ( 1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree. C. Exemptions: Parking garages are not required to provide landscape areas interior to the ,. parking area. $e-$ 3.5 VISIBILITY TRIANGLE: No requirements herein shall be deemed to require plantings which would conflict with the visibility triangle at the intersection of public R.O.W. as defined in the Subdivision Ordinance. Consideration should also be given to visibility at the intersection of major driveways with the public R.O.W. 3 . 6 IRRIGATION REQUIREMENTS: All required landscape areas shall be irrigated by an automatic irrigation system designed by a Licensed Irrigator, Landscape Architect or other professional authorized by the State to design such systems . Natural meadows of wild flowers or other native habitat shall not be required to be irrigated. a. Water Conservation: The City would like to promote the use of efficient irrigation methods and practices. Where possible in planting beds, flood irrigation, porous pipe or emitter/drip systems should be utilized. Where slopes do not allow flood systems, flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. b. Water Conservation Credits : Where flood irrigation, emitter/drip systems, or porous pipe are utilized in at least 75% of all shrub beds, the required landscape area may be reduced by 10%. 4 .0 EXISTING TREE PRESERVATION 4 . 1 GENERAL: One of the City's greatest assets is the existence of many specimen quality native trees . One objective of this ordinance is the preservation of these trees while allowing quality development to take place. 4 .2 TREES 12" OR GREATER: All existing specimen trees with a caliper of 12" or greater shall be saved in landscape areas as a part of the development. a. Building Footprint: The above requirement shall not apply to the area intended for the actual building footprint plus a reasonable distance outside this area for construction vehicle maneuvering and grading requirements . b. Parking Areas : The above requirement shall not apply to the area intended as a fire lane or parking stalls. $" 4.3 EXISTING TREE CREDITS: Existing trees which are saved in landscape areas having an area at least 50% of the drip line shall be granted credits toward reducing the required plantings as follows : Size of Tree Saved CaA92y Understory 6" - 12" caliper = 2 or 3 12" caliper or greater = 3 or 4 5.0 PLANT MATERIAL 5. 1 QUALITY STANDARD: All plant material shall be of No. 1 grade, free from plant disease, of typical growth for the species, have a healthy, normal root system, rounded branching pattern, and shall conform to the code of standards set forth in the current addition of the American Standard for Nursery Stock. 5.2 RECOMMENDED PLANTS: Shown in Appendix 'A' is a list of recommended plants within each plant material -type. The applicant may propose plants other h r than those listed if the plant seems appropriate the intended use or the applicant maintains a plant care program sufficient to properly care for the proposed plant material. The City reserves the right to approve plants and planting through an appointed Landscape Architect, horticulturalist, or other person so qualified. 5. 3 SIZE REQUIREMENTS WHEN PLANTED: All plants shall equal or exceed the following measurements when planted. Plants larger than specified may be used but use of such plants shall not decrease the size requirements of other proposed plants. a. Tree measurement: Canopy and understory trees with single trunks shall be measured by caliper size one foot ( 11 ) above the ground line. Multi-Trunk trees shall be measured by the height of the tree. b. Minimum Sizes: Minimum plant size when planted shall be as follows : Plant Material Type Minimum Size Canopy Tree Single Trunk 1 1/2" caliper Multi-Trunk Clump 6 feet (height) Understory Tree 4 feet (height) Shrub* Deciduous 15 inches (height) Evergreen 12 inches (height) Groundcover 4" containers * The Landscape Administrator may approve smaller size shrubs based on unusual growing circumstances and/or on a specific design which reflects the overall intent of this ordinance. $8-1 O 6.0 LANDSCAPE/IRRIGATION PLAN REQUIREMENTS 6 . 1 QUALIFICATION TO PREPARE PLANS: For all lots greater than 30,000 square feet, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. 6 .2 LANDSCAPE PLAN REQUIREMENTS: The following items shall be provided on the required landscape plan. a. Sheet size 24" x 3611 , or as approved. b. Acceptable scale: 1" = 10 ' , 1" = 20 ' , i" = 40 ' or as approved. C. North arrow, graphic and written scale in close proximity. d. Appropriate title (i .e. "Landscape Plan") e. Title block includes street ad state, date dress, lot and block, subdivision name, city, preparation. f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Boundary shown with dimensions . i . Any existing utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc. ) J . Width and type of bufferyards labeled on all sides. k. Location, caliper size and name of all existing trees 6" caliper or more which are to be preserved. 1 . Location, quantity, size and name of all proposed plant materials . M. Maintenance note provided. (Section 10. 1) n. Label type of any enhanced pavement proposed. o. Visibility triangles shown. p. Landscape Architect seal signed and dated. q. Plant list shown with format similar to Appendix 'C' . foot ( 1 ' ) contour r. Any berms delineated with one intervals . 6 . 3 . IRRIGATION PLAN REQUIREMENTS: The following items shall be provided on the required irrigation plan. a. Sheet size 24" x 3611 , or as approved. b. Acceptable scale: 1" = 10 ' , 1" = 20 ' 1 1" = 40 ' or as approved. (Must be same as Landscape Plan) C . North arrow, graphic and written scale in close proximity. d. Appropriate title (i .e. "Irrigation Plan" ) e. Title block includes street address,state, date and of block, subdivision name, city, preparation. 845-11 f . Name and address of owner. g, Name, address and phone of firm preparing plan. h. Boundary shown with dimensions. f i . Location of all existing trees 6" caliper or larger which are to be saved. J . All pipes labeled as to size. k. All heads labeled as to type. (Legend is ptab accele) tion lab 1 . acceptable) with type and size. c flowptab preven M. Connection to water service shown after meter. n. Second meter (with size) shown if intended. o. Any existing utilities shown. (i.e. water, sewer, storm drain, gas, electric, cable, etc. ) p. Note on plan: "All backflow installations and connections to city water lines t be the i permitted separately by Y inspection staff. Call (817) 481-5581, ext. 750 . " q. Maintenance note provided. (Section 10. 1) r. Plan sealed, signed and dated by qualified professional as authorized by State law. 7.0 OTHER RELATED REOUIREMENTS 7 . 1 SCREENING: All the requirements of the Screening section of the Zoning Ordinance (Ord. 480, Section 39) shall be met and shown on the required landscape plan. 7 .2 OUTSIDE STORAGE: All the requirements of the Outside Storage section of the Zoning Ordinance (Ord. 480, Section 38) shall be met and shown on the required landscape plan. 8.0 IMPROVEMENTS IN PUBLIC R.O.W. / EASEMENTS 8. 1 GENERAL: It is not the intent of this ordinance to require landscape improvements within public R.O.W. However, a maximum of ten percent ( 10%) of the required interior plant material may be placed within the R.O.W. parkway if the parkway area is irrigated. Should the applicant elect to provide improvements in public R.O.W. , the following shall apply. 8.2 R.O.W. USE AGREEMENTS: Prior to any landscape/irrigation improvements within public R.O.W. , a R.O.W. Use Agreement shall be duly executed in conformance with the requirements set out by the Director of Public Works . 8 . 3 REPLACEMENT RESPONSIBILITIES: The City shall endeavor to require replacement of all landscape/irrigation improvements as a part of contracts to install public utilities within public R.O.W. and/or public easements . The City and owner shall not be responsible for replacing these (4w, improvements . In the event the City anticipates utility improvements conflicting with intended landscape/irrigation improvements, the City may 8l5-12 require that the applicant wait to install said improvements until after the public improvements have been installed or under certain circumstances, the City may prohibit landscape improvements within the R.O.W. 9 .0 REVIEW PROCEDURES 9 . 1 SUBMITTAL REQUIREMENTS: The Landscape Administrator shall establish administrative procedures necessary to facilitate the implementation and enforcement of this ordinance. a. Application Checklist: All submittals shall be accompanied by an application form and completed checklist. Landscape Plans shall be accompanied by the required Landscape Summary (Appendix 'B' ) . b. Fees: All submittals shall be accompanied by a check payable to the City in the amount specified by City Council. 9 .2 AUTHORITY FOR REVIEW: The Landscape Administrator shall be responsible for the review of all plans submitted in accordance with the requirements of this ordinance. 9 . 3 REVIEW PROCESS: The Landscape Administrator shall review the required submittals and provide the applicant with a written summary of the review. It shall be the applicant's responsibility to revise the submittals as necessary to obtain approval. 10.0 MAINTENANCE 10. 1 GENERAL: The Owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping and irrigation. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter; weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All irrigation heads or lines which are broken and flow water shall be replaced/repaired immediately to prevent the waste of water. 10 .2 PLANT REPLACEMENTS: The Owner shall be responsible for replacing all plant material which shows dead branching over 75% or more of the normal branching pattern and repair of irrigation system requirements set herein for the period of one ( 1) year from the b8-13 date of the issuance of a Certificate of Occupancy. Plant materials which die shall be replaced with plant material of similar variety and similar initial size. Upon notification by the City of such replacements, the Owner shall have thirty (30) days to comply with these requirements. 10 . 3 PLAN REQUIREMENTS: Paragraph the• 1 above Irrigation shall be shown on the Landscape an 11.0 ENFORCEMENT 11. 1 BUILDING PERMIT: No building permits for building, paving, grading or construction shall be issued until a Landscape Plan meeting the requirements of this ordinance has been approved by the Landscape Administrator. Under certain conditions such as a "Fast Track" building process for large developments, the developer and the Landscape Administrator may negotiate the submittal of a Landscape Plan at some time after the issuance of the original building permit. 11 .2 CERTIFICATE OF OCCUPANCY: All plantings, screening, berms or other requirements of this ordinance shall be installed prior to the issuance of a Certificate of Occupancy (C.O. ) . Any sod intended must be installed, hydromulch areas must be sprayed. Turf establishment is not required prior to issuance of a C.O. a. Temporary Certificate of Occupancy: In any case in which a C.O. is sought at a season of the year in which the Landscape Administrator determines that it would be impractical to install plantings as required herein, a Temporary Certificate of Occupancy (T.C.O. ) may be issued for the intended use for a period not to exceed six (6) months . Prior to the issuance of a T.C.O. , the applicant shall provide a letter of credit, or escrow deposit in an amount sufficient to cover the installation of the landscape and irrigation requirements herein, plus a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the right to draw upon the letter of credit or escrow deposit to complete the installation of the requirements herein. Any funds in excess of those required to complete the installation shall be retained by the City as administration costs . S�-�4 12.0 MODIFICATIONS VARIANCES AND APPEALS 12 . 1 MODIFICATIONS: The Landscape Administrator shall be to granted authority to approve modifications appeal the requirements set herein upon the written Y the applicant. Such appeal shall outline the specific modifications requested and the justifications for such request. 12 .2 VARIANCES AND APPEALS: Any applicant who desires an elimination of the requirements herein or desires to appeal a decision by the Landscape Administrator, shall submit such request in a timely manner to the City Manager for consideration by the City Council. Such request shall be accompanied by adequate graphic reproductions, a written summary of the request and justification for such request. The decision of the City Council shall be final . 13.0 VIOLATIONS: Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed Five Hundred Dollars and No Cents ($500.00) for all violations . Each day that a violation is permitted to exist shall constitute a separate offense. 14 .0 SEVERABILITY: It is hereby declared to be the intention of the City Council of the City that any word, phrase, clause, sentence, paragraph, section or part in or of this ordinance shall be severable. 15. 0 CONFLICTING ORDINANCES: This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the city; and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 16 . 0 EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. 17 . 0 APPENDICES It is anticipated that the following appendices will be changed periodically by the Landscape Administrator in response to changes in the administration of this ordinance. $p-(5 APPENDIX 'A' - Recommended Plants Common Name Botanical Name Comments Overstory/Canopy Tree n Carya illinoensis Deep tap root ar Elm Ulmus crasaifolia Disease resistant Red Oak Quercus Shumardii Red fall color Live Oak Quercus virginiana Hardy evergreen Bur Oak Quercus macrocarpa Nice branch character Lacebark Elm Ulmus parvifolia Fast growth, disease resistant Chin. Pistache Pistacia cainensis Fall color Bald Cypress Taxodium species Likes wet feet, fall color Honeylocust Gladitsia triacanthos 'var. ' Lacy foliage, fall color Southern Magnolia Magnolia grandiflora Large evergreen, white flower Understory/Accent Trees Bradford Pear Pyrus calleryana 'Bradford' Shiny foliage, disease resist. Redbud Cercis canadensis Long flowering in spring Yaupon Tree Ilex vomitoria Very hardy Crape Myrtle Lagerstroemia indica Some die-back Jap. Black Pine Pinus thunbergi Great color, best of pines Purpleleaf Plum Prunus cerasifera Purple foliage Vitex Vitex Agnus-castus Native, purple flower Shrubs Photinia Photinia Fraseri Tall, red foliage spring/fall C-f Eleagnus pungens Gray, tolerates heat/drought f Yaupon Holly Ilex vomitoria 'nana' Dense rounded growth Burford Holly Ilex cornuta 'Burfordii nana' Shiny green leaf Dwarf Chinese Holly Ilex cornuta 'Rotunda' Low rounded growth, tough Tam Juniper Juniperus sabina 'Tam' Low growth, tolerates heat Sea Green Juniper Juniperus Chinensis 'Sea Green' Arching growth Japanese Barberry Berberis thunbergi Thorne, red foliage Flowering Quince Chanomeles 'Texas Scarlet' Red flower, early spring Texas Sage Leucophyllum frutescens 'nana' Gray foliage Forsythia Forsythia intermedia Yellow flower in early spring Spiraea Spiraea prunifolia White flower, April-May Pampas Grass Cordateria Selloana Fall flower Ground Covers Juniper Species Jun. horizontalis, procumbens Tolerates heat/drought Monkey Grass Liriope muscari Hardy, blue flower Mondo Grass Ophiopogon japonicus Small dark leaves Asian Jasmine Trachelospermun asiaticum Some die back Vinca/Periwinkle Vinca Major Shade Purple Euonymus Euonymus fortunei 'coloratus' Vines Carolina Jessamine Gelsemium sempervirens Yellow flower galls Honeysuckle Lonicera japonica 'Halls' White flower 1 Honeysuckle Lonicera sempervirens Red flower �Wey Banks Rose Rosa Banksiae Yellow flower 815-110 APPENDIX 'S' REQUIRED LANDSCAPE SUMMARY_ PLANTS PROVIDED Canopy Understory Shrubs BUFFERYARD SUMMARY Trees Trees North: Width = Level = South: Width = Level = East: Width = Level = West: Width = Level = INTERIOR LANDSCAPE SUMMARY Building square footage - First Floor = One half square footage - Other Floors = Sum for effective floor area = Multiply by 50 % x .50 Required interior landscape area = sq. ft. CREDIT SUMMARY Less 10 % credit for water conservation Less credit for enhanced pavement (max. 10%) Less credit for R.O.W. Landscaping (max. 10%) Net required interior landscape area = sq. ft. RE UIRED PLANTING SUMMARY_ Existing* Net Required Tree Cr. Required Canopy Trees @ 1/400 sq. ft. _ Understory Trees @ 1/200 sq. ft. _ Shrubs @ 1/40 sq. ft. _ Ground cover area @ 10% = sq. ft. 75% of required planting in front and along sides of building? Yes No *EXISTING TREE CREDIT SUMMARY Applied To Canopy Understory Trees Trees Trees @ 6" - 12" caliper Trees @ 12" caliper or greater Sg-�� 333 3 � Ln . to cot cn !'1 C f f'1 N ACT r♦ CO CO CO pg 4 . 4 cncn aaaa8 a �n �n'�n'>+ Pn' aaa 0o co cn a� CV) i-s ch e� is i4 ar r r Ln Ln Ln N Ln Ln Ln in to to Ln in &n ri rl � r4 rl to = o '0 o4. g 4' >to 404 8 b - . .� � � � Z$.� ra W 1 > 13, 8ro8 to gl� ,�a � W � � to 44 S w W Cal ° QQ—'Q hn- hhh hhhhhh hhhhtNhh hhhc`- �' �' hhhhhhh VF/ VV hhhhh hhhhhh hhhhhhh hhhhhh hhhhhhh • 5� BUFFERYARO �A 1S5' _ • • • GAR WN514 q 00 so. FT 0 I Z► YOB. �}10 1 • � C=:l • N GAS STb,-rlON %L $00 5 Q.F T. W I SCALE- 1"= 40� N I I d, f LL 1L m Cf? 10, I i \� G RE00. FRGVIVED L OT AREq = �8� yea bq'fT' L ANDSGAPED AREA �3S•.G� 1,350 S.F. 1,9LZ S-F- BUFFER ARE D. _ �� 425 S.F (ly'/o> GAN D PY TREES 3 3 Lp.NDSC. AREA = 1, 92z S.F. ( 5•%> UNDERSTD� TREES 7 7 sHRueS 34 GROUND COVER 135 S.F. BUILDIN C-1 SO.FT. _ 5• 2 700 F. i FROM-T �SIOa 1,OIZS.F. 1�175 S.f• $�•19 91Z6/q I S S U FFE RYARD R 6o r75 ® , 4y1 5}iRtlSS 590 I ♦LJ uNpERSToRY TREE 4 Q 550 SQ.FT. Y NI FAST Fooc> ec NI a I��=301 v � b ro4 zoµ1N 1 ' CANOPY TiZrc E 1 514 I I I/ IbZ FRon��S�De= 1,434 s.F= I0070 43 �1 I 1 I0' BUFFER`(NlZD #6 0 RtQp peoyloeo LANDSCA.✓�=G A2.A 1� Z7 S (4ys� 2 �-700 LO"( AREA = 34�105 100% C.c,Iv0P`( TQEES 3 6 P>UFFIK AREA = 6,130 s - Zoye U N OERSTO�'( -cR�es r, SI+RuesS 32. I L-, R0Ut40 G0vE2 %Z8 S.F. �ulLDI1.IG SQ.Fr = 21550 S.F. SC3-2p 9'Zbr91 1S Q Z O N 1 �{(s p�'�►rt Day G�c . 42.3 LOCATION - Bufferyards shall be located within and along ! the outer perimeter of a lot or boundary line. Bufferyards may overlap drainage and/or utility easements, however plantings should not impede the flow of water within a drainage easement. Bufferyards shall not nb located street or portion of an existing or dedicated public right-of-way. 42.4 DETERMINATION OF BUFFERYARD REOUIREI►dENTS a. Refer to Tables ONE, TWO or THREE to determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the Illustration f of ar Bufferyards" attached cribed in Illustration o , this ',Illustration section. b. In all tables the applicant should begin along the left column by determining the zoning of their tract and then horizontally match the appropriate column to determine the required bufferyard. The following is a summary of all bufferyards . Plant materials required are per 100 linear feet of property line. All buf f eryards have t 2 O$ option the f width reducing of the required plantings by bufferyard is doubled. Under- Canopy Story Buffe and Trees Trees Shrubs Width Note A 1 B 2 4 12 10 • C 4 6 18 10 ' D 6 10 25 10 ' E 3 6 g 10 ' Fence-F1 F1 4 8 12 10 ' Fence-F1 F2 4 8 12 10 ' Fence-F2 G 2 4 6 10 ' Berm -B1 � o o a ,� ■ O U s < « s s w s a m m < < < < m m O o O � 0 � c < w s s « s s s < < m m W W W W W W W W w w w .a 10 CN s « s s w « s i i w s a s s s s < < s s O M H Se a s O C a s s s a s s s w w w s a s s i s eC < y Q ° < < « < < Qic < < mm ec rc c y iD O C6 « « « mm < < a 'Il s tics s s # a s < < < < 1e O. m I+ O a E t a < a s w a s s < < « < < < < m m U U < < y 0 OG • W 3 b a < s s s w a s « < < < < < < m m U U < < a c� e ad m m O O < oc y s < s s s s w # < < < < 14 R. A' oc PC ° p a y W z r pa N w < w « # s « : < < < < m m U U 0 0 W W in m o ° I - Q 64 W O m 3 O�i.7e 0 < a a w # s s « « m m U U 0 0 r f+ E O N m cm W W N -�+y H 2 m a •1 .� O U O E m Oti w « # # s s < < < < m m U i W W Or 14 L' 14 O m c .� 4 m U O `N � � C7 N a m s a s # « s W IW U O � � N N W Wes, M 0, 1r. 64 14 = C • y vl %4 Cs m � � � � O4 U A a W 14 1704 m� � >4 • L y 9 U %- ix 64 114 o O O W be 'cc y O. y 9 i m m tT « m w w « # # t VI rl U in 67 k7 as Nd W _ 04 c C .4 -4 W sEe O U O W al Owe. w 04 O C y V4 « U c m N o t < 'O ri s U w s a w w # fiber U O W oy 04 bo W G O >� a. O O O O m Oy {W s U s # # s « # 14U mU mmUU UU C do 13 S U m 4< < < < # « # ° 93 ° >1 .� ' tyi c9 bmUO2 e'ye O� �uaoQCpQ E stQ4Z son rl a r+ • y oe rc m m 000 r+ N Na rlN rlN M N b 0 O Oe r! rl en N r! N O B. N W y0 04 14 14 0y 14 b. 14 r/ 1 I 1 I 11 1 1 z J G: W alJ (A CO W m z O O U U U U m m M 1-4 "' L g> t ■ O • Le E 7 " 0 E• TABLE TWO BUFFERYARDS ADJACENT TO R.O.W. This table shall be used to determine the bufferyard requirements along public right-of-way. Zoning of 1938 Arterial Collector-64 ' R.O.W. Developing Highway & 84 ' Land Use Desig. Across St. Res Tract 114 1709 R.O.W. Indust. Mixed Public Res. Stre= * * * * * AG * ' B B * * * * * CS B RE B B B * * * * * * * * * SF1A B B B SF1B B B B SF30 B B B SF20A B B B * * SF20B B B B A A A MF1 C C C A A A A A MF2 C C A A B OI G G G .A A A A B 02 A B C C-1 G G G A A A B C C-2 G G G B B S B C C-3 G G G B B B B C C-4 G G G B C D B-1 G G G B B B C D B-2 G C C D I-I D D D B B C C D I-2 B B C C D MH C C C B B g B C HC G G G * No bufferyard required. In PUD, S-P-1 and S-P-2 zoning districts, the nearest zoning catego: applicable to the predominant rbprevailing use of a parcel shall be us_ for purposes of determining the Document Name: TABLE2 42-8 g15-23 TABLE THREE BUFFERYARDS ADJACENT TO UNDEVELOPED PROPERTY This table shall be used to determine the bufferyard requirements adjace= to tracts that are not zoned, or legal non-conforming land uses. Zoning LAND USE DESIGNATION OF ADJACENT TRACT of Mixed Medium Low Densi: Developing Tract Public Industrial Use Residential Residenti� AG CS A * A A B * RE * * SF1A SF1B SF30 SF20A * * * SF20B B D MF1 B * B B D MF2 B E 01 B * B B E 02 C E C-1 B * B C E C-2 B * B E F1 C-3 B * B E F1 C-4 E Fl B-1 c * C E F1 B-2 _ . Fl F1 1-1 D * D F1 F1 I-2 * C E E MH C * B C C HC B * No bufferyard required. In PUD, S-P-1 and S-P-2 zoning revailingsusethe of aearest parcelzshall betus=_ applicable to the predominant p for purposes of determining the required bufferyard. Document Name: TABLE3 42-9 S�•24 ILLUSTRATION B Illustration of Required Structures REQUIRED NOTES FENCES GRAPHIC DEPICTION Finished side Fl to the less intense use. Meow snd.s Poured concrete, F2 brick, etc. Concrete block or haydite block allowed with ornamental/ textured face towards least intensive use. REQUIRED GRAPHIC DEPICTION NOTES BERM - Three' foot minimum Bl height. y •� - Curved layout. Cover 75% of length. g�-2tJ City of Southlake,Texas MEMORANDUM CtTYMANAGER October 29, 1991 TO: Curtis E. Hawk, City Manager FROM: Greg Last, City Planner SUBJECT: Resolution 91-44/Masonry Variance/Timarron ------------------------------------------------------------- Timarron Land Corporation has requested that the above referenced item be tabled at the November 5, 1991 City Council meeting and continued until the November 19, 1991 meeting. GL a City of Southlake,Texas M E M O R A N D U M November 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Sandra L. LeGrand, City Secretary SUBJECT: Interlocal Agreement with Tarrant County Health Department for Food Service --------------------------------------- The attached Interlocal Agreement between the City of Southlake and Tarrant County Health Department is a renewal of an existing agreement for the Food Service and Public Swimming Pool Sanitation Program. If you have any questions, I will try and answer them. n sl 0 4 STA'ITE OF TF-,XAS COUM7 OF TAPRPNT WHFRFAS, the governing bodies of the parties herein finds the follcminy agreement in the best interest of the citizens they serve and WHERE71S, Article 3, Section 64 of the Texas Constitution, and Prticle 4413 (32c) of the Revised Civil Statutes of Texas authorize Counties and Cities in the State of Texas to contract with one another for the performilime of various gcvermx,utal functions and services, including those in the areas of public health and welfare; a►xl WHEREAS, Tarrant County and the City of _ pursuant to the Constitution and the laws of the State of Texas desire to make and enter into a contract- whereby Tarrant County will. ntake available to the City of Food Establislmient and Public Swinniing Pool Inspection Program Services for the public health protection of its residents; NCM, TURFd-ORE, Mal ALL MEN BY THESE PRESFNI'S: Tarrant County hereinafter called "County," acting herein by and through Tom Vandergriff, its duly authorized County Judge as directed by the Commissioners' Court of Tarrant County, and the City of ___. ._ a municipal. corlaratiou situated in Tarrant County, Texas, hereinafter called "City" acting herein by and through !, its duly authorized do hereby ccwenant and agree as follows: County hereby makes available to City for the protection of its residents Food Establishment and Public Swimming Pool Inspection Program Services through the Tarrant County Health Department. 2. The Tarrant County Health Department will provide its services to all food establishments and public swinming pools located within the corporate limits of said City during the term of this agiciment. The said services shall conOnt of a food establishment and public swimming pool inspection program, certifi.cati(v of establislmleuts for issuance of health Lrrmi ts, col lectiou of fe e s, nn.t i f i aLiun to City of violations of health ordinances, documentation of Incyrmm activit rs within City in a quarterly report, and, where legally required by ordinance, approval of food establishli nt and pool managers training, and certification. 3. The City agrees to maintain during the period of this agreement, ordinances which: adopt the current Texas Board of Health "Rules on Food Service Sanitation" and Petail. kbed Store Sanitation"; designate the Director of the Tarrant. County health Department as Health Authority for the purposes of this agre>esnr•nt; to require all food establishnents within corporate limits to maintain a valid health permit; adopt health permit fees of $150 annually for each food service and retail toad establishment that engages in focal preparation, $100 annually for each retail food establisluuent that does not engage in food preparation and $35 for each temporary food establisliment; assign to the Tarrant County health Dvpattnm:nt the' authority to /O A-/ i collect health permit fees directly from permit applicants; and, where not precluded by law, require food establisim eats to have certified managers. 4. °�.. The City agrees to maintain during the period of this agreement, ordinances which: adopt the current Texas Minimum Standards of Sanitation and Health Protection Measures, Title 5, Chapter 341, Subchapter D, Section 341.064 of the Texas Health and Safety Code, and Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Sections 337.71 through 337.96; to designate the Director of the Tarrant County health Department as fieal.th Authority for the purposes of this agreement; to require all public swbmiing pool and spas within the curporate limits to maintain a valid public swimming pool permit; to adopt public swimming pool permit fees of $100 annually for each public swimming pool and spa; to assign to the Tarrant County Health Department the authority to collect public swinnung pool permit fees directly frcm permit applicants; and, where not precluded by law, to require facilities to have certified pool managers. 5. The City shall be responsible for enforcement of the City's health ordinances. 6. The term of this agreement is for a period of one (1) year cenmencing on October 1, 1991, and ending on September 30, 1992, unless either the County or City provides thirty (30) days written notice to the other that an amendment or termination is necessary. �r. 7. County is an independent contractor under the terms of this agreement and is not an officer, agent, servant or employee of City. EXECUTED This day of 1991 in Tarrant County, Texas COUNTY OF TARRANT City of _ STATE Or TEXAS By: By: Tom Vandergriff County Judge Date: Date: APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: City Attorney County Legal Advisor Date: Date: �Irr� ATTEST: By: �o � -a ' City of Southlake,Texas M E M O R A N D U M November 1, 1991 TO: HONORABLE MAYOR FICKES AND COUNCILMEMBERS FROM: Sandra L. LeGrand, City Secretary SUBJECT: Vote for Directors of Tarrant Appraisal District ------------------------------------- As noted in the attached letter to Mayor Fickes from William E. Roberts, Chief Appraiser of Tarrant Appraisal District, the terms of service for the five Directors of Tarrant Appraisal District will expire December 31, 1991. Nominations have been received from the voting entities for candidates to fill the positions . Attached is the official ballot listing the nominees. Southlake has fifteen ( 15) votes to cast. You can place them all on one candidate or split the votes. There is NO provision for write-in candidates. The Chief Appraiser may not count votes cast for someone not listed on the official ballot. If you have any questions, I will try and get you an answer. r SLL/s I i7 OCT 3 01991 TARRANT APPRAISAL DISTRICT OFFICE. OF E.Roberts 2315 Gravel Road • Fort Worth.Texas 76118-6982 • (817) 284- � SECRETAROiiiam of App""°V October 30, 1991 Mr. Gary Fickes, Mayor City of Southlake 667 N. Carroll Southlake, Texas 76092 Dear Mr. Fickes: The terms of service for the five Directors of the Tarrant Appraisal District will expire December 31, 1991. Nominations have been received from the voting taxing entities for candidates to fill the positions, and you will find enclosed an official ballot listing the nominees. . According to the State Property Tax Code, each voting unit must vote in open meeting, and votes may all be cast for one candidate or they may be distributed among any number of candidates listed on the official ballot. The results of your vote must be submitted by November 14 to the Chief Appraiser on the enclosed ballot and by written resolution. There is NO provision for write-in candidates. The Chief Appraiser may not count votes cast for someone not listed on the official ballot. When the ballots have been received and counted we will be advising you of the results. Very truly yours, William E- Roberts Chief Appraiser WER:mm Encl. October 30, 1991 OFFICIAL BALLOT LECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Southlake, having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 15 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Ross B. Calhoun* N.B. A.C. Donohoo David Johnson Hulda Littlefield Ruth Ann McKinney Gene Miers James K. Norwood Richard Perkins Joe A. Potthoff Tommy Vaughn do hereby resolve and order that City of Southlake cast, and does hereby cast, it's votes as follows: votes for votes for votes for votes for votes for Passed this day of , 1991. Presiding Officer ATTEST Secretary or Clerk, City- -of--Southlake IMPORTANT: This ballot must be returned by November 14, 1991 to William E. Roberts, Chief Appraiser, Tarrant Appraisal District, 2315 Gravel Road, Fort Worth, Texas, 76118 *N.B. Mr. Calhoun Has Advised This Office and The Tax Unit That He Will be Unable to Serve /0�8- 3 l City of Southlake,Texas MEMORANDUM CITY MANAGER November 1, 1991 TO: Curtis E. Hawk, City Manager FROM: Michael H. Barnes, Director of Public Works SUBJECT: Proposed Sign Ordinance ----------------------------------------------------------- Attached is the proposed sign ordinance to be placed on the City Council agenda as a discussion item for their November 5th meeting. An alternative ordinance has been added to provide options to the City Council regarding the regulation of off-premise signs . The City Attorney has incorporated revisions into the sign ordinance and such revisions are highlighted for additions and crossed-out for deletions. If you require additional information, please contact me. /N MHB CITY h1ANM FIELDING, B ARRMT & TAYLOR a! 1 ��l 4 ATTORNEYS SLISAN E.HuTOGSa+ CARVAN E.ADMS SUSAN S.JONES ROBERT M.ALLIBON 8851 HIGHWAY So WEST,SUITE 30D Cwvs'IoPPme H.MOLL,OY ERV �Avm g„RR�+ FORT WORTH.TEXAS 76116 WAYNE K.OLSON Eu.W 'TELEPHONE(817)560 0303 TIlNG.MARK SUDD►".Dm FAX(817)560-3953 Ai r TAYLdC.JR JosEmo%E GARRETT E E.k P.WAGNER O E.GLENN Groa DwAY�1E D.HITf •*BOARD CERTIFIED CIVIL.APPELLATE uw— *BOARD CFRTIFgPERSONALD PERSONAL L`AL'RY TRIAL LAW— TEXAS BOARD OF LEGAL SMCWj?ATION TEXAS BOARD OF LEGAL SPECALMAnON October 31, 1991 OVIL TRIAL SPEC]AL1ST— NATIONAL BOARD OF TRIAL ADVOCACY HAND DELIVERED Mr. Curtis Hawk City Manager City of Southlake 667 North Carroll Avenue Southlake, Texas 76092 Re: Proposed Revisions to Sign Ordinance Dear Curtis: Per your request, I am enclosing two alternate drafts of the proposed sign ordinance for consideration by the City Council. Alternate 1 contains my recommended revisions to the draft ordinance dated October 9, 1991, which was prepared by City staff. Alternate 2 is a draft ordinance which excludes off-premise advertising signs, including billboards. Alternate 1 contains the billboard regulations faxed to me by Eddie Wilson on October 29, 1991. With regard to this new billboard section, it is my opinion that the size and height limitations (which appear to be taken from the State Department of Highways and Public Transportation Regulations) are more permissive than is necessary. Additionally, I question whether the 1,760 foot distance restriction from residential dwellings and public parks is appropriate. Finally, it appears that the height regulations in this section might conflict with the definition of height in Section 1 of the ordinance. As we discussed, it may be possible for the City to outlaw billboards as long as the ordinance as a whole does not discriminate against off-premise advertising signs. Alternate 2, therefore, deletes all distinctions between other types of off- premise advertising signs in order to protect against this type of challenge. Both versions are redlined for the convenience of the Council. Alternate 1 is redlined to show the differences between the October 9 , 1991 draft previously furnished to the Council. Alternate 2 is redlined to show the changes that were made from Alternate 1 should the Council desire to exclude billboards from the city limits. If //fl-f Mr. Curtis Hawk October 31, 1991 Page 2 you desire to put this item on the November 5, 1991 Council agenda for first reading, please let me know and I will put these versions in ordinance form prior to the meeting. If you have any questions regarding these ordinances, please give me a call. Very truly yours, OA Wayne K. Olson WKO/kb Enclosures slake\1tr\hawk.17 PS: Per your telephone conversation with Betsy, I have enclosed the original of the burning ordinance which is set for second reading at the November 5th Council meeting. Section 6 of this ordinance ha-z been deleted, per your request. Kim. SIGN ORDINANCE TABLE OF CONTENTS PURPOSE . . .. . . . . . . . . . . . . . . ARTICLE I — IN GENERAL . . . • . • . • • ' SEC. 1 DEFINITIONS . . . . . . . . . . . . . . . . . 1 1 A. GENERAL . . . . . . . . . . . . . . . . . . . 3 B. TYPE OF SIGNS . . . • . • • • . . ' . ' . ' ARTICLE II — ADMINISTRATION . . . . . . . . . . . . . . 5 SEC. 2 SIGN PERMIT REQUIRED . . . . . . . . . . . . . 5 SEC. 3 APPLICATION FOR SIGN PERMIT . . . . . . . • • 6 SEC. 4 FEES . . - • • 6 SEC. 5 CONDITIONAL SIGN PERMIT . . . • . • • 6 SEC. 6 PERMIT REVOCABLE . . . . . . . . . . . . . . . 7 SEC. 7 INSPECTION . . . . . . . . . . . . . . . . 7 SEC. 8 PERMIT VALID FOR ONE HUNDRED EIGHTY (180) . 7 DAYS . . . . . . . . . . . . . . . . . . . SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT 8 SEC. 10 REMOVAL OF SIGNS . . . . . . . . . . . 8 A. OBSOLETE SIGNS. . . . . . . . . . . . . . 8 B. UNSAFE SIGNS. . . . . . . . . . . . . . . 8 C. SIGNS ON UTILITY POLES . . . . . • • . • • 8 D. SIGNS IN RIGHT—OF—WAYS . . . . . . . . . . 9 ARTICLE III — APPEALS AND VARIANCES . . . . . . . . 9 SEC. 11 APPEALS . . . • • • • • • o 9 SEC. 12 VARIANCES . . . . . . . . . . . . . . . . . 9 ARTICLE IV — GENERAL SIGN PROVISIONS . . . . . . . . . . . . 10 SEC. 13 WIND PRESSURE AND DEAD LOAD REQUIREMENTS . . . 10 SEC. 14 MAINTENANCE OF SIGNS . . . . . . . . . . . . 10 SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS 11 A. ATTACHED SIGN . . . . . . . . . 11 Bo MONUMENT SIGN . . . . . . . . . . . . . . . . 11 C. FREESTANDING SIGN 12 . . . . . . . . . . . . SEC. 16 NON—DEFINED SIGNS . . . . . . . . . . . . . 12 stake\sign.lst(110191) �f- //• " — 3 SEC. 17 SPECIFIC REGULATIONS APPLICABLE TO ON-PREMISE (w SIGNS REQUIRING PERMIT . . . . . . . . . . . . 12 A. GENERAL BUSINESS SIGN . . . . . . . 12 B. DIRECTORY SIGN . . . . . . . . . . . . . . . . 13 C. IDENTIFICATION SIGN . . . . . . . . . . . . . 13 D. MULTI-PURPOSE SIGN . . . . . . . . . . . . . . 13 E. READERBOARD SIGN . . . . . . . . . . . . . . . 13 F. SUBDIVISION SIGN . . . . . . . . . . . . . . . 14 SEC. 18 TEMPORARY SIGNS REQUIRING PERMIT . . . . . . . 14 A. BANNERS, PENNANTS, AND STREAMERS . . . . . . . 14 B. BALLOONS AND OTHER FLOATING DEVICES . . . . . 14 C. MODEL HOME SIGN . . . . . . . . . . . . . . . 15 D. SPECIAL PURPOSE SIGN . . . . . . . . . . . . . 15 SEC. 19 TEMPORARY SIGNS EXEMPT FROM PERMIT . . . . . . 15 A. WEEKEND DIRECTIONAL SIGNS . . . . . . . . . . 15 B. POLITICAL SIGNS . . . . . . . . . . . . . . . 15 C. CONSTRUCTION/SUBDIVISION DEVELOPMENT SIGNS . . 16 D. REAL ESTATE SIGNS • . . . . . . . . . . 16 E. SEASONAL DECORATIONS AND DISPLAYS DURING HOLIDAYS . . . . . . . . . . . . . . . . . . . 16 F. SIGNS PLACED INSIDE WINDOWS . . . . . . . . . 16 SEC. 20 SPECIFIC REGULATIONS APPLICABLE TO OFF-PREMISE 16 SIGNS REQUIRING PERMIT . . . . . . . . . . . . A. BILLBOARDS . . . . . . . . . . . . . . . . . . 16 (W B. OFF-PREMISE SUBDIVISION SIGNS . . . . 18 SEC. 21 EXEMPT SIGNS . . . . . . . . . . . . . . . . . 18 SEC. 22 PROHIBITED SIGNS . . . . . . . . . . . . . . . 18 A. OBSCENE SIGNS . . . . . . . . . . . . . 18 B. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES 18 C. OBSTRUCTING VISION . . . . . . . . . . . . . . 19 D. INTERFERENCE WITH TRAFFIC . . . . . . . . 19 E. SIGNS ATTACHED TO OR SUSPENDED FROM BUILDINGS, LIGHT FIXTURES, POLES, SIDEWALKS, ETC. 19 F. PAINTING, MARKING, ETC. OF STREETS, SIDEWALKS, UTILITY POLES, ETC. . . . . . . . . . . . 19 G. ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, STREET SIGNS, ETC. . . . . . . . . . . 19 H. PORTABLE SIGNS . . . . . . . . . . . . . . . . 20 I. CERTAIN ILLUMINATED SIGNS PROHIBITED . . . . . 20 J. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY . . . 20 K. ROOF SIGNS PROHIBITED . . . . . . . . . . . . 21 SEC. 23 NONCONFORMING EXISTING SIGNS . . . . . . . . . 21 SEC. 24 SIGN COPY . . . . . . . . . . . . . . . . . . 21 SEC. 25 PENALTY . . . . . . . . . . . . . . . . . . 21 slake\sign.lst(110191) 'ii. 1/R-T WH$REA3, the City of Southlake Te�€ass a,. home rule city acting under its charter adagtecl b�; the electorate pursuant; to Article Sectioa cgKthe Texas €onstituton anc3 Chapter 9 0€ the; L`oc�l. Gov_rrn�ent "Code.R ka wHEREAs, t? e City counc flf the Cit of Southlake finds that Y the .uncontroliec pro �.feratrQn a signs is hazardous to the users KA of streets 8n� h�.ghw��ts•}�?' t�tc• :::.:z<>..}:�} .v. ...�,.k r..:r...Yh. . :�....-:..... .a,..... .:..:... A .---.... et eaen�c- � :. _ .o t. he:;;:C }}}.}:arid.>,li +e:?::}..::.... :::J.:.;;:.:.:•:..:.:.: tho ... .... Str3 .........3•............ :::::..:.::.:...•<. .,.'.':.}:.::<i<•}?:: •:,, :.}:"<.}x•»»:?:•}n..,.•<:},}'?,o-}.}}vo•'L}i}}xf.�;+-`y';.:>':?x:::y.,.{:•::Y}:::::.... are ,di . :: ::::<�:::;':::?}«:v;:;::<:•:;:}}}::::>;: ;::::.::,.}<, : >>v�.:: ...:.:.x,';}::.}... . :...:.... :.. to its :ecarQic + eve2oen by<Satx' lctrg:Y}toura.st `permanent residents f and new busnsse and cu3.tural ¢fae�iltzes r and ....................... .. :.. �.. .w : }:.} r�wy w�,t C. 't. ,::n, :c� c. «: '.:.0 t'h. .:}.�:: ..,..::.....,.. ..::.:::::::.:::}.... ....:: :-::;:- ;.;<.:t •:}:4::•:nv:..}::vw}:�:•::w :.:^::tS:{Y.,v,{\}}TS <yv.i;.•n;}?2}'}"':<;:h:4:....... :::.};?.y v:::•:.. /�. .... :, ::ti>thr.+�. ..........: .......... .-.r•:i}.n:....::•.<.::<-::...., ..•Fr::}:.j:•:::<:•<-::.-..}}}}}.}}};.::::,:.,• :.};•'v.::.v :•:j{":'�'{}i;}:::iy}L::..-Y:i:':i::':j:-:• t�Il'2SL�:<.:�.Z�.��i�ll�..`•�P.�.B�:'..�..'•.�''-....�..�.-''..�F21�.�«-$•�a' �r, .�•d'��...,assaxxa �s. .,,:.a..v.,.�,-� ..:r},c,6.,;,5;.xv�wca•.x.,aacoa:w�''ka};.•:<ocuaS3ccaweos:�• : BTU.,•. ::::.:..... ::<:<t�:e ` �t un�3ux��.ex• �� tat .;:<:<>:3<<:::>:'�`. :>:: >«. . . . . . .. .. h • :l�ao��cls • .. ;ccnst. Lute a. tra .................... haxc and awensttc1 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 slake\sign.1st(110191) -iii- 1/RIS 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; W 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; : :: c :�.•nteres�::::: ae��e�.s��>::v�:...:...::..�;. .. >z�Z� ..:.::.... .......................:............:..::.:.................................�...'�`: � >;�on��a� an reduce visual slake\sign.1st(110191) 'iv' ARTICLE I - IN GENERAL SEC. 1 DEFINITIONS A. GENERAL ether "L 2 ty LA TER means to change the size, shape or outline, intent, or type of sign. BILLBOARD means any sign that is erected ancf maintained for 1` e `puoss of adv inc bushesse � sex-� Ges , Dods: : ::r.�..::::::.::::::.::<:.?}::<}::.::x??:::::;.;:::.};.:::::.. trac t ions D1t , :t r ar a..... same { , a> <yase sace �s aa�.c , ehteclx :n;}.•:O'J.<}}:::?:....:.::?:+C .::::{.:.v... ?iti:: :_}::}':•ti? '.:�::ti�R7giFA�.:. ............ ., 1xv.}:\.:4.+%•:ttw%}}v?1%J:v}:•i:.v}}%v..,%$}iC.}:•}%n.�:x3.4vSGv+i:.}i}:Mri•}%':.r$4:vY.•�}...-:C}:.Nvti•:-?�%}}::Yn{C.l.r: ep aex►> W1 L_ of the—sign LL etlen y�ilian 3! gn y tea. w L 11• L .ar L 1 1 1 a�a�.a 1 t1�i-eMited to 9 i �.. but 1'►Al these signs wh-e-se inessage spa-- 1- —all ble EVEr lease;- L L 1 ted-cv-be!-ny effered __1 _1 y en 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 OIW22M OF A SIGN shall mean the entire area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two (2) or more signs 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. s1ake\sign.1st(110191) HEIGHT, as applied to a sign, shall be measured as the vertical 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. 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 bona fide use or purpose. PREMISES means a tract of land under single ownership which is devoted to one common use, 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, pennant, 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 single structure, each sign or panel may be considered separately for square footage purposes and shall be permitted as two (2) signs. When determining the number of signs allowed on a particular site, the structure that supports the sign or signs shall be considered as one (1) sign. SIGN. OFF-PREMISE peen; a en arch directs attention ...... of t ,..:... e :c lipp, . :. product rr or entertainment ncxt . .exc ut vel re atecl to the premises slake\sign.1st(110191) upon :' nc �h such �gn is :located or to which it is _. , e affixed ' (W disp-layinej a-d-vertising eapy eftt—, ' SIGN. ON-PREMISE means any sign, the content of which on which it is located relates to the site » com c `es" referring exclusively tosin�sses�, ` " r services " or ent ersens cn the rem, ses r ' er en these-, g1tes or they sale, lease, or construction of those R; sites. 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 means a temporary flag or a cloth or canvas material attached to a building to advertise temporarily. «.: ........... ........ SIGN CONSTRUCTION means a� a temporary nerite 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. SIGN, DIRECTORY means a l ` t] pas sign listing the occupants within shopping cenEers, industrial sites, retail districts, office districts, and commercial sites. SIGN FREESTANDING means 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 means any > oiias 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 means any temporary sign erected on vertical framework not larger than six (6) square feet in area used primarily for real estate sales, pol' ':dal and directional signs. slake\sign.1st(110191) '3- I /A— SIGN. IDENTIFICATION means aim an on premise sign which is used to identify the name of- shopping centers, industrial, commercial, retail, and office centers. SIGN. ILLUMINATED means any sign which has characters, letters, figures, designs, or outline illuminated by electric lights, luminous tubes, or other means. SIGN, MONUMENT means 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 means a permanent freestanding structure containing a directory ST1 and an identification sign. SIGN. POLITICAL is a type of r2en premises sign which refers only to the candidates `or issues involved in a political election. SIGN. PORTABLE means 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. SIGN. REAL ESTATE means an temporary p RPM- sign pertaining to the sale or.."" rental of property, and advertising property only for use for which it is legally zoned. SIGN READERBOARD (electronic) means a sign that utilizes alternating electronic data control components showing time, temperature, and miscellaneous advertising and/or information. SIGN READERBOARD (manual) means 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 buildings in the subdivision. slake\sign.1st(110191) "4" //,/_ /O (c) Entry Sign: Any permanent sign identifying a (W residential subdivision and located on-premise. (d) Wall Plaque: A permanently affixed csi'-greets 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 of sign shall be limited to identification of the subdivision only. SIGN. TEMPORARY means 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 means a et` ate':':`;". ee sign used for directing realtors and potential home buyers to homes for sale within the City. SIGN TEMPORARY WEEKEND DIRECTIONAL means any a tempos r o 1rx 5e sign temsara y used in directing traffic to a residential section of the City. Company may logos be used on a >€ eee or builder g Y directional signs. SIGN. WALL means 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 means 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. (W slake\sign.lst(110191) 'S' //q/' SEC. 3 APPLICATION FOR SIGN PERMIT (W 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 owner of the property stating that the applicant has permission to erect such signs. SEC. 4 FEES Permanent Sian. 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 ($1.00) 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. Temporary Sian. 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 Sian. 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, ' X:::.:' 1 or relation �. . �. . to adjacent properties, would promote the health, safety, and welfare of the community. Conditional use permitting of s i ns sha l l hat b sed p sh t r ors ent a the sigh, but is :.,. e a aI :crr> x .: <.... ... jog impact intend. d .:.:.;.>:.: of the prflposed sign on ad}scent propertes and to ensure slake\sign.1st0 10191) -6- // 1• —/ adegtzat`etgation< o€`>�otetia : IF unfavorable factors, sucYi as ;the numbex', size, he�.ght . solo=, location, l zghting, ;and otherotent�all ; unravorable impacts; �� adequate CrI'RCCi-Cy�i i i v 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 application 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, material, compositions, dimensions, lighting, and colors. '"' ' ``::' shall be determined FEES: Fees z&,. ...... .:: . . : . 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. 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. slake\sign.lst(110191) "T' // ' SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT A. INVESTIGATION. Whenever any work for which a permit is required by this eerie ordinance 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 ordinance Bede. 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:..'.. el any .. .;:.:>;;:::.;;:.;:.::::r ............ .....,.. . .:::':}:?ii.........¢'tni'ryi:i.'4:j ::jMc.•vv a� .... h Ib a cry ,:�r�thou rst�ce p o€ JW, ,deV. il ..:b�y' 'i _. tg cif .ciai to e.art... mme�i.. a re err car per t :. the gu r i+ heart , saet :> >:o * ft '..expense....incidenta xl' e Ye»ao�ta R of a sign rsant t this paagrapht= shall be :,. '. ...:<........ paid by the owner o.f...the �l�and; building, or structure to which such sign is attached or upon which it is erected. 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 slake\sign.1st(110191) -8- 1/ /W—14 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 may be disposed of. D. SIGNS IN RIGHT-OF-WAYS. weekend, A.ny 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 the right-of-way by the owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign 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. T`Yte C2ty CQunc sa .l hear the appeal at aztr Council n�seting as fto whleher the acdor. ante with all :i?:::i".i:{^:::itr:•i::r:•:;.::.:+.::.}:::.:.,.}.:!- ??::..n:.::....-.:i.Y':.. :: •...:i3 viti;.. ..-.....{..: :.: ?:}.: .::ii. :::::.'^:: 'y' City' Coin �. SEC. 12 VARIANCES 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. granting '�'Ar #, Or t C�.ty Catmcil sha1 determine t :a::: .iea .,enorcelentf the sign regulations w l .:cra s Wear` aid r k �practica :: fculty :<.. ...:.:.:..,_ <: _:... ..:..: < ....... .::::.:or>< e, tsxn the unnecess on.<the ..a ca>gat,fie .: a ;..:;:...A... .fi ::..:._. :;:.......>;:.:.:.:: . . ..,. ands : ::;. a ::::. : W,,{::::.:rv>... .�: . s :s.e <..<.. r# ::;uariance wllo .e. ro : .rt :...: :: .'. is r ... ets and:;„ghat :the c�:...ceve F i .41 nd :z?off`:{ mod: e t a .: ::: ::: .;::::.:::.::::.::: ..:.::.,.:......;..::. ant >` :off th <::V. � ; s ;: < <.:ha y ..with the spirit g aging .. . ai <.::fy�( ' .ash :c <`su.ss _;: a�rd . ar>i A person may reques a i...;+::j :.i:•ii:'iL.:iiiii:iiiiii'::::i:::.:::::•:::::+.:::..... 6`.S...\..:.....:....::..... variance from the Sign Ordinance by filing said request with the Building Official. Any request for variance shall be slake\sign.lst(110191) .9- /� •, 67 / 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. �Z 47 Tffi-I .pT eTgE ef; r the elShall ed�i L G a. s the L G the r' type ethersueh G L LL de nt, a 7 ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 13 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. 14 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; and (e) where the sign or its elements are not in compliance with the requirements of any building, electrical, sign, or other type code construction standards adopted by the City of Southlake. slake\si9n.1st010191) -10- SEC. 15 GENERAL SGI� CATEGORIES AID REGATOMS A. ATTACHED SIGN (1) unless Qi�z'sa35e speGiical .y govdecl `the regulations set forth in this. paragraph shall be applicable to all attached signs which are allowed under this ordinance. o• , , — de Unless unless @�lerw ra — — I i'r provided in th!&-erdinanee, e my one attached sign per street frontage shall be allowed on any premises, u > s oez�x€sepciical ,y' pov e area . qq atrtaehed signs unless t 4ree l r (2) Wall Height Above Grade Maximum Letter/Logo Height 0 - 25 ft. 24 inches 26 - 50 ft. w inches de 6P.QuARA (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. B. MONUMENT SIGN 1 LT3�:@�.x...:.::.;..........::::' .:.N�::.:•::�>��.,.? . .,:...:�;::Ate{.:,..:.:.::.::?•::,•. :.;.. :: ; .:. . gg#, .:..::. .:.r :.::. .. .. ...:..:... :::.:..l.;.:.:::::.:::..:.. :>;>;:. :..<:;�....• : . . :.: .. �: :.>:::.:....:..;;A'�€ et�se>:.... ....cif�. �;::g a . c..... . �.....::......:.:.::;::.::.::::::::::::::.:..v....::....:..:.....,.:......:.,......:., :...:.... .. (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. 7 slake\sign.1st(110191) -11- C, FREESTANDING SIGN 1 Unless},:;athenseeoicazv({ dtherePUlat�ns set forth is # s paragraph s2� be appcae tc a . monu>uent signs which are allowed under this ordinance only one �reestand�ng sgxt p� street €rontageshall- be ai .n� ��g�nl• �w�,se...spec�fscal�.X (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. SEC. 16 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. (W . ............... A .. GENERAL BUSINESS SIGN (1) TYPE OF SIGN: Attached, pe-le !e d Y?i 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 (1) monument sign per business, and one (1) pe-le gk"!V�� 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) }� eesand 3 sign if such signs are separate from each`'other by a minimum of three hundred (300) feet measured radially. slake\sign.1st(110191) -12- (d) Service stations and convenience stores with gasoline facilities are permitted one (1) pele feestansn sign or monument sign per street frontage. B. DIRECTORY SIGN (1) TYPE OF SIGN: Attached, ve-i-e ',Z, s ??�, ?'h or monument. (2) HEIGHT: Twelve (12) feet for a sign. (3) NUMBER OF SIGNS: One (1) per development shopping center. C` IDENTIFICATION SIGN po-�le or monument.ees a c n (1) TYPE OF SIGN: Attached, •__.••..•.•..•.•••...••.,,.,•......,_ (2) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. D. MULTI-PURPOSE SIGN (1) TYPE OF SIGN: Attached, fie ' ' or monument. (2) HEIGHT: Thirty (30) feet for pelre sign. (3) AREA: One hundred fifty (150) square feet for pyre ftesad sign. One hundred (100) square feet for monument sign. (4) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. READERBOARD SIGN (Manual Type) }e 4N?} sig n - must include an (1) TYPE OF SIGN: identification sign as part of tie 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 and all documents shall be submitted to the Building Official. Le slake\sign.1st0 10191) _13- F 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: pe}e een or monument HEIGHT: Twelve (12 feet for peke six (6) feet 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 sign triangle requirements NUMBER OF SIGNS: Two (2) signs per public entrance SEC. 18 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: Two 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: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: 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 slake\sign.1st(110191) '14" C. MODEL HOME 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) sign per builder per subdivision D. SPECIAL PURPOSE SIGN TYPE OF SIGN: Attached or Ve4re freestanding HEIGHT: Not above roofline for attached; fifteen (15) feet for Vale c AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: Four (4) total PLACEMENT TIME: May be placed i- ^.^. thirty (30) days before the event or occasion commences but must be removed within three (3) days after termination thereof SEC. ',3 IP 3 :' :...Y. SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs:- previded' . A. WEEKEND DIRECTIONAL SIGNS TYPE OF SIGN: ground HEIGHT: four (4) feet nanx- AREA: six (6) square feet < "$ im_:;xx� `��' �a}�--fie .'" SETBACK: e : kw:<. { +:EV :.., c_ rt ra... 1 n� r •i• -a• -�if NUMBER OF SIGNS: fifty (50) per subdivision PLACEMENT TIME: 12:00 noon Friday to 12 :00 noon Monday B. POLITICAL SIGNS TYPE OF SIGN: ground HEIGHT: four (4) feet max. AREA: six (6) square feet SETBACK. a :.v .r :; >. .:.::..:::.::::::.... NUMBER OF SIGNS: unlimited PLACEMENT TIME: may be placed forty-five (4 5) days before an election, but shall be removed within three (3) days after such election. slake\sign.1st(110191) -15- C. CONSTRUCTION/SUBDI�TSI�I� DEVTLOPMENT r�IGN`�^^'.mn*nmen 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; €# s' '•:{;\;;::}.{!!:ri]QCM.}:P:.v:.vi i�{i:::Cf,XS':'':'>-i:t:?.'•'i:<::}v::?i::>j ..d�� :�'�.Y+-��tl: ::~'{'/r'�yJ:•-{:':4.ti':{�i:��.i:• �v',/{:�i�.:ii�':'r'�'i: 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 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 (16) 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. 2 0 �: ...::. .`•'`� :.: ;>..; ..................... 'OU R 1+€G':N C.ck ' :.,:�:. :::x. . dance ............::::v v:•:4r::;:s::•r::;{•:� .:.{4:{-. �•ii: ?': :+FX•'r:•::':r:C?.. .:.4rj:��,':'�:i:::n::•...nv.:fi:::'•• ^,,}}•.� �.'r,•r>••; ::::x-:'.;:•{:.r�.r•;-r:'• •• ::f•:::: :�a.r,/>,..{....,.�3��y3....�...:..::.�.:..�r`�:.��..?.�:�. ,+�••:S o. •.r::::r:: .. <" .:;:::••r - Off`:�:.�z:��.> ::�:::::<::r:.<:::>::»$3Z.;:.:r>r<:::>::»»:e:>::»>::;::»::»>::r:.::.r:{.rrr:.;;{.:r;:.r:;:.;;:.r:.::.:::::::::,:::::::::.•::::........................... slake\sign.1st(110191) ACAIOI�I. ay::he erected >alon the State Highway �14 eorridorwhich is„defined a any Iand within one hundred lat? €eet of 'right of way along S. H:•.. .:... ..... SPACING (ali distances measured radiall�r�>: (1 ;Signs: shl not be located w�ti�in 1�T6,O. feet ofr and ... rim en dwei . gar pubX ... park. its sha�.l not 'he �.o�a'�.ecl w'fthin. l.R?5Q feet Qf ...:....... other bzboard signs. ............... SIZE .........................:.::.:::::::::::.... 4:is`iiii:;C^::4::.::r:.•.: :::......:Y:i::^i':•i::i i:::�::?�.;:_'::}:-: ?..::::::i::i:te�rr... >; ;>:::>. a<: .for;::::;::an .:;:;:;>o e<:>s gn;;::;<shill,::::»k e.»............... .;::<.. he:::::ma € .mum.::::are .:.::.:::::::::::::;;<.;:.::.::. ....::; :::..::;::.;:<:.;...>:::::.:.:.::;:::.::.;.;:: .::..: :::...:: s - feet`::::::::with > ::; ►taxinun :hiht rf:. an ::;:. ::: ..::::.::::.::. ::..;:::; =: su OF rta :` nc , tie structra {:pmembrs... t ones be added, but the area ehall < fl :< xceed S�'7:.::square ................... e ' xde of a sign structure.. sucturess .ble to a raa�ftn+ ..: raf . :: : .....::the area s :: txsreda .>themaeat: scare �•iii..::::::.:..:} is•. .i: Y r:ectang3grang e,:::;; irc ,:.ar=< amJ� natian thereof si e ::. .:.::.:::.:::.;;:.:: d .:.; .;.<:>:: :: :::;::> :;::>:::::b�::»< aced;::: b��--to ba��_�<;<_side k�� .. v:::::::::..Y....... crsnstrutort: w th no more stru�tmre:;.:,r fir;.::.:sic...............:......:.: ........ ...............:...:...:........:.::......................... :;::;;::: :v:: : :6......::�. . e::::<:.:........:..:::::::::.:.:.. . . .:. . 71aGe,>;: s3 ........... id �:..:3GI` ..................... ...::::.:.:.:::::: :. ...; : . Theattum gre . e . t2 feet measure from the.; . ghest. point cf tie<.;s rY to the rade �ev-e�`. t.h�e rQ��r�a�• .... �ch e s�9 . < s �� .he ..............................:::::-:::::::.0�::.•:n•:..ri.i:•i:.:{.:rv.:.:.:::.iiY:. }}:,y;::'i:::.Y:...:+.:.:.i:;:ti:::$•:�i'.i:�:<•:±;?::::::::L.:.:.i:::.i:.::.-:�:• :-::;.:._:;:�__::.i:..v. �UTMORIZATION.� pplirat ai fay .any ... and must e sde y� a c©i cr oentraet�sr 1=tensed by.the :State of Xas as an ............... oor Ariuer a ... ens. �. slake\sign.lst(110191) -17- B. OFF-PREMISE SUBDIVISION SIGNS TYPE OF SIGN: Pelre freesa; dc, HEIGHT: Fifteen (16 feed 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 SEC. 21 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: (1) Signs on vehicles 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. P_ ::::::g:..;;:::; .....:::::..f.........:::. .attach. .alp .. .. sfal _ .:,:. fr`<atrailers .d�....csr s .iar uch .......:::.:.:.....:.. >:.;J;�;::..::7L::�.:.::::;::Q:. :::;iiijji'i:: ':;y:.;.i:•Y•ii::::::::.;v}:-. ... ��':�::«*�F::i:-�.lR in ug .:::.::.:....:... . e re-ted..tc� .rc�� . s�.•�.d�ntif �a . on°` sxgns...�n ve� c3e ................... :::<.:.:::::,....:::.:.,.....,...,....v.� (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. SEC. 22 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 prurient 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. slake\sign.lst(110191) -18- //��7 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. " 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 sin, 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 by 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 slake\sign.1st(110191) -19- //,q�� 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. H. PORTABLE SIGNS ttre -is This queh sign Or be 1pcterpreted -to -ptehlbit L, used for btksln�__ hall be purpeseef / hewever, the •L L va L a uav ___—_s • _ 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 sign. Permit shall be issued for one thirty (30) day period with 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 26 slake\sign.1st(110191) -20 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. SEC. NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may ee-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. SIGN x`T Notwithstanding anything contained ordinance herein is allowed to contain any sign authorized in this in lieu of any other copy. non-commercial (ideological) copy SEC. _ 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 more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. slake\si9n.1st0 10191) -21 SIGN ORDINANCE TABLE OF CONTENTS PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLEI - IN GENERAL . . . . . . . . . . . . . . . . . . . 1 SEC. 1 DEFINITIONS . . . . . . . . . . . . . . . . . 1 A. GENERAL . . . . . . . . . . . . . . . . . . . 1 B. TYPE OF SIGNS . . . . . . . . . . . . . . . . 3 ARTICLE II - ADMINISTRATION . . . . . . . . . . . . . . . . . 5 SEC. 2 SIGN PERMIT REQUIRED . . . . . . . . . . . . . 5 SEC. 3 APPLICATION FOR SIGN PERMIT . . . . . . . . . 5 SEC. 4 FEES . . . . . . . . . . . . . . . . . . . . . 6 SEC. 5 CONDITIONAL SIGN PERMIT . . . . . . . . . . . 6 SEC. 6 PERMIT REVOCABLE . . . . . . . . . . . . . . . 7 SEC. 7 INSPECTION . . . . . . . . . . . . . . . . . . 7 SEC. 8 PERMIT LVALID FOR ONE HUNDRED EIGHTY (180) DAYS • • . . • 7 SEC. 9 INVESTIGATION FEES: WORK WITHOUT A PERMIT . . 7 SEC. 10 REMOVAL OF SIGNS . . . . . . . . . . . . . . . 8 A. OBSOLETE SIGNS. . . . . . . . . . . . . . . . 8 B. UNSAFE SIGNS. . . . . . . . . . . . . . . . . 8 C. SIGNS ON UTILITY POLES . . . . . . . . . . . . 8 D. SIGNS IN RIGHT-OF-WAYS . . . . . . . . . . . . 9 ARTICLE III - APPEALS AND VARIANCES . . . . . . . . . . . . . 9 SEC. 11 APPEALS . . . . . . . . . . • . • • . . • • • 9 SEC. 12 VARIANCES . . . . . . . . . . . . . . . . . . 9 ARTICLE IV - GENERAL SIGN PROVISIONS . . . . . . . . . . . . 10 SEC. 13 WIND PRESSURE AND DEAD LOAD REQUIREMENTS . . . 10 SEC. 14 MAINTENANCE OF SIGNS . . . . . . . . . . . . . 10 SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS . . . 10 A. ATTACHED SIGN . . . . . . . . . . . . . . . . 10 B. MONUMENT SIGN . . . . . . . . . . . . . . . . 11 C. FREESTANDING SIGN . . . . . . . . . . . . . . 11 slake\sign.2nd(110191) -i" nk 4 i �.,. SEC. 16 NON-DEFINED SIGNS . . . . . . . . . . . . . . 12 SEC. 17 SPECIFIC REGULATIONS APPLICABLE TO ON-PREMISE SIGNS REQUIRING PERMIT . . . . . . . . . . . . 12 A. GENERAL BUSINESS SIGN . . . . . . . . . . . . 12 B. DIRECTORY SIGN . . . . . . . . . . . . . . . . 12 C. IDENTIFICATION SIGN . . . . . . . . . . 12 D. MULTI-PURPOSE SIGN . . . . . . . . . . . 13 E. READERBOARD SIGN . . . . . . . . . . . . . . . 13 F. SUBDIVISION SIGN . . . . . . . . . . . . . . . 13 SEC. 18 TEMPORARY SIGNS REQUIRING PERMIT . . . . . . . 14 A. BANNERS, PENNANTS, AND STREAMERS . . . . . . . 14 B. BALLOONS AND OTHER FLOATING DEVICES . . . . . 14 C. MODEL HOME SIGN . . . . . . . . . . . . . . . 14 D. SPECIAL PURPOSE SIGN . . . . . . . . . . . . . 14 SEC. 19 TEMPORARY SIGNS EXEMPT FROM PERMIT . . . . . . 15 A. POLITICAL SIGNS . . . . . . . . . . . . . . . 15 B. CONSTRUCTION/SUBDIVISION DEVELOPMENT SIGNS . . 15 C. REAL ESTATE SIGNS . . . . . . . . . . . . . . 15 D. SEASONAL DECORATIONS AND DISPLAYS DURING HOLIDAYS . . . . . . . . . . . . . . . . . . . 16 E. SIGNS PLACED INSIDE WINDOWS . . . . . . . . . 16 SEC. 20 EXEMPT SIGNS . . . . . . . . . . . . . . . . . 17 SEC. 21 PROHIBITED SIGNS . . . . . . . . . . . . . . . 18 A. OBSCENE SIGNS . . . . . . . . . . . . . . . . 18 B. OBSTRUCTING DOORS, WINDOWS, OR FIRE ESCAPES 18 C. OBSTRUCTING VISION . . . . . . . . . . . . . . 18 D. INTERFERENCE WITH TRAFFIC . . . . . . 18 E. SIGNS ATTACHED TO OR SUSPENDED FROM BUILDINGS, LIGHT FIXTURES, POLES, SIDEWALKS, ETC. . . . . 19 F. PAINTING, MARKING, ETC. OF STREETS, SIDEWALKS, UTILITY POLES, ETC. • • • 19 G. ATTACHING ADVERTISING MATTER TO FENCES, UTILITY POLES, STREET SIGNS, ETC. . . . . . . . . . . 19 H. PORTABLE SIGNS . . . . . . . . . . . . . . . . 19 I. CERTAIN ILLUMINATED SIGNS PROHIBITED . . . . . 20 J. SIGNS PROJECTING ON/OVER PUBLIC PROPERTY . . . 20 K. ROOF SIGNS PROHIBITED . . . . . . . . . . . . 20 SEC. 22 NONCONFORMING EXISTING SIGNS . . . . . . . . . 20 SEC. 23 SIGN COPY . . . . . . . . . . . . . . . . . . 21 SEC. 24 PENALTY . . . . . . . . . . . . . . . . . . 21 slake\sign.2nd(110191) -ii- //r7--O;) 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 finds that the uncontrolled proliferation of signs is hazardous to the users of streets and highways within the city limits of Southlake; and WHEREAS, the City Council further finds that scenic resources are distributed throughout the City and have contributed greatly to its economic development by attracting tourists, permanent residents, and new businesses and cultural facilities; and WHEREAS, the City Council further finds that the scattering of signs throughout the City is detrimental to the preservation of those scenic resources and so to the economic base of the City; and WHEREAS, the City Council further finds that off-premises advertising signs, including billboards, constitute a traffic hazard and are unattractive. 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 stake\sign.2nd(110191) -iii- //1.9 - 30 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; To preserve and enhance the appearance of the City and the public interest in asthetics, and to control and reduce visual clutter and blite. slake\sign.2nd(110191) -iv- //,09-- 3/ ARTICLE I - IN GENERAL SEC. 1 DEFINITIONS A. GENERAL ALTER means to change the size, shape or outline, intent, or tyyp�e of sign. ---ty{} businesses, , eertmedi-ties, / entertainment, / / nted/ / 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 area within a single continuous perimeter forming a rectangle enclosing the extreme limits of each sign. In the event two (2) or more signs 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 vertical 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. stake\si9n.2nd(110191) -1- // 'Ag--3 07. 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 bona fide use or purpose. PREMISES means a tract of land under single ownership which is devoted to one common use, 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, pennant, 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 single structure, each sign or panel may be considered separately for square footage purposes and shall be permitted as two (2) signs. When determining the number of signs allowed on a particular site, the structure that supports the sign or signs shall be considered as one (1) sign. SIGN OFF-PREMISE means a sign which directs attention to a business, commodity, service, good, product, or entertainment not exclusively related to the premises upon which such sign is located or to which it is affixed. SIGN ON-PREMISE means any sign, the content of which relates to the site on which it is located, referring slake\sign.2nd(110191) "z" //,&? - 33 exclusively to businesses, commodities, services, products, goods, or entertainment on the premises, or the sale, lease, or construction of those premises . 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 means a temporary flag or a cloth or canvas material attached to a building to advertise temporarily. SIGN CONSTRUCTION means a temporary on-premise 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. SIGN DIRECTORY means an on-premise sign listing the occupants within shopping centers, industrial sites, retail districts, office districts, and commercial sites. SIGN FREESTANDING means 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 means an on-premise 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 means any temporary sign erected on vertical framework not larger than six (6) square feet in area used primarily for real estate sales and directional signs. SIGN IDENTIFICATION means an on-premise sign which is used to identify the name of shopping centers, industrial, commercial, retail , and office centers. SIGN ILLUMINATED means any sign which has characters, letters, figures, designs, or outline illuminated by electric lights, luminous tubes, or other means. SIGN MONUMENT means 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. slake\sign.2nd(110191) 3 _3 SIGN MULTI-PURPOSE means a permanent freestanding structure containing a directory sign and an identification sign. SIGN, POLITICAL is a type of nen preraises off-premise sign which refers only to the candidates or issues involved in a political election. SIGN PORTABLE means 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. SIGN REAL ESTATE means a temporary on-premise sign pertaining to the sale or rental of property, and advertising property only for use for which it is legally zoned. SIGN READERBOARD (electronic) means a sign that utilizes alternating electronic data control components showing time, temperature, and miscellaneous advertising and/or information. SIGN READERBOARD (manual) means 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 buildings in the subdivision. (c) Entry Sign: Any permanent sign identifying a residential subdivision and located on-premise. (d) Wall Plaque: A permanently affixed on-premise sign attached to the entryway of perimeter wall of a subdivision to identify the subdivision by a name or logo. slake\sign.2nd(110191) -4- Sua9' d;o9j a type o i.1„y c y y tif_•eat 1-V 1 -ef` the Z V 1 1 1'11r SIGN, TEMPORARY means 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. eit - SIGN, PE..mPeP_zrR�Y elffE.1_..D �TT]_GIPT Lerary ty 111 residential SIGN, WALL means 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 means 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: slake\sign.2nd(110191) -5- //& � 3 Co 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 owner of the property stating that the applicant has permission to erect such signs. 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 ($1. 00) 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. 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, height, color, location, lighting, or relation to adjacent properties, would promote the health, safety, and welfare of the community. Conditional use permitting of signs shall not be based upon the content of the sign, but is intended to allow for the evaluation of the physical impact of the proposed sign on adjacent properties and to ensure adequate mitigation of potentially unfavorable factors, such as the number, size, height, color, location, lighting, and other potentially unfavorable impacts. APPLICATION: An application for a conditional sign permit shall be submitted to the Building Official and shall include slake\sign.2nd(110191) 6 3 A all documents as required by Section 3 of this ordinance. Additionally, the application 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 for conditional sign permits 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 . 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 ordinance has been commenced or completed without first obtaining a permit, a special slake\sign.2nd(110191) -7- 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 ordinance. 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. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign which is determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the owner of the land, building, or structure to which such sign is attached or upon which it is erected. 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 such sign 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. slake\sign.2nd(110191) -8- D. SIGNS IN RIGHT-OF-WAYS. 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 the right-of-way by the owner of such sign or by any authorized agent, representative or employee of said owner. Any such sign 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. 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 . The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the Building Official was in accordance with all ordinances and regulations. The decision of the City Council shall be final . SEC. 12 VARIANCES 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. In granting any variance, the City Council shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this sign ordinance. 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 slake\sign.2nd(110191) -9- //1y-tea not be granted to relieve a self-created or personal hardship, nor for financial reason alone. ARTICLE IV - GENERAL SIGN PROVISIONS SEC. 13 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. 14 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; and (e) where the sign or its elements are not in compliance with the requirements of any building, electrical, sign, or other type code construction standards adopted by the City of Southlake. SEC. 15 GENERAL SIGN CATEGORIES AND REGULATIONS A. ATTACHED SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all attached signs which are allowed under this ordinance. Only one attached sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. slake\sign.2nd(110191) _10_ (2) Wall Height Above Grade Maximum Letter/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. B. MONUMENT SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all monument signs which are allowed under this ordinance. Only one monument sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (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. FREESTANDING SIGN (1) Unless otherwise specifically provided, the regulations set forth in this paragraph shall be applicable to all monument signs which are allowed under this ordinance. Only one freestanding sign per street frontage shall be allowed on any premises, unless otherwise specifically provided in this ordinance. (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. slake\sign.2nd(110191) -11- SEC. 16 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. 17 SPECIFIC REGULATIONS APPLICABLE TO ON-PREMISE SIGNS REQUIRING PERMIT A. GENERAL BUSINESS SIGN (1) TYPE OF SIGN: Attached, freestanding 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 (1) monument sign per business, and one (1) freestanding 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) freestanding 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) freestanding sign or monument sign per street frontage. B. DIRECTORY SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) HEIGHT: Twelve (12) feet for freestanding sign. (3) NUMBER OF SIGNS: One (1) per development/shopping center. C. IDENTIFICATION SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. stake\sign.2nd(110191) -12- //ham - �3 D. MULTI-PURPOSE SIGN (1) TYPE OF SIGN: Attached, freestanding or monument. (2) HEIGHT: Thirty (30) feet for freestanding sign. (3) AREA: One hundred fifty (150) square feet for freestanding sign. One hundred (100) square feet for monument sign. (4) NUMBER OF SIGNS: One (1) per continuous center not separated by a public street. E. READERBOARD SIGN (Manual Type) (1) TYPE OF SIGN: freestanding 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 and all documents shall be submitted to the Building Official. F. 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: freestanding or monument HEIGHT: Twelve (12) feet for freestanding; six (6) feet for attached AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: One (1) sign per public entrance slake\si9n.2nc{(110191) -13- //p,� Vef (3) WALL PLAQUE TYPE OF SIGN: Attached HEIGHT: Cannot project above top of wall AREA: Thirty-two (32) square feet SETBACK: Must meet sign triangle requirements NUMBER OF SIGNS: Two (2) signs per public entrance SEC. 18 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: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: 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 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 SIGN TYPE OF SIGN: Attached or freestanding HEIGHT: Not above roofline for attached; fifteen (15) feet for freestanding AREA: Fifty (50) square feet SETBACK: Fifteen (15) feet from right-of-way NUMBER OF SIGNS: Four (4) total PLACEMENT TIME: May be placed thirty (30) days before the event or occasion commences but must be removed within slake\sign.2nd(110191) -14- / yi three (3) days after termination thereof SEC. 19 TEMPORARY SIGNS EXEMPT FROM PERMIT A permit shall not be required for the following signs: T TT I T TI T1TRL+!'•fT7Tl1N T f•T/^1TC CT ypE ALA CT T. and Trr�. 'G �Lvuaau Sl��'IT� 1 e'IIZ T AREA* -3 S TDT7tG2' fifteen (15' feet t t efa R.G.W. TIME!?RR4BER OF- SIGNS fifty (5G) per stibut PLAGEMENT Mendal Af POLITICAL SIGNS TYPE OF SIGN: ground HEIGHT: four (4) feet AREA: six (6) square feet SETBACK: fifteen (15) feet from R.O.W. NUMBER OF SIGNS: unlimited PLACEMENT TIME: may be placed forty-five (45) days before an election, but shall be removed within three (3) days after such election. B. CONSTRUCTION/SUBDIVISION DEVELOPMENT SIGNS 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 ; subdivision development - one (1) per subdivision C. 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 slake\sign.2nd(110191) -15- D. 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 (16) 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 E. SIGNS PLACED INSIDE WINDOWS Window signs are permitted, provided such signage does not obscure more than fifty percent (50%) of the total window area. rjE-E— •'-o--opEc1 7n Rr-! -U rmTni;q rn sEA$13E-- Tv ^--Q z—nrrciz Si ni 01 iT iwr�Mirp p • OTT T OnTn�C` _ ��..t inanee cenferm tet he Of 3-- of this e-d effie . 1 • —Ifet:fflYt i137 defined i ,.a �t ti . dr a eerrid1' SPAel?i «�u res l dwelling er PtibliePark- - tL. b 1 1 t __rd� j and tr / , supperts, / o ef the / -feet. slake\sign.2nd(110191) -16- appreaeltinEj traffic. (3) The area shall be the smallest sei-aare, / trele, whieh will encompass the ee / SidE , .. in 11;;11 type eenatruetien with net mere ti i1 structure �a e��` r c u S / / ineittdiRg side by side. TTL�P • / raeasured € ems- h e- h-i- -p a�—eT =P-� g r-i✓e � r viewed. least 14—feet ..weye ruder T T TZ"�jQP T�1 p f Z S V i $-vZ i rrnc�i s ran S!G?i SIG?'& TYPE OF SIGN: iia THE T1G 7T. T, F�-...�.... /1 SJ fee AREA `' �`-"�- e ether off premise stlbd4:Y4:9�all -:I SEC. 20 EXEMPT SIGNS The following signs are exempted from the requirements of this ordinance: (1) Signs on vehicles 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. No person shall attach any sign to a trailer, skid, or similar slake%sign.2nd(110191) "17- //A- y'? 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. (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. 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 prurient 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. " 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 slake\sign.2nd(110191) -18- of, or be confused with any authorized traffic sin, 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 by 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. H. PORTABLE SIGNS 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 sign. Permit shall be issued for one thirty (30) day period with at least ninety (90) days separation between permits. slake\sign.2nd(110191) '19" / _ 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. SEC. 22 NONCONFORMING EXISTING SIGNS All signs that are lawfully in existence on the date of adoption of this ordinance may 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. slake\sign.2nd(110191) -20 //� �/ SEC. 23 SIGN COPY 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. 24 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 more than Five Hundred Dollars ($500. 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. slake\sign.2nd(110191) -21- //R- jf^ City of Southlake,Texas OP CITY OF SOUTHLAKE, TEXAS kW, REGULAR CITY COUNCIL MEETING: NOVEMBER 5, 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) 2 ( j ) . 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 15, 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 . Consider:A. Award of bid for Mid-Size Pick Up Truck for Public Works Department. REGULAR AGENDA 6 . A. Public Appearance: Richard Allen, in regards to the Southlake Volunteer Fire Department. B. Public Forum. Cre I City of Southlake,Texas Cr City Council Agenda November 5, 1991 I page two 7 . Consider: Ordinances, second reading and related items . A. Ordinance No. 545, 2nd reading. Relating to Burning Permits. Public Hearing. B. Ordinance No. 547, 2nd reading. T.M.R.S. Updated Service Credits on an annual basis . Public Hearing. IC. Ordinance No. 548, 2nd reading. T.M.R.S. Providing for increased municipal contributions . 8 . Consider: Ordinances, first reading and related items . A. ZA 91-59, Final plat of SouthRidge Lakes, Phase IV, Sections One and Two. Section One is legally described as 25 .474 acres out of the A.A. Freeman Survey, Abstract No.522 . Section Two is legally described as 6 . 64 acres out of the L.B.G. Hall Survey, Abstract No. 686 . Section One proposes 41 lots and is located North of Phase III, tre' East of the J.W. Sullivan tract and South of the Fred Joyce Property. Section Two proposes 11 lots and is located North and East of Phase II and West of the Belgium American property. I Owner/Applicant: Arvida/JMB Partners, L.P. -II . B. Ordinance No. 544, 1st reading. Landscape. 1 9 . Consider: Resolutions A. Resolution No. 91-44 , Request for variance to Masonry I ordinance for Timarron Addition. Public Hearing. 10 . Other items for consideration. I A. Interlocal agreement between the City of Southlake and Tarrant County Health Department for food service and Ipublic swimming pool sanitation program. B. Voting for members of the Board of Directors of Tarrant Appraisal District. (16r C City of Southlake,Texas Lor City Council Agenda 1991 page three 11 . Other items for discussion. A. Sign Ordinance. 12 . Meeting Adjourned. I I E I I hereby certify that the above agenda was posted on the official fir" bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, November 1, 1991, at 5 : 00 p.m. , pursuant to the Open Meetings Act, Article 6252-17 V.T.A.S. /4/f/A 41//zez ,z Zz5. •,‘•• ./re andra L. LeGrand `� City Secretary =� : ''q,*ii tau►*o0.``� I I I C City of South lake,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) . 11 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. DEPLOYMENT OF SECURITY PERSONNEL- Section 2 ( j ) Regarding the deployment or specific occasions for implementation, of security personnel or devices. 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. (1%., SLL 11/01/91 C C CITY OF SOUTHLAKE 667 N. Carroll Avenue REGULAR CITY COUNCIL MEETING November 5, 1991 7 : 00 p.m. MINUTES COUNCILMEMBERS PRESENT: Mayor, Gary Fickes; Mayor Pro Tem, Rick Wilhelm; Deputy Mayor Pro Tem Sally Hall . Members : Barry Emerson, Jerry Farrier and W. Ralph Evans. COUNCILMEMBER ABSENT: Mike O'Brien CITY STAFF PRESENT: Curtis E. Hawk, City Manager; Billy Campbell, Director of Public Safety; Michael Barnes, Director of Public Works; LouAnn Heath, Director of Finance; Chris Terry, Assistant to the City Manager; Greg Last, City Planner; Karen Gandy, Zoning Administrator; Eddie Cheatham, City Engineer; Malcolm Jackson, Deputy Directof of Public Safety; Wayne K. 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 agenda. Mayor Gary Fickes called the 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) 2 ( j ) of the Open Meetings Act, to seek the advice 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 and regarding the deployment or specific occasions for implementation, of security personnel or devices . Council went into executive session at 7 : 05 p.m. Council returned to Open Session at 7 : 35 p.m. Agenda Item 1-C, Action necessary/Executive Session No action was taken during the executive session in regard to pending or contemplated litigation, purchase, exchange, lease or sale of real property, or appointment and evaluation of public officials, or deployment or specific occasions for implementation of security personnel or devices . C C I r City Council Meeting Minutes illimir November 5, 1991 page two Agenda Item #2, Approval of Minutes Motion was made and approval given to the Minutes of the City Council meeting held on October 15, 1991 . Motion: Wilhelm Second: Evans Ayes : Wilhelm, Evans, Hall, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote Agenda Item #3, Mayor' s Report Mayor Gary Fickes noted he received a letter of resignation from Patty McCarty on the Planning and Zoning Commission. He asked the City Secretary to place an item on the next agenda for appointment to that board. Deputy Mayor Pro Tem Sally Hall reported on the process being made at Teen Court, stating several from the committee will be attending a Teen Court Conference in Bedford and their should be a report from the group in the near future. In February, representatives iill' from the Teen Court Advisory Committee will be presenting a skit before the P.T.O. Agenda Item #4, City Manager' s Report The City Manager, Curtis Hawk stated the Keep Amercia Beautiful organization has been meeting and a formal application to the program has been forwarded as directed by Council at the last meeting. Agenda Item #5, Consent Agenda The consent agenda was approved as presented, with the following being considered: 5-A. Award of bid for Mid-size pick up truck for the Public Works Department. Motion: Wilhelm Second: Emerson Ayes : Wilhelm, Emerson, Hall, Farrier, Evans, Fickes Nays : None Approved: 6-0 vote r L I C C r City Council Meeting Minutes November 5, 1991 page three Agenda Item #6, Public Forum 6-A, Public Appearance by Richard Allen, 1613 Mockingbird Lane, Southlake. Mr. Allen expressed that he has been a member of the Southlake Volunteer Fire Department for five (5) years . He stated li he is President Elect of the SVFD and present to speak for quality fire services . In Southlake the Fire and Police were separate until October 1990 . He stated the Department feels it is in the best interest of the City to have separate departments with a IE separate Fire Chief and Police Chief. He alleged the firefighters are currently under the supervision of an unqualified supervisor. E Allen referenced: an accident in Highland Park; higher insurance rates under the DPS system; and the fact that the department wants an ordinance for each department with each department having their own chiefs . Mike Thompson, 250 Pine Drive, Southlake. Mr. Thompson is currently employed with the City of Grapevine Fire Department. He stated it has been brought to his attention that the Southlake paid firefighters have been put on fifteen ( 15) hour days . He wants the best medical and fire safety for his family. Men cannot function at 2 : 00 a.m. after working fifteen ( 15) hour days . How free is their free time? His tax dollars go to the City and he wants top dollar service. Mike Totin, 919 Emerald Blvd. , Southlake. He is a Volunteer Firefighter for Southlake. He stated he feels the elected officials should admit that the DPS Program is a mistake. He referenced several areas where the concept was scrapped. He suggested it is a "trip" comparing Southlake with DFW Airport. Tony Gutierrez, 1225 Timberline Court, Southlake. Mr. Gutierrez is a Southlake Volunteer Firemen. He read from a fire magazine, the difference in training for fire and police officers. He asked Council to reconsider the DPS program. Chris Moore, 675 Cherry Lane, Southlake. Mr. Moore is a Southlake Volunteer Firemen. He shared a list of items the volunteers have purchased with their funds, adding, the Volunteers have come a long way. He stated the City now has six (6) volunteer E.M.T. Officers, and before long, there will be twelve ( 12) volunteer E.M.T. ll Officers. He explained the problems he sees with a "DPS" Officer on the fire scene. He stated the department has no Fire Chief or Assistant Fire Chief, the moral is low and they are in need of training. Since this is Public Safety, it is the public who will pay. Law, I C City Council Meeting Minutes November 5, 1991 likire page four Agenda Item #6, Continued Rexenne Allen, 1613 Mockingbird Lane, Southlake. Mrs . Allen is a Southlake Volunteer Firefighter. She stated, we are an excellent Fire Department, both volunteer and paid. She stated many of the men have grown up in Southlake and have gone to schools here. They have taken the responsibility to make this a good organization. They want it back where it was. She asked Council, to not subject our citizens to higher insurance rates . Keep our Police Department "pure" with a single task, and not rob them of their identity and their pride. Don't rob our citizens of service. Scott Rudduck, 217 Lilac Lane, Southlake. Mr. Rudduck is a Southlake Volunteer Firefighter. He stated, a community needs police and fire services . He read an opinion from the National Fire Protection Association. He alleged men with divided responsibilities cannot do an adequate job. Vick Ashcraft, 1201 Emerald, Southlake. He is not a Volunteer Fireman, however, he has served as a professional fireman in three (3) Volunteer Fire Departments in Little Rock, Arkansas . The DPS System is not working, nor has it worked in other Fire Departments in the area. ie.' Barbara Rudduck, 217 Lilac Lane, Southlake. She is the Mother of Scott Rudduck, a volunteer fireman. She told a story about her son, Scott, and how devoted he is to the Southlake Fire Department, no matter what the conditions . Mayor Fickes commented on how much the City Council appreciates the Fire Department in Southlake. Fire and Police are the most expensive departments in a city and because of the growth and rural-low density, taxes are a problem. Southlake is the 3rd largest city in Tarrant County. We must have the best service at the lowest possible cost to the tax payer. The City Council was told mandatory cross-training did not work. We must have our volunteers . The City Council recognizes a system that will work, I it will take years to implement and will not be done overnight. At that time, we would hire DPS Officers who are already trained. City Council felt this would be a system that would work well, at the least cost to the tax payers . One year ago, the system was brought in on an administrative level . C L I I City Council Meeting Minutes t,; November 5, 1991 Now page five IAgenda Item #6, Continued Mayor Pro Tem Rick Wilhelm stated he met with the board last night and training was the most concern. He stated the City will provide the training to those volunteers who want it. We must have trained volunteers to back up the paid people. The City must stand behind the volunteers . He stated he enjoyed meeting with each of the men and talking about the By-Laws of the group. Mike Totin, 919 Emerald, Southlake. Mr. Totin stated they were told they would not get more paid firefighters, that the new men would be Public Safety Officers . Director Billy Campbell explained there has been absolutely no talk in the administration about hiring Public Safety Officers at this point and juncture. P.S.O. ' s would be established when we attain the things the Mayor said, as far as minimum standards . He does not feel it is for him to say. He feels the minimum standards should be set at a time the volunteers can reach them. His only concern is that they not put a volunteer in a position that he I cannot respond to from a safety standpoint or a life safety standpoint for his self or someone else. We are not going to come in and say, the next person hired will be ili- P.S.O. This is a budget item and it is not there. Campbell added, when they talk about minimum staffing, they are talking about minimum staffing of the paid men and not the volunteers . IMayor Fickes stated if one person per shift is hired, it will be four (4) new men. It will cost approximately 4 cents on the tax I role in order to hire one person. That is why the volunteer system is essential in this city, and this Council realizes this . I The City will wait ninety (90) days to hire a Fire Chief. We have someone serving in this capacity until that time. City Manager, Curtis Hawk addressed working hours of the paid men. I Until today, he did not know what the perception was about the hours of the paid men. The paid personnel are working ten ( 10) hours per day. On paper, they are working a twelve ( 12) hour I shift, which is what they are getting paid to do. They work a twenty-four (24) hour shift, two (2) , twelve( 12) hour days. Take out two (2) hours for lunch and dinner, an hour for physical training and two (2) hours for free time. He does not feel it is onerous and he does not think they think it is onerous . It is just different. rHawk feels the Acting Deputy Director is qualified to over see the fire services, and with the three (3) shift lieutenants, he feels we will make it through until we have a Fire Chief. I I I r City Council Meeting Minutes Lr November 5, 1991 page six Agenda Item #6, Continued Councilmember Barry Emerson commented, he finds it strange that this problem has grown relatively quickly for something that happened one and one-half years ago. He agreed we need the volunteers . There must be rules and the Volunteer Fire Department ' I must follow the rules. We do have an ordinance, in regards to Volunteer Firemen, however, it has not been enforced since it was approved in 1966 . Mayor Fickes suggested a couple of Councilmembers meet with the Volunteers to try and work out the misconceptions . Fickes stated, the Volunteers give of their time and money and in instances throughout this country, they have given their lives. They must realize when they are out on a fire, they are representing the city. In today's world of litigation, the city is liable for everything they do. If the city does not have proper documentation that the volunteers are properly training, the city is liable. It is essential, when they are representing the city as a volunteer, that the city gives them the proper training. Councilmember Sally Hall stated in response to Mike Totin's comments in regards to proper ordinances and fire codes . She ii'l stated she has spend a year and one-half working with upgrading the Fire Codes in the City. She reference the Fina, Conoco, and I Diamond Shamrock fuel terminals . We now have a mowing ordinance, and a Court of Record, which is necessary to enforce the Codes, where the citations cannot be appealed to Tarrant County. Shake Shingles have also been addressed in an ordinance. CTom Snyder, President of the Volunteer Fire Department. The Volunteers are not fighting the City, they are here fighting for I their department. They have special needs, they are not properly trained, they need special training. They are afraid, and their moral is bad. If the City brakes the moral of the Volunteers, it I will cost the city a lot of money. Mayor Fickes stated he would like to see the City stay with the Department of Public Safety System for awhile, give it a good try. IChris Moore stated Don Wilson was the best person in support of the system. He stated the City is about to loose about eight (8) paid firemen if things don't change. He feels the problems have been sheltered from the City Council by the Administration. r L CI L I Cre City Council Meeting Minutes November 5, 1991 page seven Agenda Item #6, Continued Wayne Malouf, Attorney in Dallas. He stated he does not reside in Southlake but has been asked by members of the Fire Department to check on two things : 1) If the DPS System went through, what could be done legally, if the City Council decided to go through with it; 2) If something were organized, could City Employees be involved, as far as citizens organizations, without retaliation or job discrimination. Mr. Malouf feels it would go along way if the personnel were reassured they would not be discriminated against for this activity. Mayor Fickes stated he would be more than happy to meet with the Volunteers and paid staff. Councilmembers Wilhelm and Emerson also volunteered to meet. Mrs . Gutierrez, Tony' s mother noted how much her son loves the Volunteer Fire Department. Rudy Fernandez, 1430 Brumlow Avenue, Southlake. Mr. Fernandez is a citizen of Southlake and a current Lieutenant and nineteen year veteran of the Dallas Fire Department. He is concerned that the 'i City of Southlake is leaning toward a Department of Public Safety. He stated he hopes and prays for the sake and lives of the citizens of Southlake that this is not true. He appreciates that this may be budgetary good intentions . He hopes that this is not a power seeking play by a public official . He asked what level of risk is the City willing to accept. This may have been a good measure ten to thirty years ago, this would be a step backwards today with all the expensive construction going up in Southlake. If the citizens were smart, they would sue the city for going this direction when they have the option to specialize. Police and Fire Departments do not want it and it is horrible for moral . In summary, it might be cost efficient in the short run, but a whole lot less fire and hazard safety effective in the long run. The Fire Department needs a Fire Chief and a Police Department needs a Police Chief. Don Wilson, Southlake. Mr. Wilson, former Fire Chief, informed the Mayor and Council the incidents surrounding his resignation on October 21, 1991 . He stated he has been a sponsor of the Public Safety Program since his becoming an employee of Southlake. He stated he was told that they would have minimum maned Fire and Police before they would have public safety officers . He read from a memo dated August 6, 1991, signed by Director Billy Campbell . C City Council Meeting, Minutes November 5, 1991 page eight Agenda Item #6, Continued Richard Allen stated all he hears from the Council is "dollars"; all he hears from the men is "lives" . Agenda Item #7-A, Ordinance No. 545, 2nd reading. Burning Permits Ordinance No. 545 is an ordinance relating to Burning Permit. Director of Public Safety presented the ordinance for 2nd reading, stating, Section #6, has been omitted, as instructed by Council, as the issue is covered in the Uniform Fire Code. The public hearing resulted with no comments . Motion was made to approve the 2nd reading of Ordinance No. 545 as presented. Motion: Wilhelm Second: Hall Mayor Fickes read the caption of the ordinance. Ayes: Wilhelm, Hall, Emerson, Farrier, Evans, Fickes Nays: None Approved: 6-0 vote Agenda Item #7-B, Ordinance No. 547, 2nd reading. T.M.L. Ordinance No. 547, 2nd reading was presented. The Finance Director presented the second reading of an ordinance that provides for an automatic annual updating of service credits and annuity increases . 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 updates based upon the higher wages earned in more recent years . Motion was made to approve the 2nd reading of Ordinance No. 547 . Motion: Emerson Second: Wilhelm Mayor Fickes read the caption of Ordinance No. 547 . Ayes : Emerson, Wilhelm, Hall, Farrier, Evans, Fickes Nays: None Approved: 6-0 vote C City Council Meeting Minutes Cr November 5, 1991 page nine Agenda Item #7-C, Ordinance No. 548, 2nd reading T.M.R.S. Ordinance No. 548, 2nd reading was presented, as 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 C 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 . Motion was made to approve Ordinance No. 548, 2nd reading. Motion: Wilhelm Second: Emerson Mayor Fickes read the caption of the ordinance. Ayes : Wilhelm, Emerson, Evans, Farrier, Hall, Fickes Nays: None Approved: 6-0 vote C Agenda Item #8-A, ZA 91-59, Final Plat of SouthRidge Lakes, Phase IV iiiThe final plat of SouthRidge Lakes, Phase IV, Sections one and Two '' was discussed. Section One is legally described as 25 .474 acres out of the A. .A. Freeman Survey, Abstract No. 522, and Section Two is described as being 6 . 64 acres out of the L.B.G. Hall Survey, Abstract No. 686 . Section One proposed 41 lots and is located North of Phase III, East of the J.W. Sullivan tract and South of the Fred Joyce Property. Section Two proposes 11 lots and is C located North and East of Phase II and West of the Belgium American Property. Owner/Applicant is Arvida/JMB Partners, L.P. II . C Karen Gandy, Zoning Administrator, commented that on October 17, 1991, the Planning and Zoning Commission recommended approval of the final plat by a 6-0-1 vote, contingent upon the October 11, 1991 staff summary review letter. The November 1, 1991 staff summary review letter is presented and a copy is hereby incorporated into the Minutes of the meeting. Sean Randol, Arvida, was present to answer questions for Council . Mayor Pro Tem Wilhelm commented in regard to several lots, and C whether or not they will be buildable. The lots include 83, 86 and 87, all fronting on Pecos . Mr. Randol stated they are buildable. In regards to the informational comments concerning 125 ' lot widths F on lots 70-73 of Block 1, Mr. Wilhelm stated that Council needs to be consistent, this ordinance was not in place until after the lilmir preliminary plat was approved. He feels it is not fair to go back and make them comply with new ordinances . I C City Council Meeting Minutes Cie November 5, 1991 page ten ICAgenda Item #8-A, Continued Councilmember Jerry Farrier stated he feels this particular developer is willing to accept the changes when they are in his benefit, and unwilling to make the changes when they tend to go against his plan. This is his level of consistency, as was ruled in Myers Meadows. He feels Arvida tried to cram too many lots in a small area. He does not feel we have the necessity to grant the request. Motion was made to approve the final plat of SouthRidge Lakes, Phase IV, Sections One and Two, subject to the staff summary review letter dated November 1, 1991, items, 1,3,4, & 6 . Motion: Wilhelm Second: Evans Ayes : Wilhelm, Evans, Hall, Emerson, Fickes I Nays : Farrier Approved: 5-1 vote Mayor Fickes stated to the developer, on the next go-around, he needs to take into consideration the request for variances . iiii'''' Council adjourned to recess at 10: 00 p.m. Council returned to open session at 10 :20 p.m. Mayor Fickes stepped out of the meeting Agenda Item #8-B, Landscape Ordinance No. 544 , 1st reading. The proposed Landscape Ordinance No. 544 was discussed. Greg Last, City Planner explained several typical designs for Council . Mr. Last is to work on several sections, including: An industrial I site; TNB building; and, Funds vs Landscaping. He will present the revised ordinance during the next City Council meeting. Motion was made to table the 1st reading of Ordinance No. 544, to November 19, 1991. Motion: Evans Second: Emerson I Ayes : Evans, Emerson, Wilhelm Nays : Farrier, Hall Approved: 3-2 (to table) IMayor Fickes returned to the meeting. f r L I I L City Council Meeting Minutes Le. November 5, 1991 page eleven Agenda Item #9-A, Resolution No. 91-44, Request for Variance to Masonry, for Timarron Motion was made to table Resolution No. 91-44, request for variance to the masonry ordinance for Timarron Addition, at the request of the developers, until the November 19, 1991 City Council meeting. Motion: Emerson Second: Evans I Ayes: Emerson, Evans, Hall, Wilhelm, Farrier, Fickes Nays : None Approved: 6-0 vote (to table) IAgenda Item #10-A, Interlocal Agreement for Tarrant County Health Department for Food Service and Public Swimming Pools The renewal of the Interlocal agreement between the City of Southlake and Tarrant County Health Department for food service and public swimming pool sanitation program was discussed. Motion was made to approve the renewal of the agreement with iii- Tarrant County Health Department as presented. Motion Wilhelm Second: Evans Ayes : Wilhelm, Evans, Farrier, Emerson, Hall, Fickes Nays : None Approved: 6-0 vote Agenda Item #10-B, Voting for Board of Directors of TAD Mayor Fickes explained that Item #10-B, consists of Council voting for their choice of board of directors for the Tarrant Appraisal District. He noted that David Johnson, a Grapevine resident also serves on the Keller City Council . It was determined that Southlake has a total of 15 votes, which may be placed for one 11 candidate or divided however Council wishes . Motion was made to place all 15 votes from the City of Southlake for David Johnson, for a place on the Board of Directors of TAD. Motion: Wilhelm Second: Hall Ayes: Wilhelm, Hall, Evans, Emerson, Farrier, Fickes Nays : None Approved: 6-0 vote r L L I City Council Meeting Minutes Care November 5, 1991 page twelve Agenda Item #11-A, Discussion: Sign Ordinance Code, Enforcement Officer, Eddie Wilson, was present to present to Council the revised Sign ordinance. He reviewed for Council the following items : Section 15, A (2) Attached Sign: changing maximum letter/logo height from 48 inches to 36 inches . Section 18, B, Balloons and Other Floating Devices Maximum height from 200 feet to 100 feet to end of tether line ( from ground to top of balloon) . Hot Air Balloons, must be licensed by FAA and must have a licensed driver. Section 19, Temporary Signs Eddie Wilson is to check with other cities in regards to temporary signs . The City Attorney, Wayne Olson, recommended Council not allow signs in right of way. Section 20, A. Billboards Council agreed upon 15- square foot signs, except for multipurpose signs. Agenda Item #12, Adjournment Motion was made to adjourn the meeting. Motion: Evans Second: Farrier Ayes : Evans, Farrier, Emerson, Hall, Wilhelm, Fickes Nays: None Approved: 6-0 vote yor Gary F' kes ATT ST: Aiii/Ad andra L. LeGrand ZA14-66).i r' 4:4.0 City Secretary :I : A ;C,_ Z. \�. pl* C C City of South lake,Texas MEMORANDUM October 15, 1991 TO: MAYOR GARY FICKES AND COUNCILMEMBERS FROM: COUNCILMEMBER MIKE O'BRIEN SUBJECT: Absence from City Council Meeting 11/5/91 C I will be absent from the November 5, 1991 City Council meeting as I will be out of the Country. Please excuse my absence. Mi a O'Brien