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1972-08-15 A G E N D A REGULAR CITY COUNCIL MEETING SOUTHLAKE, TEXAS AUGUST 15, 1972 I. Planning & Zoning Rdcommendation for approval of request to A-3 on land described in ZA-72-6. II. Budget for 1972-73 presented to the Council and filed with the City Secretary. Public Hearing on same set for 8/29/72, 7:30 P.M. III. City Matters: A. Bills approved for payment. I~ B. Jazbo Ordinance .Discussion. Oto ld/-~/3J C. Ordinance No. 189-Southwestern Bell Franchise 126 CITY OF SOUTHLAKE, TEXAS REGULAR MEETING OF THE CITY COUNCIL AUGUST 15, 1972 The ity Council of the City of Southlake met in regular session in the Council Chamber of City Hall in Southlake, Texas, on Tues- day, August 15, 1972, with the following members present: Wade Booker, Mayor Billy Joe Knox, Councilman W. 0. Nunn, Councilman R. D. Drummond, Councilman Frank Tetrault, Councilman Absent: Ralph Polson, Councilman Also present: William D. Campbell, City Attorney The meeting was called to order by Mayor Booker at 7:40 p.m. The invocation was given by Councilman Nunn. The minutes of the last regular meeting were approved as read. Fire Chief Bob Steele spoke to the Council about a proposal from Tarrant County Commissioners Court regarding salary funding of a training officer by a donation of $80 from the different depart- ments and a $200 cut in the Tarrant County contribution to the individual departments which is to be voted upon at the August 20th meeting. The Mayor requested the Council to attend if possible and that he would write to Commissioner Lewis in the meantime, as well as Mason Lankford expressing a negative view of this means of retaining the training officer. Solid Waste Franchise proposal by Mr. Hall was discussed. Mr. Ha was advised by the Council that the City would not be in- terested at this time in such a proposal. However, the Mayor informed Mr. Hall he would be glad to give his business a re- commendation for finance purposes if needed. ZA-72-6: Planning & Zoning Commission recommendation for approval of the request for A-3 Residential zoning on land described therein was read to the Council. A public hearing on same was set for September 19, 1972, at 7:30 p.m. 1972-73 Budget was presented to the Council by the Mayor and, one copy was filed with the City Secretary. The public hearing on same was set for August 29, 1972, at 7:30 p.m. Councilman Knox moved that the bills presented be approved for • payment; seconded by Councilman Nunn. Motion carried unanimously. H. 127 JAZBO Ordinance No. 161-43 was next discussed. Councilman Drummond move that Or i.nance No. 161-43 be passed and approved adopting the Joint Airport Zoning Board Ordinance by reference pertaining to height regulations in relation to the Regional Airport and appointing the City of Southlake Planning & Zoning Commission as regulatory and enfor,6ment agency in the City of Southlake; seconded by Councilman Knox. Motion carried unani- mously. (Attached hereto and made a part hereof.) ORDINANCE NO. 189, granting a franchise to Southwestern Bell Tee one Company to operate its business within the corporate limits of the City of Southlake, was passed and approved on motion by Councilman Knox; seconded by Councilman Nunn. Motion carried unanimously. (Attached hereto and made a part hereof.) Mayor Booker read a letter of resignation from Councilman Ralph Polson who also served as Mayor Pro Tem. (Attached hereto.) 1 The Council regretfully accepted his resignation. Councilman Knox then moved that a new member be appointed by the Council to fill the unexpired term of office; seconded by Councilman Nunn. Motion carried unanimously. Mayor Booker asked that the new member be approved and appointed at the next council meet- ing# and that Councilman Knox temporarily serve as Mayor Pro Tem. There being no further business, the meeting adjourned. ATTEST: Mayor city secretary f IL Council Mtg. 8/15/72-Page 2 128 CITY OF SOUTHLAKE, ' PLANNING AND ZONING COMMISSION August 9, 1972 TO: City of Southlake City Council Hon. Mayor and Councilmen: Re: ZA-72-6 The Planning & Zoning Commission met in regular session August 8, 1972, and unanimously agreed to recommend approval of a change in zoning to A-3 on land described in said appli- cation, owned by the Townhouse Development Company, on motion by Gail Hargadine; seconded by Nate Hight. The plat pertaining to the above property for a subdivision to be known as "Summerplace Addition" was recommended for preliminary approval contingent upon the following revisions and/or conditions agreed to by the Developer: ' a. Conformance to the City's Subdivision ordinance. b. Furnishing Carter & Burgess with a revised ' drainage analysis. c. Plat the reserved tracts as lots. d. Provide additional R-O-W for the perimeter road in conformance with the Thoroughfatez Plan. on motion by C. M. Gordon; seconded by Bob Mussina and un- aximously agreed to by the Commission. ' Present for the Commission: Elizabeth Stickley, Acting Chairman ' Nate Hight James Harrell Manuel Gonzalez Gail Hargadine C. M. Gordon Bob Mussina (arriving late) ORDINANCE tt3. 161- 3 r AN ORDINANCE AMENDING ORDINANCE NO. 161 OF THE CITY OF SOUTHLAKE, TEXAS BY AOOPTIMS 44D INCORPORATING BY REFERENCE ORDINANCE NO. 71-100 ADOPTED BY THE JOINT AIRPORT ZONING BOARD OF THE DALLAS-FORT WORTH REGIONAL AIRPORT OR DECEMBER 1.60.5711 ORDINANCE $0. 71-100 BEING KNOWN AS THE *AIRPORT . ZONING ORDINANCE OF THE DALLAS-FORT WORTH REGIONAL AIRPORT? RIGUL.ATIN'S AND RESTRICTING THE HEIGHT OF STRUCTURE'S AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE RESTRICTING THE t#SE Of PROPERTY ON AND IN THE VICINITY OF THE DALLAS-FORT WORTH RESIDUAL AIRPORT; BY ESTABLISHING AIRPORT ZONES, TRANSITION ZONES, HORIZONTAL ZONES, AND CONICAL ZONESt AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR AMENDMENTS OR CHANGES iii THE RESTRICTIONS AND BOUROARIES OF SUCH ZONES. DEFINING . CERTAIN TERMS USED HEREIN; REFERRING TO THE. OA NS- FORT WORTH REGt0N 4L ' T,,RP0RT ZONING HAP W141CH IS INCORPORATED HEREIN AI:NO MADE A PART OF THIS OROIKAAtCE;PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; PROVIDINS FOR JUDICIAL REVIEW; IMPOSING PENALTIES; PROVIDING FOR AN EFFECTIVE €kATE,I. AN13 PR€IYIDING FOR CONTROLLING INSTRUMENT IN EVENT OF CONFLICTS.. BE IT ORDIINEO NY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TESAS. STI H 1. That said Ordinance 71-100, known and cited as 'Airport Zoning Ordinance of the Dallas-Fort Worth Regional Airport' approved and adopted by the Joint Airport Zoning Board of the Dallas- Fort Worth Regional Airport on Oec*%ber* 16, 1871, be and said Airport Zoning Ordinance attached hereto as Exhibit *A* is hereby adopted and incorporated by reference and made a Rrt of Ordinance 161 of the City of Southlake. Texas, as amended. aECTION 2. The Planning and Zoning Coauaission of the City of Sou thlake, Texas, is hereby designated and established as the administrative agency to administer and enforce such ordinance within the applicable Jurisdiction of the City of Southlake and the Hu ipal Court of the City of Southlake, Texas, behg designa ed as the judicial body with jurisdiction for violations thereof. SECTION 3. If any of the provisions of this amending ordinance are in conflict with Ordinance 161 of the City of Southlake, Texas as previously amended, then the specific provisions of this said amending ordinance shall govern and prevail. I SECTION 4* The said Ordinance No 16% except as *mended by prior amendment and this Ordinance No. 161--.g remains in effect in all other respects as originally passed. This ordinance $ball ,take effect after it passage and any publication or posting, if any. as required by law. PASSED this dey of '.........19 Kaye r. ATTEST City cre ary APPROVED TO fORM City tterr0* ORDINANCE NO. 71 - 100 AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE RESTRICTING THE USE OF PROP- ERTY ON AND IN THE VICINITY OF THE DALLAS-FORT WORTH REGIONAL AIRPORT: BY ESTABLISHING AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONES, AND CONICAL ZONES, AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR AMENDMENTS OR CHANGES IN THE RESTRICTIONS AND BOUNDA- RIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE DALLAS-FORT WORTH REGIONAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTAB- LISHING A BOARD OF ADJUSTMENT; PROVIDING FOR JUDICIAL REVIEW, AND IMPOSING PENALTIES. This ordinance is adopted pursuant to the authority conferred by the Airport Zoning Act, Article 46e, V.A.C. S., as amended by all subsequent legislation. It is hereby found that an airport hazard endangers the lives and property of users of the Dallas-Fort Worth Regional N Airport and occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of air- craft, thus tending to destroy or impair the utility of the Dallas-Fort Worth Regional Airport and the public investment therein. Accordingly, it is declared: (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Dallas-Fort Worth Regional Airport; (2) that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport haz- ards be prevented; and, (3) that the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interest in land. BE IT ORDAINED BY THE JOINT AIRPORT ZONING BOARD OF THE DALLAS-FORT WORTH REFIONAL AIRPORT LOCATED IN DALLAS AND TARRANT COUNTIES AS FOLLOWS: SECTION I: SHORE TITLE This ordinance shall be known and may be cited as the "Airport Zoning Ordinance of the Dallas- Fort Worth Regional Airport." SECTION ll: DEFINITIONS (1) ADMINISTRATIVE AGENCIES means those agencies which have the responsibility for the administration and enforcement of this ordinance. (2) AIRPORT means the Dallas-Fort Worth Regional Airport, located in Dallas and Tarrant Counties, Texas. (3) AIRPORT ELEVATION means the established elevation of the highest point on the usable landing area, said elevation being 606 feet above mean sea level. 1 (4) AIRPORT HAZARD means any structure, tree, installation, electronic and/or visual interference, or use of land or water which obstructs the airspace required for the flight of aircraft in landing or taking-off at the airport or is otherwise hazardous to such landing or taking-off of aircraft. (5) AIRPORT HAZARD AREA means any area of land or waterunder the imaginary surfaces as defined in Section IV upon which an airport hazard might be established if not pre- vented as provided in these regulations. (6) AIRPORT ZONE means the space between the earth's surface and the imaginary surfaces as defined in Section IV. (7) BOARD OF ADJUSTMENT means a board consisting of 5 members appointed by the Joint Airport Zoning Board as provided by Texas State Law, specifically Vernon's Annotated Civil Statutes, Article 46e - 10. (8) HEIGHT - for the purpose of determining the height limits in all zones set forth in this ordinance and shown on the Zoning Map, the datum shall be measured in mean sea level elevation unless otherwise specified. (9) INSTALLATION means any electronic or visual interference that is not included within the definition of "structure" or "free." (10) JOINT AIRPORT ZONING BOARD means a board having as members two (2) represent- atives appointed by each political subdivision participating in its creation and in addition a chairman elected by a majority of the members so appointed. (11) NON-CONFORMING USE means any structure, tree, or use of land which is lawfully in existence at the time the regulation is prescribed in the Ordinance or an amendment thereto becomes effective and does not then meet the requirement of said regulation. (12) PERSONS means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. (13) POLITICAL SUBDIVISION means any municipality, city, town, village or county. (14) RUNWAY means the paved surface of an airport designated for the landing and taking- off of aircraft. (15) STRUCTURE means an object permanent, or temporarily constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead trans- mission lines. (16) TREE means any object of natural growth. (17) ZONING MAP means "The Hazard Zoning Maps Of The Joint Airport Zoning Board ® For The Dallas-Fort Worth Regional Airport." 2 SECTION III: INCORPORATION OF HAZARD ZONING MAPS The Hazard Zoning Maps for the Dallas-fort Worth Regional Airport, prepared by the engineering and architectural firm of Ti ppetts-Abbett-McCarthy- Stratton, consisting of 20 pages and dated December, 1970, is hereby incorporated by reference and made a part hereof for all purposes. SECTION IV: IMAGINARY SURFACES I The following imaginary surfaces are established to implement the provisions of this ordinance. The dimensions, elevations above mean sea level, slopes and radii applicable to the imagin- ary surfaces shall be as shown on the Zoning Map. I (a) Primary Surface - A surface longitudinally centered on a runway, and extending beyond the ends of the runway. The elevation of any point on the primary sur- face is the same as the elevation of the nearest point on the runway centerline. (b) Horizontal Surface - A horizontal plane surface 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of speci- fied radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (c) Conical Surface - A surface extending outward and upward from the entire peri- meter, of the horizontal surface, at a specified slope and for a specified distance. (d) Approach Surface - A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface for a specified distance at a specified slope, and expands its horizontal dimen- sion uniformly to a specified width. (e) Transitional Surfaces - A surface extending outward and upward at right angles to the runway centerline and the runway centerline extended at a specified slope from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the conical surfaces extend a specified distance measured horizontally from the edge of the approach surface and at right angles to the runway centerline. SECTION V: HEIGHT LIMITATIONS Except as otherwise may be provided in these regulations, no structure, tree, or installation shall be erected, altered, allowed to grow, or be maintained within the Airport Hazard j Zoning Area which will be above the imaginary surfaces as established by and shown on the Zoning Map. SECTION VI: USE RESTRICTIONS Notwithstanding any other provision of these regulations, no use maybe made of land or water nor installation placed on land or water within the Airport Hazard Area that will cre- ate interference with radio communication between the Airport and Aircraft; or that will create interference with any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device; or that will result in glare in the eyes of flyers using the airport but this prohibition shall not include momentary glare or glare from vertical or downward reflecting windows or glass panels used in the construction of structures; or that will impair visibility in the vicinity of the airport, attract birds, or that will otherwise endanger the landing, taking-off or maneuvering of aircraft operating 3 through the facilities of the airport. No other airport or landing field shall be constructed within the airport hazard area. SECTION VII: EXISTING NON-CONFORMITIES Structures, trees or installations existing prior to the effective date of these regulations which do not conform to the requirements hereof shall be considered as legal non-conforming uses. These regulations shall not be construed to require the removal, lowering, change or alteration of any legal non-conforming use structure, tree or installation. A permit shall be required for a legal non-conforming use and shall be issued on application of the owner or agent accompanied by affidavit that the use, structure, tree or installation was in exist- ence on the effective date of these regulations. Applications for permits for non-conforming users shall be made within 180 days from the effective date of these regulations. SECTION V111: PERMITS REQUIRED Before any new structure or use which could be defined as an airport hazard under this ordinance may be constructed or established and before any such existing use or structure may be increased in height or otherwise altered, a permit to do so must be secured by the owner involved or his agent. All permit applications shall be made to the administrative agency having jurisdiction, or their designated representatives under Section XII hereof. In the event that any administrative agency issues a permit erroneously allowing the begin- ning of erection of any structure or tree, said permit shall not constitute a variance or be construed in any manner to allow any person to penetrate the imaginary surfaces established. I It will remain incumbent on the sponsor, builder, property owner or their agents, as the case may be, to prevent the creation of any object that will cause an airport hazard within the meaning of this ordinance. When said permits are requested for construction and/or alter- ation within the city limits of a municipality the administrative agency having jurisdiction shall be the municipality itself and the county administrative agency shall have no juris- diction within the city limits of municipalities. SECTION IV: NOTICE TO FEDERAL AVIATION ADMINISTRATION Nothing in these regulations shall be construed as relieving any owner, sponsor, or agent i from the requirement for filing a notice of proposed construction or alteration with the ap- propriate Federal Aviation Administration Authority. SECTION X: VARIANCES Any person desiring to erect any structure or increase the height of any structure, or permit I the growth of any tree, or otherwise use his property in violation of these regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regula- tions would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of these regulations; provided that any variances allowed shall be subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the ® purposes of these regulations. 4 SECTION XI: HAZARD MARKING AND LIGHTING Any permit granted under these regulations may, if such action is deemed advisable to effectuate the purposes of these regulations and reasonable in the circumstances, be so ' conditioned as to require the owner of the structure, tree or installation in question to permit the proper authority to install, operate and maintain thereon such markers and lights, as the Board may find necessary to indicate the presence of the Airport Hazard. SECTION XII: ADMINISTRATIVE AGENCIES t The administration and enforcement of all regulations adopted by the Joint Airport Zoning Board is vested in the governing bodies of each of the political sub-divisions represented on the Board, and who have adopted the regulations each respectively by ordinance. t Each political subdivision shall: (1) Establish its own administrative and enforcement agency; or (2) Designate another political sub-division to administer and enforce these regula- tions in its behalf; or (3) Request the Joint Airport Zoning Board to designate an agency to act in this capacity in its behalf. SECTION XIII: RULE OF PROCEDURE The Joint Airport Zoning Board shall adopt Rules of Procedure to govern its actions and to ® inform permit applicants and administrative agencies and officials of the procedures required in connection with issuance of permits. SECTION XIV: BOARD OF ADJUSTMENT (1) There is hereby created a Board of Adjustment to have and exercise the following powers: (a) To hear and decide appeals from any order, requirement, decision or determination made in the enforcement of these regulations. (b) To hear and decide special exceptions to the terms of these regulations upon which such Board of Adjustment may be required to pass by subsequent regulations. (c) To hear and decide specific variances. (2) The Board of Adjustment shall consist of five (5) members, each to be appointed for a term of two (2) years and removable for cause upon written charges and after pub- lic hearing. All vacancies shall be filled by appointment of new members by the Joint Airport Zoning Board. The Chairman of the Board of Adjustment will be elected by the members and from the members of the Board of Adjustment. (3) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of these regulations. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such times as the Board of Adjustment shall determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment 5 shal I be u blic. The Board of Adjustment shall keep Minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official ' actions, all of which shall immediately be filed in the office of the Board of Adjust- ment, and shall immediately be filed in the office of the Board of Adjustment, and shall be a public record. 1 SECTION XV: APPEALS (1) Any person aggrieved, or taxpayer affected by any decision of an Administrative t Agency made in its adminstration of airport zoning regulations adopted under this Act, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such an adminstrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the Board of Adjustment authorized to hear and decide appeals from the decisions of such administrative agency. (2) All appeals taken under this Section must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Administrative Agency and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Administrative Agency shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (3) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Agency certified to the Board of Adjustments, after the notice of ap- peal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceed- ings shall not be stayed otherwise than by order of the Board of Adjustment on notice to the Administrative Agency and on due cause shown. (4) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appeal in person or by agent or by attorney. (5) The Bold of Adjustment may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or modify, the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the Admini'om ive Agency. (6) The Board of Adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts in reversing, or affirming, or modifying any order, requirement, decision or determin- ation which comes before it under the provisions of these regulations. (7) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Administrative 6 ® Agency or to decide in favor of the applicant on any matter upon which it is required to pass under these regulations or to effect any variation in these regulations. SECTION XVI: JUDICIAL REVIEW Any person aggrieved or taxpayer affected by any decision of the Board of Adjustment, or any governing body of a politkal subdivision or the Joint Airport Zoning Board or Ad- ministrative Agency which is of the opinion that a decision of the Board of Adjustment is illegal may, within ten (10) days after the decision is filed in the office of the Board, pre- sent a verified petition to a Court of Competent Jurisdiction for relief in a manner as pro- vided in Article 46e - 11(1), Texas Revised Civi I Statutes. SECTION XVII: ENFORCEMENT AND REMEDIES In addition, the political subdivision or agency adopting these zoning regulations may institute in any Court of competent jurisdiction, an action to prevent, restrain, correct or abate any violation of these regulations or enforcement, and may be granted such relief, by way of injunction as may be proper under all the facts and circumstances of the case. SECTION XVIII: PENALTIES Each violation of this ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $200.00, and ® each day a violation continued to exist shall constitute a separate offense. Jurisdiction for any offense providing a criminal penalty hereunder shall lie in the municipal court in the municipality in which the violation occurs; however, if the offense in an area not in- corporated within a municipality, jurisdiction shall lie in the justice of the peace court of the precinct in which the offense occurs. SECTION XIX: CONFLICTING REGULATIONS Where these regulations impose a greater or more stringent restriction upon the use of land, height of a structure or tree, or the establishing or maintaining of any other airport haz- ard as herein defined, than is imposed by other ordinances or regulations applicable to the same area or location, the provisions of these regulations shall govern and prevail. SECTION XX: SEVERABILITY If any of the provisions of this Ordinance or the application thereof to any Person or circumstances is held invalid, such invalidity shall not affect other provisions or appli- cations of the Ordinance which can be given effect without the invalid provision or ap- plication, and to this end the provisions of this Ordinance are declared to be severable. SECTION XXI: AMENDMENTS This Ordinance may be amended or changed by the Joint Airport Zoning Board for the Dallas-Fort Worth Regional Airport except as otherwise provided by the Airport Zoning Act, Article 46e, V.A.C. S., after a public hearing in relation thereto ct which parties 7 in intent and citizens shall have an opportunity to be heard. At least fifteen (15) days ® notice of the hearing shall be published in an official paper, or a paper of general circul- ation, in the political subdivision in which is located the airport hazard area. SECTION XXII: EFFECTIVE DATE I WHEREAS, the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public health, public safety, and general welfare, an EMERGENCY I is hereby declared to exist, and this Ordinance shall be in full force and effect from and after publication and posting as required by law and its passage by the Joint Airport Zoning Board. APPROVED AND ADOPTED this 16th day of December, 1971, by the Joint Airport Zoning Board of the Dallas-Fort Worth Regional Airport. /s/ Robert H. Power Chairman Attest: /s/ Robert L. Wegner ' 130 ® ORDINANCE NO. 189 AN ORDINANCE WHEREBY THE CITY OF SOUTHLAKE TEXAS, AND THE SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT THE TELEPHONE COMPANY SHALL CONTINUE TO ERECT AND MAINTAIN ITS POLES, I WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER PLANT CONSTRUCTION AND APPURTE- NANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS AND PLACES IN SAID CITY, UNDER REGULATIONS AND RESTRICTIONS AND THAT THE CITY SHALL RECEIVE AN ANNUAL PAYMENT AND THE RIGHT I TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY, ALL AS HEREIN PROVIDED : ' WHEREAS, the Southwestern Bell Telephone Company, herein- after referred to as the "Telephone Company, " is now and has been engaged in the telephone business in the State of Texas and in furtherance thereof, has erected and maintained certain items of its plant construction in the City of Southl ake Texas, hereinafter referred to as the "City, " for many years pursuant to such rights as have been granted it by and under the laws of the State of Texas, and subject to the exercise of such reasonable rights of I regulation under the police power as have been also lawfully granted by and under 'said laws to said City; and ® WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that an agreement should be entered into between the Telephone Company and the City establishing the conditions under which the Telephone Company shall operate in the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY .COUNCIL. OF THE CITY OF SOUTHLAKE TEXAS, THAT: SECTION 1 - CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE The poles, wires, anchors, cables, manholes, conduits and other plant con- struction and appurtenances, used in or incident to the giving` of telephone service and to the maintenance of a telephone business and system by-the Telephone Company in the City, shall remain as now constructed, subject to such changes as under the limitations and conditions herein prescribed may be considered necessary by the City in the exercise of its lawful powers and by the Telephone Company in the exercise of its business of furnishing telephone service; and I the Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purposes for which it is or may be incorporated may from time to time require along, across, on, over, through, above and under all the I public streets, avenues, alleys and public grounds and places within the present limits of the City and within said limits as the same from time to time may be I • extended, subject to the regulations, limitations and conditions herein prescribed. I - 1 - SECTION 2 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUIT All poles to be placed shall be of sound material and reasonably straight, and shall be so set that they will not interfere with the flow of water in any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the street or sidewalk. The location and route of all poles, stubs, guys, anchors, conduits and cables to be placed and constructed by the Telephone Company in the construction and maintenance of its telephone system in the City, and the location of all conduits to be laid by the Telephone Company within the limits of the City under this ordinance, shall be subject to the reason- able and proper regulation, control and direction of the ft COUFIL` or of any City official to whom such duties have been or may be delegated. SECTION 3 - STREETS TO BE RESTORED TO GOOD CONDITION The surface of any street, alley, highway, or public place disturbed by the Telephone Company in building, constructing, renewing or maintaining its telephone plant and system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of work and maintained to the satisfaction of the or of any City official to whom such duties have been or may be delegated, for J one year from the date the surface of said street, alley, highway, or public place is broken for such construction or maintenance work, after which time responsibility for the maintenance shall become the duty of the City. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. SECTION 4 - OPERATION AND MAINTENANCE OF TELEPHONE PLANT I The Telephone Company shall maintain its system in reasonable operating condition at all normal times during the continuance of this agreement. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, impaired, or prevented by fires, strikes, riots, or other occurrences beyond the control of the Telephone Company, or by storms, floods or other casualties, in any of which events the Telephone Company shall do all things, reasonably within its power to do, to restore normal service. SECTION 5 - TEMPORARY REMOVAL OF WIRES The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefited party or parties, and the Telephone Company may require such payments in advance. The Telephone Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. SECTION 6 - TREE TRIMMING The right, license, privilege and permission is hereby granted to the Telephone Company, its successors and assigns, to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent the • branches of such trees from coming in contact with the wires or cables of the Telephone Company, and when so ordered by the City, said trimming shall be - 2 - • r done under the supervision and direction of the city Counctl or of any City official to whom said duties have been or may be delegated. SECTION 7 - ANNUAL CASH CONSIDERATION TO BE PAID BY THE TELEPHONE COMPANY ' To indemnify the City for any and all possible damages to its streets, alleys, and public grounds which may result from the placing and maintenance there- in or thereon of the Telephone Company's poles, conduits, or other telephone ' equipment or apparatus, and to compensate the City for its superintendance of this agreement, and as the cash consideration for the same, the Telephone Company agrees to pay to the City annually during the continuance of the ' agreement a sum of money equal to two per cent (2016) of the annual gross receipts for the preceding year received by the Company from the rendition of local exchange telephone transmission service within the corporate limits of the City. The first payment hereunder shall be made Apri 1 1, 1973 , ' and shall equal in amount two per cent (20/6) of the gross receipts received from January 1 , 1972 , to December 31 1972 ;and thereafter payment shall be made annually on April 1 as herein provided. SECTION 8 - PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES The City agrees that the consideration set forth in the preceding section hereof shall be paid and received in lieu of any tax, license, charge, fee, street or alley rental or other character of charge for use and occupancy of the streets, alleys and public places of the City; in lieu of any pole tax or inspection fee • tax; in lieu of any easement or franchise tax, whether levied as an ad valorem, special or other character of tax; and in lieu of any imposition other than the usual general or special ad valorem taxes now or hereafter levied. Should the City not have the legal power to agree that the payment of the foregoing cash consideration shall be in lieu of the taxes, licenses, charges, fees, rentals, and easement or franchise taxes aforesaid, then the City agrees that it will apply so much of said payment as may be necessary to the satisfaction of the Telephone Company's obligations, if any, to pay any such taxes, li- censes, charges, fees, rentals, and easement or franchise taxes. SECTION 9 - FACILITIES TO BE FURNISHED CITY AS ADDITIONAL CONSIDERATION In addition to the consideration set forth in Section 7, the Telephone Company shall hold itself ready to furnish, subject to the use of the City, such wire space as may be required from time to time by the City upon the poles now owned or hereafter erected by the Telephone Company in the City for the use of the City's police and fire alarm system: provided that the required wire space shall not exceed the wire capacity of one cross arm on any one pole. The location on the poles of this fire and police wire space shall be determined on specific applications for space, at the time the applications are received from the City, and will be allotted in accordance with the considerations for electrical construction of the United States Department of Commerce, Bureau of Standards. In its wire construction on the Telephone Company's poles, the City will follow the suggestions and requirements laid down for wire con- struction in the Rules and Regulations of the Bureau of Standards of the United States Depa rtment of Commerce. Where conduits are laid or are constructed by the Telephone Company, said Company shall hold itself ready to furnish sufficient duct space not to exceed capacity of one duct for use by the City in in carrying its police and fire alarm wires. All such wires, whether - 3 - on poles or in conduits, shall be constructed, maintained and operated in such , manner as not to interfere with nor create undue hazard in the operation of the telephone system of the Telephone Company. It is further agreed that the • Telephone Company shall not be responsible to any party or parties whatsoever for any claims, demands, losses, suits, judgments for damages or injuries to persons or property by reason of the construction, maintenance, inspection or use of the police and fire alarm wires belonging to the City, and the City shall insure, indemnify and hold the Telephone Company harmless against all such claims, losses, demands, suits and judgments. SECTION 10 - ATTACHMENTS ON POLES AND SPACE IN DUCTS NOT HERE ' AFFECTED Nothing in this ordinance contained shall be construed to require or permit ' any electric light or power wire attachments by the City or for the City, nor to require or permit any electric light or power wires to be placed in any duct used by the City in the Telephone Company's conduits. If light or power ' attachments are desired by the City or for the City, or if the City desires to place electric light or power wires in any duct used by the City, then a further separate noncontingent agreement shall be prerequisite to such attachments or ' such use of any duct used by the City. Nothing herein contained shall obligate or restrict'the Telephone Company in exercising its right voluntarily to enter into pole attachment, pole usage, joint ownership, and other wire space and facilities agreements with light and power companies and with other wire using companies which may be privileged to operate within the City. SECTION 11 - PERIOD OF TIME OF THIS ORDINANCE - TERMINATION • This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending twenty (20) years after January 1 1972 , provided that at the end of the expiration of the initial period, such term shall be automatically renewed forthwith for successive periods of twenty (20) years, conditioned, however, that if during the last four months of the initial period or of any successive twenty (20) year period, not less than I ninety days' prior written notice shall be given either to the Telephone Company by the City or to the City by the Telephone Company, setting forth the desire of the giver of such notice to terminate this agreement, then in such case this I agreement shall terminate at the expiration of the then current period. SECTION 12 - NO EXCLUSIVE PRIVILEGES CONFERRED BY. THIS ORDINANCE Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privilege. SECTION 13 - SUCCESSORS AND ASSIGNS The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective successors and assigns. SECTION 14 - PARTIAL INVALIDITY AND REPEAL PROVISIONS If any section, sentence, clause or phrase of this ordinance is for any reason held to be illegal, ultra vires or unconstitutional, such invalidity shall not affect the validity of the remaining portions of this ordinance. All ordinances - 4 - and agreements and parts of ordinances and agreements in conflict herewith ' are hereby repealed. SECTION 15 - ACCEPTANCE OF AGREEMENT The Telephone Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the laity Secretary, and upon such acceptance being filed, this ordinance shall take effect and be in force from and after the date of its passage and approval by the Mayor and shall effectuate and make binding the agreement provided by the terms hereof. Passed and a;')proved this 15th day of August. , A. D., 1972. Mayor ATTEST: City Secretary I, Al i ceanne Wal 1 ace, Ct&p Secretary of the''Ctty of Southlake do hereby certify that the foregoing is a true and correct copy of Ordinance No. 189 , passed and approved by the Vty-Council f of the LCi_t- of Southlake, at a regular meeting held on the 15th day of August , 1972• In witness whereof, I hereto set my hand and affix the official seal of the City of Southlake this 15th day of August , A. D., 1972. i ti, Y;;_1 Secretary -5 August 15, 1972 Honorable Mayor Wade Booker City of Southlake Southlake, Texas 76051 2 Ralph Polsek, wish to resign my position as Mayor r pro-tem and city councilman to the city of Southlake effectively immediately. My reasons being personal as well as for health. 4 $ pectfully y s 1k a h . Polson Jr.