480-YYYOFFICIAL RECORD
ORDINANCE NO.480-YYY
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS
IT PERTAINS TO ON -SITE SEWAGE FACILITY PLANS;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET
FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the city has adopted Ordinance No. 480, as amended, as the
Comprehensive Zoning Ordinance for the city; and
WHEREAS, the city council has determined that it is appropriate and in the best
interest of the city to promote the public health, safety, and general welfare of its
residents by amending Ordinance No. 480 as provided herein; and
WHEREAS, the city council has given published notice and held public hearings
with respect to the amendment of the zoning ordinance as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Section 33.14 of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
Ordinance No. 480-YYY Page 1 of 6
HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be
immediately served by a sewage collection system connected to an approved
community treatment plant or public sewage facility, then such use shall be connected
to an approved on -site sewage facility (OSSF) designed and constructed in
conformance with the methods and standards approved by the State Department of
Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on -site
sewage facility (OSSF) is to be employed, the minimum lot size must be one acre per
family, residence or commercial structure, with a minimum usable area of at least one
acre, and the use must be approved by the City Council of the City of Southlake. The
minimum usable area requirement of one (1) acre per lot shall exclude all areas of the
lot (As amended by Ordinance 480-JJJ and 480-VW):
a. In any flood plains as identified on the Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM);
b. In any drainage and flowage easements; and
c. Having topographical limitations as regulated under the standards for on -site
sewage facilities in the Texas Administrative Code Chapter 285.
For properties proposing an on -site sewage facility, a plan is required that shows the
type and location of the on -site sewage facility, topography of the site, location of spray
fields, all easements, impact on any existing trees, and any additional information
required by the Authorized Agent responsible for on -site sewage facility permitting and
inspections. (As amended by Ordinance No. 480-YYY)
SECTION 2
Add the following under Section 4 of the Comprehensive Zoning Ordinance No.
480, as amended, to read as follows:
AUTHORIZED AGENT RESPONSIBLE FOR ON -SITE SEWAGE FACILITY
PERMITTING AND INSPECTIONS — The individual, organization, or government entity
contracted with the City that is responsible for the proper implementation of Texas
Health and Safety Code Chapter 366 and Texas Administrative Code Chapter 285. (As
amended by Ordinance No. 480-YYY)
SECTION 3
Section 40.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
r. The location of all on -site facilities for liquid and solid waste temporary storage pending
disposal. For properties proposing on -site sewage facilities, provide the type and
location of the on -site sewage facilities, including the topography of the site, location of
spray fields, all easements, impact on any existing trees, and any additional information
Ordinance No. 480-YYY Page 2 of 6
required by the Authorized Agent responsible for on -site sewage facility permitting and
inspections. No building permit shall be issued until such plan has been reviewed and
approved by the authorized agent nor shall any certificate of occupancy be issued until
the system has been properly installed and inspected by the authorized agent. (As
amended by Ordinance No. 480-YYY)
SECTION 4
Section 41.3 of the Comprehensive Zoning Ordinance No. 480, as amended, is
hereby amended to read as follows:
q. For properties proposing on -site sewage facilities, provide the type and location of the
on -site sewage facilities, including the topography of the site, location of spray fields, all
easements, impact on any existing trees, and any additional information required by the
Authorized Agent responsible for on -site sewage facility permitting and inspections. No
building permit shall be issued until such plan has been reviewed and approved by the
authorized agent nor shall any certificate of occupancy be issued until the system has
been properly installed and inspected by the authorized agent. (As amended by
Ordinance No. 480-MMM and further amended by Ordinance No. 480-YYY)
SECTION 5
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 6
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
Ordinance No. 480-YYY Page 3 of 6
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 8
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 480, as amended, or any other
ordinances affecting zoning yard regulations which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 9
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in
all courts without further proof than the production thereof.
Ordinance No 480-YYY Page 4 of 6
SECTION 10
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading
of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall
additionally publish this ordinance or its caption and penalty in the official City
newspaper one time within ten days after final passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 11
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 19t" day of May, 2009.
John Terrell, MAY R
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Lori Payne, CIT SECRETLY '°�.•4«
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Ordinance No. 480-YYY Page 5 of 6
PASSED AND APPROVED on the 2nd reading the 2"d day of June, 2009.
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John Terrell, MAYOR
ATTEST:
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Lori Payne, CIV SECRE-QARI.
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY 1
DATE:
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Ordinance No 480-YYY Page 6 of 6
INVOICE Preview
Star -Telegram
Customer I D: CIT57
400 W. 7TH STREET
Invoice Number: 304988651
FORT WORTH, TX 76102
Invoice Date: 6/5/2009
(817) 390-7761
Net due in 21 days
Federal Tax ID 26-2674582
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Due Date: 6/30/2009
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PO Number: 20900115-000
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1400 MAIN ST
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Description: CITY OF SOUTHLA
Publication Date: 6/5/2009
Attn Attn: ACCOUNTS PAYABLL
Description
Location Col Depth Linage MU Rate Amount
CITY OF
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SECTION 7
Any person, firm or
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with or who resists
the enforcemenof
Before any of the p ovisions or said Count and State, this da
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of this ordinance
the Stai shall be fined not Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
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MAYOR: John Terrell
Notary PUbI1C
ATTEST: Lori Payne,
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Customer ID: CIT57
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Customer Name: CITY OF SOUTHLAKE
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Invoice Amount: $51.84
PO Number: 20900115-000
Amount Enclosed: $ I
INVOICE
Star -Telegram
Customer ID: CIT57
400 W. 7TH STREET
Invoice Number: 304194191
FORT WORTH, TX 76102
Invoice Date: 4/17/2009
(817) 390-7761
Federal Tax ID 26-2674582
Terms: Net due in 21 days
Due Date: 4/30/2009
Bill To:
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CITY OF SOUTHL n?KE
1400 MAIN ST
Order Nu-..L^--•: 30419419
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Sales Rep: 073
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Description: CITY OF SOUTHLA
Publication Pate: 4/17/2009
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ORDINANCE
NO. 480-YYY
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AN ORDINANCE
AMENDING ORDI-
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AMENDED, THE
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THE STATE 1 ERABILDITY CLAUSE;
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PENALTY FOR VIO-
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PROVIDING A SAV-
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PUBLICATION IN., Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attac
PAMPHLET FORM;
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was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
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Remit To: Star -Telegram
Customer ID: CIT57
P.O. BOX 901051
Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX
76101-2051 Invoice Number: 304194191
Invoice Amount: $63.18
PO Number: PO#20900115-000
Amount Enclosed: $
INVOICE
Preview
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Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
304652421
FORT WORTH, TX 76102
Invoice Date:
5/16/2009
(817) 390-7761
Federal Tax [D 26-2674582
WECEIVED
Terms:
Net due in 21 days
CITY Or SQUTIIILAKE
Due Date:
5/31/2009
Bill To:
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PO Number:
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CITY OF SOUTHLAKE
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Sales Rep:
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SOUTHLAKE, TX 76092-7604
Description:
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Attn Attn: ACCOUNTS PAYABLE
Publication Date:
5/16/2009
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NEWSPAPER; AND
2, 2009, at 5:00 p.m.
PROVIDING AN EF-
or immediately fol-
FECTIVE DATE.
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SECTION 7
Session, during the
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corporation who vi-'
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Hall, 1400 Main
with or who resists
Street, Southlake,
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to consider the sec-
shall be fined not
and reading of the
more than Two.
following ordinance:
Thousand Dollars
ORDINANCE
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NO. 480-YYY
offense. Each day
aN ORDINANCE
that a violation is
AMENDING ORDI-
permitted to exist
NANCE NO. 480, AS
shall constitute a
AMENDED, THE
separate offense.
COMPREHENSIVE
City of Southlake
ZONING ORDI-
Lori Payne
NANCE OF THE CITY
nc SOUTHLAKE.
City Secretary
1 79
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Net Amount:
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SHALL BE
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I FOR vlo- y y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
HA s- AV ING )y the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
CLAUSE;I advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
ING FOR
NTION IN I
Sianed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, May i9,
Notary Public_
kkr-. I.
Thank You For Your Payment
-------------------------------------
Remit To: Star -Telegram Customer ID:
P.O. BOX 901051 Customer Name:
FORT WORTH, TX 76101-2051 Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
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