Item 6FM E M O R A N D U M
October 1, 2008
To:
Shana Yelverton, City Manager
From:
Ken Baker, AICP, Director of Planning and Development Services
Subject:
ORDINANCE NO 483-O, AN AMENDMENT TO THE SUBDIVISION
ORDINANCE NO. 483, as amended, as it pertains to the requirements for
the installation of underground franchise utilities within the City of
Southlake.
Action
Requested:
Consider first-reading approval of the proposed Ordinance No. 483-O.
Background
Information:
There are currently no requirements for the undergrounding of
utility service lines within the City of Southlake. This amendment is
will require that all new development underground any newly
installed franchise utility service lines. This will not require the
undergrounding of any existing utility lines.
Financial
Considerations:
None
Citizen Input/
Board Review:
A public hearing was conducted at the Planning and Zoning
Commission meeting on September 4—no public comment was
received. A public hearing is also scheduled to be held on October
7 at this item’s second reading at City Council.
Legal Review:
This ordinance has been reviewed by the City Attorney.
Alternatives:
1)Approve as presented.
2) Approve with modification.
3)Deny the request.
Supporting
Documents:
The proposed ordinance amendment is attached.
P&Z:
September 4, 2008: Approved (7-0)
City Council:
September 16, 2008: Approved first reading (5-0) on consent.
Staff
Recommendation:
Approve the ordinance as proposed.
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ORDINANCE NO. 483-O
AN ORDINANCE AMENDING ORDINANCE NO. 483, AS AMENDED,
THE SUBDIVISION ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS AS IT PERTAINS TO THE REQUIREMENTS FOR THE
INSTALLATION OF UNDERGROUND FRANCHISE UTILITIES WITHIN
THE CITY OF SOUTHLAKE; 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. 483, as amended, as the
Subdivision Ordinance for the City; and
WHEREAS
, the City desires to adopt the completeness determination
requirements provided in Senate Bill 848 relating to vesting of development
applications; 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. 483 as provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Article VIII of Ordinance 483, as amended, the City of Southlake Subdivision
Ordinance, is hereby amended by the addition of the following section, which shall be
and read as follows:
Section 8.05. Newly Installed Utilities Required to be Underground
A. Generally: In addition to all other requirements set forth in other applicable
ordinances and regulations of the City, all subdivisions and plats submitted pursuant
to this ordinance shall:
1. Require and provide that all newly installed electric utility lines and wires that will
be operated at nominal voltages, all telephone utility lines and wires, all cable
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television and other communication or utility lines and wires, and all terminals
shall be installed, placed and constructed underground; and cable television,
telephone, and electric transformer and primary switching gear may be pad
mounted or placed underground.
B. Charges: Nothing in this ordinance or any other ordinance of the City of Southlake
shall prohibit or restrict any electric, telephone or other utility or communications
company from charging the owner, developer or subdivider of or within a subdivision
for the difference between the cost of constructing overhead lines and wires and
placing the same underground, or from charging the owner developer or subdivider
of or within a subdivision for extension of its lines and wires, in accordance with the
methods and procedures set forth in the respective utility's or communications
company's approval tariff. It shall be the responsibility and duty of any such owner,
developer or subdivider of, or within a subdivision, to pay all such charges to any
such utility or communications company. No such utility or communications company
shall be required to begin construction unless and until the owner, developer or
subdivider of, or within a subdivision, has made arrangements satisfactory to the
utility or communications company for the payment of the charges specified in this
Section.
C. Provision of Temporary Utility Service: Nothing in this ordinance shall in any way
prohibit or restrict any utility company from providing temporary utility service,
provided that such temporary service shall be limited to twelve (12) months, and
shall be subject to a $2,000.00 fine for each day in excess of that.
D. Street Lighting: Nothing in this ordinance shall restrict or prohibit the placement,
erection, or construction of street lighting poles or standards above ground, provided
all lines and wires used to provide such lighting are placed underground.
E. Placement of Equipment: All electric, telephone, and cable, utilities shall be placed in
the rear easement unless otherwise approved by City Council as a part of platting
process. Mechanical equipment, transformers, and other visible installations will not
be permitted in the front yards of any lots. Occasional location in the front yard area
may be permitted for unusual conditions if said locations have been indicated on an
approved preliminary plat. All such equipment that is installed above ground will be
low profile in nature and will not exceed thirty (30) inches in height. Placement of
such equipment shall be such that it is located as near the rear property line as
possible. Switch gear will be located such that it maintains low visibility but may be
placed convenient to and accessible from the street.
F. All above ground equipment shall be screened from public view, in such a manner
that the ground equipment cannot be seen from a public right-of-way. Said screening
shall be completed at the time of installation by the utility company and/or developer.
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SECTION 2.
Section 2 1 of this Ordinance shall apply to all apply to applications for approval
of plans for development, including those submitted in a request for a change in zoning,
if submitted prior to or simultaneously with an application for approval of a plat.
SECTION 3.
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 4.
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 5.
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 6.
All rights and remedies of the City of Southlake are expressly saved as to any
and all violations of the provisions of Ordinance No. 483, as amended, or any other
ordinances affecting franchised utility installations 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 7.
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
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all courts without further proof than the production thereof.
SECTION 8.
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 fifteen (15) 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 9.
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 the 16th day of September, 2008.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
PASSED AND APPROVED on second reading the _____ day of __________, 2008.
_______________________________
MAYOR
ATTEST:
_______________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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