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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. L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 1 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 L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 2 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. L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 3 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 L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 4 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 L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 5 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY L:\Meetings\City Council\Archives\2008\2008-10-07 CC Meeting\Item 6F.doc Page 6