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480-OOOORDINANCE NO. 480-000 OFFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 4, DEFINITIONS, TO ADD DEFINTIONS OF RESTAURANTS, BARS AND TAVERNS; AMENDING SECTIONS 11, 13, 14, 16, 17, AND 29, TO ADD OPEN SPACE MANAGEMENT PLAN REQUIREMENTS; AMENDING SECTION 43, OVERLAY ZONES, TO INCREASE VARIANCE ALLOWANCE FOR SHARED PARKING; AMENDING SECTION 45, SPECIFIC USE PERMITS, TO ELIMINATE SPECIFIC USE PERMIT REQUIREMENTS FOR ALCOHOL SALES AND ADDITION OF SPECIFIC USE PERMIT REQUIREMENTS FOR BARS AND TAVERNS; AMENDING SECTION 47, TRANSITION ZONING DISTRICT, TO ADD RESIDENTIAL DENSITY STANDARDS AND ELIMINATE ATTACHED SINGLE-FAMILY RESIDENTIAL USES; 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 X1, 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 Planning and Zoning commission and City Council have given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. Ordinance 480-000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance is hereby amended by the amendment of Section 4. "Definitions" to add the following: RESTAURANT: An establishment that primarily serves food prepared in the kitchen of the same establishment for patrons and may serve alcohol with a valid Texas Alcoholic Beverage Commission License as long as the establishment derives less than 75% of its gross revenues from alcohol sales. BAR OR TAVERN: An establishment that derives 75 percent or more of the establishment's gross revenue from the on -premise sale of alcoholic beverages. SECTION 2 Amend Section 11.7 to read as follows: 11.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an SF- lA Single Family Residential District. (As amended by Ordinance No. 480-HHH). For all development proposing open space in this zoning district, an open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. Ordinance 480-000 2 SECTION 3 Amend Section 13.6 to read as follows: 13.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an SF-30A Single Family Residential District. For all development proposing open space in this zoning district, an open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. SECTION 4 Amend Section 14.6 to read as follows: 14.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an SF-20A Single Family Residential District. For all development proposing open space in this zoning district, an open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, Ordinance 480-000 homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. SECTION 5 Amend Section 16.7 to read as follows: 16.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this Ordinance is required to be submitted with a request for zoning to an MF-1 Two Family Residential District. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of a site plan. The Concept Plan shall be processed in accordance with this Ordinance and state law for changes in zoning. (As amended by Ordinance No. 480-M.) For all development proposing open space in this zoning district, an open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. SECTION 6 Amend Section 17.7 to read as follows: 17.7 USABLE OPEN SPACE All residential use shall provide and maintain a minimum of two hundred and fifty (250) square feet of Usable Open Space for each dwelling unit. For the purpose of this ordinance, Usable Open Space is as follows: Ordinance 480-000 4 Usable open space shall mean outdoor area, excluding parking and other service areas, which is utilized for livable and/or related amenity, such as outdoor living, associated recreation and/or landscaping, and which is open and unobstructed from its lowest level to the sky except for roof overhangs and architectural projections. All usable open space, unless hereinafter excepted, shall be accessible to, and usable by, all residents residing on the site. Private courtyards or balconies may constitute usable open space for the purpose of calculating up to thirty (30) percent of the total required usable open space. Usable open space may include areas at the ground level and/or on roofs, decks, or balconies designed for common use; provided, that such areas meet other criteria as hereinafter set forth. The minimum dimensions for usable open space at the ground level shall be ten (10) feet by ten (10) feet and the minimum area shall be one hundred (100) square feet. The minimum dimensions for usable open space located on roofs or decks that are available for common use shall be twenty (20) feet by twenty (20) feet and the minimum area shall be four hundred (400) square feet. At least one-half of the required open space shall be at the ground level. An open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the party responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. SECTION 7 Amend Section 29.8 to read as follows: 29.8 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this ordinance is required to be submitted with a request for zoning to an "MH" Manufactured Housing District. (As amended by Ordinance No. 480-HHH) For all development proposing open space in this zoning district, an open space management plan that meets the following criteria shall be required at the time of zoning change and concept/development plan: Ordinance 480-000 a. Distribution of responsibility and guidelines for the maintenance and operation of the protected open space and any facilities located thereon, including provisions for ongoing maintenance and for long-term capital improvements; b. An estimate of the costs and staffing requirements needed for maintenance and operation of, and insurance for, the protected open space and an outline showing the means by which such funding will be obtained or provided; c. A provision for enforcement of the open space management plan; and d. Provisions that in the event the parry responsible for maintenance of the protected open space fails to maintain all or any portion in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and may enter the premises and take corrective action, including the provision of extended maintenance, the costs of such maintenance may be charged to the owner, homeowner's association, or to the individual property owners that make up the homeowner's association, and may include administrative costs and penalties which shall become a lien on all property within the subdivision. SECTION 8 Amend Section 34 Accessory Uses as follows: Add the following under the Accessory Use Table in Section 34.1: hh. Sale of alcoholic beverages in Restaurants. 0-2, C-1, C-2, C-3, C4, HC, S-P-1, S-P-2, PUD, DT** Add the following as Section 34.4 34.4 SPECIFIC REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES a. No restaurants with sale of alcoholic beverages shall be issued a Certificate of Occupancy if it is located within three hundred (300) feet of a church, public school or public hospital. Such measurement shall be made in accordance with the requirements set forth in Section 109.33 of the Texas Alcoholic Beverage Code. SECTION 9 Amend Section 43.9 (b) as follows: 43.9 DEVELOPMENT REGULATIONS - Except as follows, any development regulations set forth in the underlying zoning district shall be applicable. a. Concept Plan and Site Plan Required - Any applicant for zoning within the Corridor Overlay Zone must submit concurrent with their zoning application, a Concept Plan which meets the requirements of Section 41 or a Site Plan which meets the requirements of Section 40 of the Zoning Ordinance No. 480 as ** Shall apply only to non- residential uses and mixed use buildings in the DT District Ordinance 480-000 amended. All properties zoned at the effective date of this ordinance which do not have a Council approved Concept Plan or Site Plan on file with the City shall submit a Concept Plan or Site Plan meeting the above requirements prior to the submittal of a building permit request. A Site Plan must be approved by Council prior to the issuance of a building permit. All Concept Plans and Site Plans may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of Ordinance 480, as amended. b. Variances - At the time of review of any required Concept Plan or Site Plan, the City Council may grant variances to the development regulations set forth in this Section and to Section 35.6, "Number of Off -Street Parking Spaces Required." A parking space variance can only be at the request of the Owner/Applicant and cannot be required by the City Council as a part of their approval of any Concept Plan, Site Plan, Developer's Agreement or by any other means. The City Council shall be limited to granting a variance to no more than fifteen percent (15%) of the required number of off-street parking spaces. (As amended by Ordinance No. 480-CC). 1. To receive a variance, the applicant must demonstrate one of the following: (a) A variance will reduce the impact of the project on surrounding residential properties; or (b) Compliance with this ordinance would impair the architectural design or creativity of the project; or (c) A variance is necessary to assure compatibility with surrounding developed properties; or (d) The proposed construction is an addition to an existing project that does not meet the requirements of this ordinance. In addition, to receive a variance from the outdoor storage regulations in this section, the applicant must demonstrate that the variance will not substantially impair the intent and purpose of the regulations of this ordinance and one of the following: (e) Compliance will result in the destruction of an existing masonry screening device; or (f) Compliance would present extraordinary difficulties in the use of the property; or Ordinance 480-000 (g) Compliance would substantially impair the architectural design of structures dedicated or related to the use. To qualify for any variance over ten percent (10%) to the off-street parking requirements, an applicant shall demonstrate the adequacy of the provided parking through a parking study or analysis. SECTION 10 Delete and add the following from the Table in Section 45.1, Specific Use Permits: S ECIFIC USE DISTRICT WHERE PERMITTED ale erf-a}eol�el bey era<�e0 2, G 1,-2 -G 4, ,7 l}TAL�1' 4 . Bars or Taverns C-3 and DT** Delete the following as Section 45.6: a. F-or- an s-}nor hay � vem ,-� e � �-p�r�en fits re s-rep e� . SIM. REM � t SECTION 11 Amend Section 47.4(d) (4) to read as follows: 4. Uses in the neighborhood shall be to the density and scale that is appropriate based on the context and character of the proposed district. Residential density in the Transition Zoning District shall not exceed two (2) dwelling units per gross acre. ** Shall apply only to non- residential uses and mixed use buildings in the DT District Ordinance 480-000 Delete the following in Table 47.1 under 47.5 Schedule of Uses as follows: Use Status TABLE 47-1 LAND USE CATEGORY RA RE (T-1) / N NE T-2 Residential Uses Single SECTION 12 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 13 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 14 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. Ordinance 480-000 9 SECTION 15 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 16 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. SECTION 17 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. Ordinance 480-000 10 SECTION 18 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 7th day of November, 2006. MAYOR ATTEST: CITY SECRETAR PASSED AND APPROVED on the 2nd reading the 21St day of November, 2006. MAYOR ATTEST: CITY SECRETAR APPROVED AS TO FORM AND LEGALITY: �Ly CITY ATTORNEY • We i c i Ordinance 480-000 11 INVOICE Draft Only Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 lttn BEI-INDA WILLIS Description CITY OF SOUTHLAKE Notice is he CITY OF SOUTHLAKE. ;Isis hereby given :he City Council of City of Southlake, as, that a public rin❑❑ will be held Nrovember 21. of is THE STATE OF TEXA County of Tarrant Before me, a Notc for the Star-Telegrc depose and say tt LEGAL DEK STAR' (817) 390-7320 Customer ID: CIT57 Invoice Number: 276837751 Invoice Date: 11/3/06 N0LC �Terms: Net due in 21 days 6 ue Date: PO N b 11/30/06 NO PO um ea Order Number: 27683775 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 11/3/06 Location Col Depth Linage MU Rate Amount I3580 1 115 115 LINE $0.46 $52.90 TO IN- SECTION 13 VARIANCE Any person, firm or \NC FOR corporation who vio- $52.90 PARKING; Isles, disobeys, omits, Net Amount: NG SEC- neglects or refuses to i SPECIFIC comply with or who -ZITS TO resists the enforce- �TE SPt(t F- ment of any of the E PERMIT provisions of this or- R E M E N T S dinance shall be fined ADC%OL not more than Two AN ADDI- Thousand Dollars R E C E iV E D IF SPECIFIC ($2,000.00) for each ERMIT RE- offense. Each day that I NTS FOR a violation is permitted AND TAV- to exist shall consti- MENDING tute a separate of- NION ZOfv- C� of Southlake STRI�CT IITO Lon Farwell DEC - 6 2005 iESIDESTAN- City Secretary YATTACHE I ,E-FAMILY :NTIAL US- CHFiISVL.HWO" ATIV EPROVL BE ..�•Ir " 31 @F E OF CITY SECRETARY T HIS OL RBE *rg MV COMMISSION EKP RDINANCES; Juy )ING A SEV- IINrC FORS A�"""��' this da p sonally appeared Lisa Wesselman, Bid and Legal Coordinator F9rt Wolth, In Tarrant CountTexas; and who, after being duly sworn, did cjht wa pu lished in the ave named paper on the listed dates: BIDS & SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Novemb9t 1 Notary 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 CIT57 CITY OF SOUTHLAKE 276837751 $52.90 NO PO s CitSl2 urHau INVOICE F° Star-Telegram RECEIVED Customer ID: CIT57 400 W.7TH STREET Invoice Number: 277670771 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/24/06 Federal Tax ID 22-3148254 JA N - 2 2007 Terms: Net due in 21 days Due Date: 11/30/06 Bill To: OFFICE OF CI Y SECRETARY PO Number: NOPO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27767077 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn LAURAL . SLEZACK Publication Date: 11/24/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 103 103 LINE SO.81 S$3.43 ppCUIITTTY�.{{LLOAF SECTIONS 11 1 g3g,,� O DINANCEKNO.• }�j 18Ald AN8PEN S83.43 pppppp Ilp E MANAGE- Net Amount: AN�- ORDINAN E MEN1 PLAN RE- NANCE INO. 480RA3 NO NG1 E NSEC- AMENDED t"HE TI 43, OVERLAY i COMPREHENSIVE ZONES TO IN- ZONING ORDI- CREASE VARIANCE NANCEOF THE CITY ALLOWANCE FOR • SOUTH KE SHARED PARKING; r-4 ' AMEN I d AMENDING SEC- �01 • 1_ TION 45 SPECIFIC , .r #� �•,• ppp USE PERMITS TO 0 41 1 �pN� OF ELIMINATE SPECIF- AU�AN AS: REQUIREMENTS� E (": AMENDINVGV FQR ALCOHOL SALES AND ADDI- TION OF SPECIFIC USE PERMIT RE- QUIREMENTS FOR BARS AND TAV- ERNS. AMENDING SECTION 47, a..,. ,,.. TRANSITION ZON- ING DISTRICT TO I " ?'. •°Y''•s= CHRISTY L.HOLLAND ADD RESIDENTIAL :'� DENSITY STAN- i -'_*; '. MY COMMISSION EXPIRES DARDS AND ELIMI- +;E. NATE ATTACHED ..E." July 31,2008 THE STATE OF TEXAS RESIDENTIAL M IUS- ',4;,,, County of Tarrant THAT THIIS VORDII--- NANCE SHALL BE CUMULATIVE OF Before me, a Notary Public in and for sc pgpVIDRNG ANREv this day rsonally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published by the PROVIDING FoaSEA'It Fo Wo , in Tarrant County,Te as:and who,after being duly sworn,did depose and say that the attached clip LAT o— HEREOF"rent was lished in th above amed paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM PROVIDING A SAV- INGS CLAUSE 817 390-7320 PROVIDING FOR ( PUBLICATION IN /,f PAMPHLET FORM; !J/V`/� PROVIDING FOR PUBLICATION IN THE OFFICIAL PROVIDINGRANAE D SUBSCRIBED AND SWORN TO BEFORE ME FE PROVIDING DATE. tber 01,2 SECTION Any person, firm or 7 , ,ij corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of an of the Thank You For Your Paymen provisions °? this °r- dinance 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 consti- tute a separate of- fense. PASSED AND AP- Remit To: Star-Telegram PROVED DAYTOF NO Customer ID: CIT57 P.O. BOX 901051 DURING, 2006, REG- ULAR Q THE ECOUN- Customer Name: CITY OF SOUTHLAKE CIL EETING. FORT WORTH, TX MAYOR:ES b Andy Invoice Number: 277670771 A tads. Farwell, City Secretary Invoice Amount: $83.43 PO Number: NOPO Amount Enclosed: $