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remodeling or modification. For the purposes of this section,
a commercial building shall mean and include any building which
is intended to be used or which is actually used for any activity
involving the offering, buying, selling, manufacturing, assembly,
trading fabricating, delivering of goods and/or services, or any
other activity, for profit as part of a business or commercial
activity engaged in for gain or livelihood.
C. VARIANCES
The City Council may grant a variance from the requirements of
Part A of this section if the City Council finds:
1. That the nature, type and operation of the business or
businesses to be conducted within the commercial building is
inherently susceptible to conflagration; and,
not
2. That the design and location of the commercial building is such
that masonry, glass or equivalent construction would not facilitate
the control of a fire in said building by the Fire Department; and,
3. That the structure is located in such
would be no danger of damage or injury to
property or improvements in the event of
an isolated area that there
adjacent or surrounding
fire.
D. AUTOMATIC FIRE CONTROL DEVICES
Overhead sprinkler systems or other equivalent automatic fire control
devices shall be installed in all commercial buildings where the
interior open floor space exceeds 6,000 square feet, or where
designated by the building official where the building official finds:
1. That the activity conducted within the commercial building is such
that the susceptibility of the building to fire is substantially
increased over the normal susceptibility of other commercial
buildings; or,
2. That the activity within the building is such that in the event
of a fire said building would be more susceptible than the normal
commercial building to explosion; collapse, or other extraordinary
damage or events; or,
3. That the location and activity conducted within the building
is such that it creates an extraordinary danger of damage to
surrounding buildings and property in the event of fire.
E. FIREWALLS
Where multiply uses occur under a singel roof of a commercial building
such as shops, stores, offices or any other busienss purpose a four
hour firewall shall be constructed and maintained from the foundation
of said building to the roof, completely separating each different
business use within the building.
SECTION II:
Issuance of a building permit for Commercial
will be contingent upon the requirements set
this ordinance (Ordinance No. 278).
Structures
forth in
AND IT IS SO ORDERED,
PASSED AND APPROVED THIS THE
day of ~
1982.
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
DEVELOPERS AGREEMENT
An agreement between the City of Southlake, Texas, hereinafter
referred to as South]ake or City, and the undersigned Developer,
hereinafter referred to as Developer, of
Addition to the City of Southlake, Tarrant County, Texas, for the
installation of certain community facilities located therein, and
to provide city services thereto.
I. GENERAL REQUIREMENTS:
It is agreed and understood by the parties hereto that the
Developer shall employ a civil engineer licensed to practice
in the State of Texas for the design and preparation of
the plans and specifications for the construction of all
facilities covered by this agreement.
The City of Southlake will withhold all building permits
for said lots or parcels until completion and acceptance of
useable increments of all facilities listed in this agree-
ment. All subgrade of streets must be completed prior to
the issuance of any building permits.
All of the facilities listed in Paragraph II of this agree-
ment will be cons>ructed within three (3) years from the
date of the signing of thi~ agreement by the City of
Southlake and the Developer. Before work is commenced,
a Developer's Completion Bond will be furnished to the City
of Southlake in its favor for an amount equal to the value
of the construction of the facilities listed herein and such
bond will be forfeited should the Developer default on any o
the articles of this agreement as they relate to the
facilities to be constructed by Developer.
In lieu of a Completion Bond being furnished to the City
under Paragraph C above, Developer may present to City
an irrevocable Letter of Credit from a state or national
banking, or other lending, institution guaranteeing and
agreeing %o pay an amount equal to 110% of the value of
the construction cost of all of the facilities to be
constructed by Developer, and providing for payment to City
of such amounts, up to the total of the Letter of Credit,
for any amounts required to complete any portion or the
whole of the facilities to be installed by Developer
in the said Addition. Such Letter
of C}edit must provide for payment or release of such monies
as set forth in the Letter of Credit upon the written reque~
of the City, by and through its Mayor, attested to by the
City Secretary. A sample Letter of Credit, which is
acceptable to City is attached to this agreement as
Exhibit "B". Further, in the event that Developer elects
to comply with Paragraph I. C. hereof by furnishing City
with a 1.etter of Credit in lieu of a Completion Bond, such
Letter of Credit shall be for a term of forty-two (42)
months trom and after the date c~f signing of this agreemenl
as evid~,nc~,d by lh~~ date appearing hereon.
Prior to any work being commenced in the said subdivision,
Developer shall furnish either a Maintenance Bond in favor
of the City ol Sothlake, or place an escrow deposit with
said City, with the Maintenance Bond, or escrow deposit,
to be in an amount equal to thirteen (13~) percent of the
total cost of all facilities installed by Developer and whict
said Maintenance Bond, or escrow deposit, shall remain in
effect for a period of one year from and after the completiol
of all facilities to be constructed under this agreement
or pursuant to City ordinances and construction codes for
new subdivisions and shall cover such facilities against
defects in materials and/or reconstruction thereof. In the
event that Developer elects to place an escrow deposit ~.ith
City, such deposit shall be considered complete when funds
in the amount required hereunder are either deposited
directly with City for further deposit by City into an escro~
account for Developer or by delivery to City of a Certificat,
of Deposit or Money Market Certificate made payable solely
to City in the required amount. All interest paid on
any escrow deposit, Certificate of Deposit, or Money Market
Certificate shall be paid or refunded to Developer
at the expiration of the one year period set forth above, al
the same time that the remaining funds being held or refunde,
are released to Developer. Further, if City should be
required to expend any funds or obtain work upon the facilit
installed by Developer, within the said one year period, Cit:
shall be entitled, to charge the said escrow deposit, Certifi
cate of Deposit, or MoneF'~arket Certificate accordingly
and City shall thereafter provide Developer with an
accounting of all funds or amounts deducted therefrom.
Developer may request that the escrow funds be deposited
into a particular type of account or placed in a particular
type of certificate so as to enable Developer to earn intere
on such amount at as high a rate as possible. However, City
shall in no way be liable to Developer for any failure
to invest such escrow deposit in any such account or certifi
cate and shall not be liable to Developer for any losses
as a result of such funds being placed in an account or
certificate at a lower rate of interest that might otherwise
be obtainable.
Until the Completion Bond or Letter or Credit required in C
and D, hereof, and the Maintenance Bond, or escrow deposit
required in E, hereof, have been furnished as required, no
approval o~ work on or in the subdivision shall be given by
City and no ~.ork shall be initiated on or in said subdivisio
by the Developer.
It is iurther agreed and understood by the parties hereto
that upon acceptance by City, title to all facilities and
5mprovements mentioned hereinabove shall be vested in the
City ol Southlake and Developer hereby relinquishes any
right, lille, or interest in and to said facilities or any
part hereof. It is further underslood and agreed that until
the City accepts such improvements, City shall have no
liability or responsibility in connection with any such
facilities. Acceptance of the facilities for this provision
and for the entire agreement shall occur at such time that
City, through its Mayor or Building Official, provides
Developer with a written acknowledgement that a11 facilities
are complete, have been inspected and approved and are being
accepted by the City.
On all facilities included in this agreement for which
Developer awards his own construction contract, the Developer
agrees to the following procedure:
l. To employ a construction contractor who is approved by
the City and is qualified in all respects to bid on public
projects of similar nature.
2. To secure approval by the City of any and all final
payments to the contractor. Said approval is made in accor-
dance withne requirements of this agreement and is not to
constitute approval of the qualities on which payment is
based.
3. To delay connection of buildings to service lines or
water mains constructed under this contract until said water
mains and service lines have been completed to the satisfact]
of and accepted by the City.
The Developer wil~ mow a~l~grass and weeds and otherwise
maintain the aesthetics of'all land and lots in said
subdivision which have not been sold to third parties·
Should the Developer fail in this responsibility, the City
may contract for this service and bill the Developer for
the costs, which amount shall become a lien upon all real
property of the subdivision not previously conveyed to
third parties·
Any Letter of Credit submitted by Developer on a form other
than one which has previously been approved by the City as
"acceptable" shall bs submitted to the City Attorney for
City and this Agreement shall not be considered in effect
until such City Attorney has approved the said Letter of
Credit·
Any surety company through ~hich a bond is written shall be
a surety company duly authorized to do business in the State
~f Texas, provided that the City, through the Mayor shal]
retain the right to reject any surety company as a surety
for a~y ~'ork under this or any other Developer's Agreement
within the City of Southlake regardless of such company's
authorization to do business in Texas.
II. FACILITIES:
A. ON-SITE WATER:
1. The Developer hereby agrees to install water facilities
to service lots as shown on the final plat of the
Addition to the City of Southlake,
Water facilities shall include able to
support fire hydrants and fire hydrant installation. These
are to be installed within a 500' radius. These facilities
will be installed in accordance with plans and specifications
to be prepared by the Developer's engineer and approved by
the City. Further, the Developer agrees to complete this
installation at its own cost and in accordance with Ordinance
No. 170.
2. It is further agreed and understood that the Developer
shall be responsible for all construction costs, materials,
and engineering and all costs incurred by Developer in
Paragraph I.C. and D, hereof.
3. Developer hereby agrees to construct the necessary draina~
facilities within the addition. These facilities shall be in
accordance with the plans and specifications to be prepared
by Developer's engineers, approved by the City Council of
the City, and made part of the final plat as approved by
the City Council. The Developer further agrees:
a. No work will begin on any street included herein prior
to complying with all bonding requirements as set forth
in this agreement. The paving contractor shall furnish
to City proof af satisfactory coverage of insurance in
accordance with City's- §tandard requirements for a
Contractor or Developer doing work in or for the City.
"STANDARD SUBDIVISION~ PAVED STREET~ ESTATE TYPE".
The street construction in the residential development of
the City of Southlake shall consist of the requirements
in Ordinance No. 277, which is attached as Exhibit A
to this Developers Agreement.
The Developer will be responsible for the installation of
street signs designating the names of the streets inside
the subdivision, said signs to be of a type, size, color
and design approved by the City.
D. All street improvements will be subject to inspection and
approval by the City of Southlake.
III. SANITARY SEWERS: (Septic System)
It is understood and agreed that Septic Disposal facilities
shall be constructed on each lot by the lot purchaser or
builder in such a manner as to comply with all minimum
requirements of the following: Health Department of any
Federal Agency of Tarrant County, Texas; State Departemnt of
Health; Texas Water Quality Board of the State of Texas, and
the City of Southlake, Texas, including any applicable City
Ordinance concerning Septic Disposal facilities.
Bo
Each lot within a subdivision must have an individual percolati,
test, performed by a Registered Sanitarian and presented to
the City before building permits can be issued.
SIGNED AND EFFECTIVE on the date last set forth below.
CITY OF SOUTHLAKE, TEXAS
By:
Title:
Date:
By:
Mayor
ATTEST:
City Secretary
Date