0579 ORDINANCE NO. 579
TRUCK ROUTE/HOUSE MOVING ORDINANCE
AN ORDINANCE PROVIDING FOR DESIGNATION OF TRUCK ROUTES;
REGULATING THE TRANSPORTATION OF HAZARDOUS MATERIALS;
ESTABLISHING WEIGHT LIMITS FOR VEHICLES; REGULATING THE
MOVING OF HOUSES ON CITY STREETS; PROVIDING FOR PAYMENT
FOR DAMAGES TO CITY STREETS; PROHIBITING SPILLAGE ON CITY
STREETS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; 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, in order to protect the health and safety of the
citizens of the City of Southlake, the City Council deems it
necessary to adopt an ordinance regulating the operation of
vehicles on city streets, including the size and route of certain
trucks, the transporting of hazardous materials, and the moving of
houses and other structures within the city limits, and
WHEREAS, the City Council further deems it necessary to adopt
regulations prohibiting spillage on city streets and providing for
payment for damages to city streets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
In this ordinance,
ascribed to them:
SECTION 1.
DEFINITIONS
the following words shall have the meanings
f:~,files~muni~slake~ordinanc~truck-O03 (02-09-94)
A. CITY shall mean the city of Southlake, ~exas.
COMMERCIAL TRUCK means any motor vehicle designed or used
for the transportation of property, excluding a passenger
bus, passenger automobile, motorcycle, panel delivery
truck or pickup truck.
Co
HAZARDOUS MATERIAL means any quantity, group, form or
class of material designated as hazardous material in any
official publication of the Secretary of Transportation
of the United States under the authority of 27 U.S.C.A.,
Section 1803 (1976), as amended, including any such
publication issued after the effective date of this
ordinance.
MOTOR VEHICLE means every vehicle which is self-
propelled.
MOTORBUS means a vehicle which is used for transporting
persons upon public streets for compensation or hire and
that has a passenger carrying capacity of more than
sixteen (16) persons except those operated by muscular
power or exclusively on stationary rails or tracks.
PERSON means and individual, firm, partnership,
association, corporation, company or organization of any
kind.
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SEMI-TRAILER means every vehicle of the trailer type so
designated or used in conjunction with a motor vehicle
that some part of its own weight and that of its own load
rests upon or is carried by said motor vehicle.
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TRAILER means every vehicle without motor power designed
or used for carrying property or passengers wholly on its
own structure for commercial use and designed to be drawn
by a motor vehicle, excluding trailers used for
recreational or agricultural purposes and/or trailers
carrying commonly recognized recreational vehicles or
agricultural products.
TRUCK means a commercial truck, semi-trailer, trailer,
truck-tractor, or any combination thereof.
Jo
TRUCK-TRACTOR means every motor vehicle designed or used
primarily for drawing other vehicles and not so
constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
VEHICLE means every mechanical device, in, upon, or by
which any person or property is or may be transported or
drawn upon a public highway, including motor vehicles,
2
commercial motor vehicles, trucks, truck-tractors,
trailers, and semi-trailers, but excepting devices moved
by human power or used exclusively upon stationary rails
or tracks.
SECTION 2.
COMPLIANCE WITH ORDINANCE
It shall be unlawful for any person to drive, operate or move,
or to cause or permit to be driven, operated or moved, on any
public street within the city any vehicle or combination of
vehicles contrary to any of the regulations contained in this
ordinance.
The
as truck
A.
B.
C.
D.
SECTION 3.
DESIGNATION OF TRUCK ROUTES
following streets and sections of streets are designated
routes within the city:
U.S. Hwy 114 from the east city limits to the west city
limits.
F.M. 1709, also called Southlake Boulevard, from the east
city limits to the west city limits.
F.M. 1938, also called Davis Boulevard, from the south
city limits to the intersection of F.M. 1709.
Carroll Road from the intersection of F.M. 1709 to
the intersection of U.S. Hwy 114.
SECTION 4.
DESIGNATION OF TRUCK ROUTE
Except as provided below, no person shall operate or cause to
be operated any truck on any public street within the City except
upon such streets as are designated as truck routes:
3
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EXCEPTIONS:
LOCAL DESTINATIONS - The operation of a truck with
a local destination or point of origin on the
shortest permissible street route between such
destination or point of origin and the nearest truck
route or state highway, whichever is closer. The
truck shall be permitted to proceed from a point of
origin to a destination point within the City which
is not on a truck route or state highway without
returning to the nearest truck route or state
highway if to return to the truck route or state
highway would increase the distance to be traveled
off of the truck route or state highway. The
operator of any such truck shall carry evidence of
the location of its last stop and of its immediate
destination in order for this exception to apply.
2 o
EMERGENCY VEHICLES - The operation of emergency
vehicles upon any street within the city.
3 o
PUBLIC UTILITY VEHICLES - The operation of vehicles
owned or operated by the city, a public utility or
any person hired on behalf of the city or public
utility while engaged in the repair, maintenance or
construction of streets or utilities when such
repair, maintenance or construction requires the use
of a public roadway other than a designated truck
route.
DETOUR POINTS - The operation of a truck along any
officially established detour route from a truck
route.
PUBLIC SERVICE VEHICLES - The operation of vehicles
by or on behalf of the city for solid waste
collection or similar public services.
MOTORBUSES - The operation of a motorbus for the
purpose of transporting people for hire upon a
regular schedule over a defined route or for
transportation of children to and from school
functions or for the transportation of persons to
and from church functions.
The City shall keep and maintain an accurate map setting
out the truck routes designated in this ordinance. The
latest version of the official truck route map shall be
kept on file in the office of the city Secretary. The
truck route maps shall be available to the public.
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f: ~ f i les~muni~s lake~ordinanc~truck - O03 (02-09-94)
The Director of Public Works, or his designee, shall
erect appropriate signs or markings to designate the
truck routes designated herein. The failure of the
Director of Public Works to erect any such sign or
marking shall not be a defense to any violation of this
ordinance provided the official truck route map has been
filed with the City Secretary as provided above.
SECTION 5.
WEIGHT AND SIZE LIMITS OF VEHICLES
Unless a permit is issued as provided in Section 6, no
vehicle shall be operated or caused or permitted to be
operated upon any public street within the city,
including designated truck routes, having a weight in
excess of any one or more of the following limitations:
In no event shall the total gross weight, with load,
of any vehicle or combination of vehicles, exceed
eighty thousand (80,000) pounds.
2 o
No axle shall carry a load in excess of twenty
thousand (20,000) pounds. An axle load shall be
defined as the total load transmitted to the road
by all wheels whose centers may be included between
two (2) parallel transverse vertical planes forty
(40) inches apart, extending across the full width
of the vehicle.
The total gross weight concentrated on the highway
surface from any tandem axle group shall not exceed
thirty-four thousand (34,000) pounds for each such
tandem axle group. Tandem axle group is defined to
be two (2) or more axles spaced forty (40) inches
or more apart from center to center having at least
one (1) common point of weight suspension.
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Unless a permit is issued as provided in Section 6, no
vehicle shall be operated or caused or permitted to be
operated upon any public street within the city,
including designated truck routes, having a dimension in
excess of any one or more of the following limitations:
No commercial truck shall exceed a total outside
width, including any load thereon, of 102 inches,
except that the width of a farm tractor shall not
exceed nine feet (9') and the width of a vehicle
used to carry cylindrically shaped bales of hay may
not exceed one hundred and forty-four (144) inches.
The measurement of the width includes any load on
5
f: ~ ~i] es~mul]i~slake~ordinanc~t ruck- 003 (02-09-94}
the vehicle, but shall excluded any safety device
determined by the Federal Department of
Transportation or the Texas Department of Public
Safety to be necessary for the safe and efficient
operation of a motor vehicle of that type.
2 o
No commercial truck unladen or with load shall
exceed a height of thirteen feet six inches (13'6")
including load, except that a combination of
vehicles designed for the sole purpose of
transporting other motor vehicles and used
exclusively for that purpose may be of any height
that does not exceed fourteen feet (14'); provided,
however, it shall be unlawful to operate or attempt
to operate any vehicle over or on any bridge or
through any underpass or similar structure unless
the height of such vehicle, including load, is less
than the vertical clearance of such structure. It
is the responsibility of the operator of a vehicle
to ensure that the vehicle will pass without
touching through all vertical clearances of
structures in its path.
No motor vehicle, other than a truck-tractor,
including any load thereon, shall exceed a length
of forty-five (45) feet. No truck-tractor,
including any load thereon, shall exceed a length
of sixty-five (65) feet. The length limitations of
this paragraph do not include any safety device
determined by the Federal Department of
Transportation or the Texas Department of Public
Safety to be necessary for the safe and efficient
operation of a motor vehicle of that type.
No vehicle or combination of vehicles, except pole
trailers, shall carry any load extending more than
three feet (3') beyond the front thereof, nor more
than four feet (4') beyond the rear thereof.
The provisions of this section shall not apply to any
person operating or causing to be operated a motor
vehicle under a valid permit issued by the Texas
Department of Transportation under the provisions of
Article 6701a of the Revised civil Statutes of Texas,
for the operation of overweight or oversized equipment
or commodities that cannot be reasonably dismantled,
provided the vehicle is operated on a route designated
in accordance with said statute.
The provisions in Paragraph B of this section shall not
apply to any of the following:
6
I: ~ f i ~es~muni~slake~ordinanc~truck- 003 (02-09-94)
4 o
Implements of husbandry;
Machinery used solely for the purpose of drilling
water wells;
Highway or street-building or maintenance machinery
owned or operated by or on behalf of the State of
Texas or any of its political subdivisions,
including a municipality;
Emergency vehicles;
Public utility vehicles owned or operated by the
city, a public utility or any person hired on behalf
of the City or public utility while engaged in the
repair, maintenance or construction of streets or
utilities when such repair, maintenance or
construction requires exceeding the maximum
allowable limits;
Trucks used exclusively for transporting oil field
equipment, as that term is defined by Subsection (i)
of Section 1 of Article 91lb of the Revised Civil
Statutes of Texas.
SECTION 6.
PEP. MITS FOR OVERWEIGHT AND OVERSIZED VEHICLES
Upon written application made by any person who desires
to operate or cause to be operated on the public streets
within the city where the total gross weight or size of
the vehicle and its load exceed the limits allowed by
this ordinance, a permit may be issued by the Director
of Public Works, or his designee, for the operation of
such motor vehicle or fleet of motor vehicles for a
specified period of time, over a route or routes to be
designated by the Director of Public Works.
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The application for the permit provided for in this
section shall be in writing and shall contain the
following:
The name, business address, and telephone number of
the person applying for said permit.
The description of the vehicle to be used to
transport the commodity, including the year, make,
model, vehicle identification number, license
registration, color of said vehicle and a
certificate as to its weight and size.
7
~: ~ f i ! es~muni~ slake~ordinanc~t ruck. 003 (02-09-94)
Do
3 o
A description of the commodity to be transported
and a certificate as to its weight and size.
4 o
A list of the specific streets over which the
equipment is to be operated, the date or dates of
said operation, the time of said operation, and the
number of trips to be made.
5o
The date of the application and signature of the
applicant.
Before a permit is issued under this section, the
applicant for same shall file with the city a bond in an
amount as set by the Director of Public Works not to
exceed ten thousand dollars ($10,000.00) for each vehicle
for which a permit is sought. Said bond shall be payable
to the city and conditioned that the applicant will pay
the city the sum of money necessary to repair any damage
which might be occasioned to any public street or
publicly owned fixture appurtenant to such street by
virtue of the operation of any such vehicle under said
permit.
The permit fee shall be set by the city Council by
resolution.
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SECTION 7.
MOVING OF BUILDINGS OR STRUCTURES UPON ROADWAY
Unless a permit is issued as provided in Section 6, no
person shall move or cause or permit to be moved any
building or structure exceeding the size limitations as
stated in Section 5 of this ordinance into, within or
through the City, upon any public street, including
designated truck routes.
Except in the event of an emergency, the moving of a
building or structure shall be conducted only during
daylight hours during a time period approved by the
Director of Public Works or his designee and which
provides for the least possible obstruction to the
thoroughfares.
No building or structure shall be permitted or allowed
to remain overnight upon public right of way or upon
private property without the written permission of the
owner.
I: ~ f i i~s~muni~ S lake~ordinanc~t tuck. 003 (02-09-94) 8
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It is the responsibility of the operator of the vehicle
to ensure that the vehicle and the structure will pass,
without touching, through all horizontal and vertical
clearances of all structures in its path.
The operator of a vehicle used to move a structure upon
a public roadway within the city shall provide a
sufficient number of individuals authorized to direct and
control traffic and to provide for proper control of
traffic direction at all intersections preceding and
following the path of travel and at all points in between
at any time during such travel within the City.
The operator of a vehicle used to move a structure upon
a public roadway within the City shall notify the
Southlake Department of Public Safety Communication
Division immediately prior to commencing and immediately
upon conclusion of such movement in order that alternate
routes can be selected by emergency services divisions
when necessary for any emergency vehicle responses.
The Director of Public Works and the Director of Public
Safety shall jointly and severally have the authority to
limit or prohibit any movement of a vehicle moving a
structure upon any public roadway within the corporate
limits of the City when in their judgment such movement
is considered unsafe.
SECTION 8.
TRANSPORTATION OF HAZARDOUS MATERIAL
No person shall transport hazardous material or cause
hazardous material to be transported upon any public street within
the corporate limits of the city without first complying with all
applicable regulatory agency mandates regarding the transportation
of such hazardous materials.
SECTION 9.
DAMAGES TO STREET SURFACE, CURBS AND GUTTERS; SPILLAGE
no
It shall be unlawful to drive a truck over and across any
curb or gutter in any public street within the city in
such a manner as to cause damage to the curb or gutter.
If any person intends to drive a truck over and across
f: ~ f iles~muni~s lake~ordinanc~truck- 003 (02-09-94) 9
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any curb or gutter in any public street within the city,
such person shall block the curb or gutter with materials
of sufficient strength to prevent any damage to the curb
or gutter, by virtue of driving a truck over and across
the curb or gutter. If any damage is done to the curb
or gutter by virtue of driving over the curb or gutter,
whether it has been properly blocked or not, it shall be
conclusively presumed to have been caused by the
negligence of the person backing or driving over the curb
or gutter and the driver of any vehicle driving over such
curb or gutter shall be liable to the city for the
damages. In addition, if the damage occurs while the
driver is within the course and scope of his employment,
the driver's employer shall be jointly and severally
liable with the driver for the damages.
It shall be unlawful to turn or maneuver any vehicle upon
any street in the city in such a manner as to cause
damage to the surface of the street. If any street is
damaged by the turning or maneuvering of any vehicle upon
the street, the driver of the vehicle shall be liable to
the city for damage. In addition, if the damage occurs
while the driver is within the course and scope of his
employment, the driver's employer shall be jointly and
severally liable with the driver for the damages.
It shall be unlawful for any person to operate or cause
to be operated any vehicle on a public street of the city
in such a manner as to permit any portion of its cargo,
either liquid or solid, to fall out of, spill from, or
blow out of such vehicle.
SECTION 10.
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. Ordinance Nos.
100, 172 and 172A are hereby repealed in their entirety.
SECTION 11.
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 12.
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 Five Hundred Dollars ($500.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate
offense.
SECTION 13.
Ail rights and remedies of the city of Southlake are expressly
saved as to any and all violations of the provisions of any other
ordinances affecting truck routes or the operation of vehicles on
I: ~ f i les~muni~s lake~ordinanc~t tuck. 003 (02-09-94) ll
public streets 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 14.
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 in the official City newspaper one time
within ten days after passage of this ordinance, as required by
Section 3.13 of the Charter of the City of Southlake.
SECTION 15.
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.
DAY OF
PASSED AND APPROVED ON SECOND READING ON
~ , 1994 .
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THIS / DAY OF
C+fTY SECRETARY
APPROVED AS TO FORM ~D LEGALITY:
City Attorney
Date: ~- /
ADOPTED:~ // /~/~/
E~E~VE.'~W~ ~ ~¢ ?
Des1gnated Truck Routes
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DISCLAIMER • ,, � ..krli #`',t 41:,t
This data has been compiled for The '
City of Southlake. Various official W rE
and unofficial sources were used to
gather this information. Every effort S
was made to ensure the accuracy of
this data,however,no guarantee is
given or implied as to the accuracy No Scale
of said data.
fort Worth StarI'e!eqni
400 W.SEVENTH STREET•FORT WORTH,' 15 a4tle a t taPo£Ui1wS t'
e sog OSI1 ails s of c111N -
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STATE OF TEXAS tooLli+Je P 0b; 'N {,
my of Tarrant way u 59L¢
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- Alln► lenbuou .Jaumo A9
Before me, a Notary' -IId for said County and State, this day
personally appeared lieal66O945ac,11ooUpsiallel '4 Billing Specialist for the Fort Worth
Star-Telegram, publi4Paz��s��1, ,�-'Iy61�9 star-Tele ram Inc . at Fort Worth, in Tarrant
iadl�'41Q9X1 61 ill sL-L£ _ g
County, Texas; and wF M vw 15n2n1911 , -;.)g duly sworn, did depose and say that the
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following clipping oi,�,Aa,no �aw�eso gment was published in the above named
paper on the fo1 low irIo.,V+�ue°Pp00sl�aes e tL
"sop Pi-, sue}5u)Ileo
5u111r Paiane ewwQ QL-L :,
Ilax sPl I)
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slu?6e ou S969E-0LZ a�au£ j` TOTAL
DATE AD INVOICE NO. Itt inoi6uaoaeut; i oatla •L AD SIZE INCH/uNE RATE AMOUNT
MAR 04 2632486 CL . 358 °�aS�yPuoeaP^uatUnoP
mar 4 '' -111'' °i 1X51 L 51 .46 23. 46g=a5
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SIGNED �� ' - �_
SUBSCRIBED AND SWORN T0—B-EFORE ME, THIS THE 7th DAY OF MARCH, 1994
•
NOTARY PUBLIC
f::
.,: , UNDA K. MINNS /7 -41,--/C-• .
ti "• COMMISSION EXPIRES TARRANT COUNTY, TEXAS
SEPTEMBER 13, 1991
LI".;t1 I
-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
REMIT TO : 400 W. SEVENTH, FW, TX 76102
staPr
F;El1 -; ,—�,;*': �► XXXX (�E11<CXAX XNX1�(TXIXrX)XXX�;X -2051-
rortQrth -
Telegram ACCOUNT C I T 5 7 AMOUNT 23 . 46
NUMBER DUE
1 1
PAGE OF
CITY OF SOUTHLAKE1111 ^__,
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 PLEASE PAY ►
THIS AMOUNT 23 . 46
ATTN: SANDRA LE GRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort worth Star.Telegram�
400 W.SEVENT1. l fiEET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared PENNY GRAY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County , Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO.L DESCRIPTION AD SIZE. =:."I AMOUNT
FEB 18 2624817 CL . 358 1X57 L 57 . 43 24 . 51
feb 18
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that the City Coun-
cil of the City of Southlake,
Texas,will beholding a public
City hearing
ngeg to beb
held on March 1, 1994, 1ibeg9ing--
wlbegin-
ning be held Pn the City Council
Chambers of City Hall, 667
North Carroll Avenue,South-
lake, Texas. The purpose of
thepuclichearingistoconsid-
er the following ordinance:
ORDINANCE NO.579
House Moving Ordinance SIGNED
An ordinance providing for
UBSCRIBED AND SWC `e9s�latinoggthf.a^sporlatlon ME, THIS THE 18t DAY 0 FEB. 19 4
tablishingweight1 limits toy NOTARY P U L I C k �(„ /� , /
vehicles;regulating the mov-
ing of houses on city streets;
Providing for payment for ��� T A R R A N T COL N T Y, TEXAS
damages To city streets; 'av PG®�h
Prohibiting spillage on city _.LINDA K...BLEVINS.
streets;providing that thisor- -- ?+ ' ,. y
all ordinances;
cumuling Or-
; �• - y; COMMISSION EXPIRES
all ortlinances;repealing Or- i,�6
172A;pdinance Nos. ,00, ra and /.•}P SEPTEMBER 1 , 1997
172A;proNos. 100, 1 aband r -----------
for .••�_
clause; providing a penalty -it
violations hereof;provid-
ing a savings clause;provid-
ing for publication In the offs-
. cal newspaper;and providing
an effective date. ---- -- -
SECTION 12.
Any person,firm or corpor-
tion who violates, disobeys,
omits neglects or refuses to
comply with or who resiststhe
—TEAR Al_dia ono'this ordinance sha°Ii 1 AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
be fined not more than Five
Hundred Dollars($500..00)for
each
Isep-eEach
a tted To exist
sQQhall constitute a separate of- REMIT TO : 400 W . SEVENTH , FW, TX 76102
ts City of Soutlake,Texas ------
andra L.LeGrand
For t� tal-
Ieie0
'' ' g ra m ACCOUNT CIT 5 7 AMOUNT 24 . 51
NUMBER DUE
1 1
PAGE OF
CITY OF SOUTHLAKE
• 667 N CARROLL AVE 24 . 51
SOUTHLAKE TX 76092-9595 PLEASE PAY bib
THIS AMOUNT
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED