0631ORDINANCE NO. 631
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS ADOPTING A
NEW PERIMETER STREET ORDINANCE; PROVIDING FOR THE
PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE ADMINISTRATION OF THIS
ORDINANCE; PROVIDING FOR PERIMETER STREET FEES;
PROVIDING FOR PERIMETER STREET CONSTRUCTION; PROVIDING
FOR THE LIMITATION OF CONSTRUCTfON AND FEES AND
ADJUSTMENT OF THE PERIMETER STREET REQUIREMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlakc, 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 Council of the City of Southlake deems it necessary and in the public
interest to establish requirements for the construction of perimeter streets abutting land being
subdivided pursuant to the Subdivision Ordinance of the City of Southlake; and
WHEREAS, the City Council of the City of Southlake finds that this proposed ordinance
will meet a legitimate public need, clarify responsibilities of landowners and developers, assist in
carrying out the community's Thoroughfare Plan, serve to protect the public health, safety and
welfare, and fulfill the purposes of Chapter 212 of the Local Government Code;
NOW, T~IEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE:
SECTION I.
PURPOSE AND SCOPE
(1) Purpose. It is the purpose of this Ordinance to guide the development of a
roadway network sufficient for both existing and future traffic. This Ordinance establishes that
all developers shall pay a perimeter street fee in accordance with Section IV herein or, at the
option of the City Council, improve the perimeter street to comply with the City's Thoroughfare
Plan and pavement standards on existing streets that abut the proposed subdivision where the
street is inadequate or substandard.
(2) Scope. This Ordinance shall apply to all non-residential development which
abuts one or more streets and all residential development which requires a Developer's
Agreement and abuts one or more streets.
SECTION II.
DEFINITIONS
(1) General Rules. For the purpose of this ordinance, the following rules shall
be applied in constructing, interpreting, or otherwise defining the terms and provisions hereof:
(a) Words used in the present tense shall include the future, words
used in the singular number shall include the plural number, and words
used in the plural shall include the singular.
(b) The word "shall" is mandatory and the word "may" is permissiYe.
(c) The phrase "used for" shall include the phrases "arranged for",
"designed for", "intended for", and "occupied for", and shall apply
exclusively to physical uses.
(2) Definitions. For the purposes of this ordinance, certain words or terms
applicable hereto are defined as hereinafter provided. Words and terms used in this ordinance,
but not defined in this ordinance shall have the meanings ascribed thereto in the Subdivision
Ordinance of the City. Words and terms defined in both ordinances shall be read in harmony
unless there exists an irreconcilable conflict, in which case the definition contained in this
ordinance shall control.
(a) The City means the City of Southlake, Texas.
(b) The Developer's Agreement is a written agreement,
approved by the City Council, which addresses the physical public
improvements which are to be installed in the development.
(c) Development means any activity which requires the submission of a final
plat under the City's Subdivision Ordinance.
(d) Interim roadway section means the pavement standards specified as
interim in the Thoroughfare Plan.
(c) Perimeter street means any street (excluding S.H. 26, S.H.
114, F.M 1938, and F. M. 1709) which abuts or whose width lies
partially or wholly within a development.
3
(t) The Thoroughfare Plan is the written policy of the City recommending
the roadway network necessary to support ultimate development in the City and
the surrounding region. The Thoroughfare Plan in effect at the time of submittal
of the final plat shall be applicable to the development.
(g) Ultimate roadway section means the R.O.W. and pavement standards
specified in the current Thoroughfare Plan.
SECTION III.
ADMINISTRATION
(1) Administration. The City Manager or his/her designee is responsible for the
administrative provisions of this Ordinance. The City Council shall determine which of the
following shall be required of the developer and included in the Developer's Agreement in order that
the City's best interests be served: payment of a perimeter street fee; construction of street
improvements as required herein; or a combination of construction and a perimeter street fee.
(2) Deposit of fees. Fees paid pursuant to this Ordinance shall be placed by the
City into a perimeter street fund and shall be specifically reserved and used for the construction of
perimeter street improvements. The City Council shall determine the timing and priority of
expenditure of these funds through its capital improvement program budgeting process.
4
SECTION IV.
PERIMETER STREET FEE
(1) Payment of perimeter street fee. in the event the City Council determines that
the perimeter street fee should be paid, the Developer shall pay to the City the designated perimeter
street fee which represents the estimated cost of roadway improvements required to upgrade the
perimeter street to the current City standard street (including, but not limited to, excavation,
subgrade preparation, paving, curb and gutters, sidewalks, storm drainage facilities, lighting, utility
adjustments, engineering, and other necessary facilities and appurtenances).
The required payment will be based upon the classification of the perimeter street in the
Thoroughfare Plan and whether the construction is based upon interim or ultimate roadway sections.
If the perimeter street is a residential street or the construction standard is for an interim street
(residential, collector or arterial), the fee is equivalent to one-half the cost per linear foot of
construction multiplied by the number of linear feet of the perimeter street abutting the development.
If the perimeter street is a collector or arterial street and the construction standard is for the ultimate
roadway sections, the fee is equivalent to one-third the cost per linear ~bot of construction multiplied
by the number of linear feet of the perimeter street abutting the development.
(2) Fees schedule. Perimeter street fees shall be adopted by the City Council in the
City's Schedule of Fees.
(3) Payment of fees. The perimeter street fee in effect at the time of submittal of the
final plat shall be paid to the City per the requirements of the Developer's Agreement.
(4) Perimeter street previously constructed. If the perimeter street was constructed
per the City standard street section by a prior developer on the other side of the right-of-way under
the terms and conditions of this ordinance, the current Developer shall pay the perimeter street fee
required in paragraph (1) above based upon the cost per Iinear foot in effect at the time the perimeter
street was constructed. The City shall pay these funds, less ten percent (10%) of the funds for each
year the improved street section has been in service, to the original developer of the perimeter street
as soon as possible after verification of all calculations, costs, and amounts by the City Council. If
the original developer is no longer in business or has failed to designate a successor or a current
address at which to receive a refund, the City shall pay these funds on a pro-rata basis to the owners
of all lots in the subdivision. No payments will be refunded after the improved street section has
been in service ten years.
SECTION V.
PERIMETER STREET CONSTRUCTION
(1) Minimum lane construction. In the event that the City Council determines that a
Developer should construct or improve a perimeter street in lieu of a paying a perimeter street fee,
the Developer will be required to construct a minimum of two full lanes, in full conformance with
the interim or ultimate standards established by the Thoroughfare Plan.
(2) Surface overlay alternative. The City Council may, through the Developer's
Agreement, approve as an alternative the overlaying of the existing perimeter street surface(s) with
a minimum of two inches (2") of hot mix asphaltic concrete (HMAC) for the full width of the
existing perimeter street adjacent to and extending from the development to the nearest street which
6
has been improved to current City standards. This alternative of overlaying the existing road
surface(s) may be authorized by the City Council only when the overlay improvement of the road
serves the City's best interest and meets the needs of the neighborhood and community in the
development area.
(3) Construction cost reimbursement. AnyDeveloperconstructingtheentireultimate
street surface of a perimeter street may be eligible to receive a rebate of .a portion of the cost of the
perimeter street when development activity occurs on the opposite side of the street right-of-way in
accordance with Section IV(4) of this ordinance.
If the Developer is required to construct the ultimate roadway section, then the City will
reimburse the Developer in an amount equivalent to one-sixth (1/6th) of the total cost of constructing
the minimum two lanes or one-third (1/3rd) the total cost of constructing the entire road together
with ancillary improvements. The City may credit the reimbursement against eligible development
fees owed, but no credit allowed by the City shall ever exceed one-half of the total development fees.
Any approved reimbursement will occur the year following the expiration of the required paving
maintenance bond.
SECTION VI.
LIMITATION ON CONSTRUCTION AND FEES;
ADJUSTMENT
(1) Limitation. The requirements of this ordinance are based upon the reasonable
minimum standards which are designed to compensate for the effects of development upon city
streets. No construction or payment of fees shall be required under this ordinance in excess of
those requirements directly attributable to or directly benefiting the particular development.
(2) Adjustment. The City Council may, in appropriate cases and based upon
specific facts presented, authorize an adjustment, offset or wavier of any construction or fee
payment requirements under this ordinance where it is determined that such requirements place
an unreasonable burden on the development and do not bear a rough proportionality to the
requirements necessary to serve the development.
SECTION VII.
CUMULATIVE CLAU SE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlakc, 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.
8
SECTION VIII.
SEVERABILITY CLAUSE
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 IX.
PUBLICATION IN PAMPHLET FORM
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 X.
PUBLICATION IN OFFICIAL NEWSPAPER
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together 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, 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 XI.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by ~,aw, and it is so ordained.
10
PASSED AND APPROVED on first reading this/~_ day of ~
1995. ~/ /
Gary Fickes, Mayor
ATTEST:
, ..,,,~.'~.~
. . , ,,~_.j..**.---~.,,,,%.
C~y S~t~y
AND APPROVED ON second reading this [ day of
, 1995.
ATTEST:
Sandra L. ~Orand ~ ~ ~ '
~,ty ~,~t~ ~[ ~
APPROVED AS TO FO~: % ~ / .~
City Attorney
.dop,,d: ~ g/~
Effective~~
11
ExhibJ t "A"
PER-LINEAR-FOOT COST ESTIMATES - 1N 1994 DOLLARS
January 25, 1995
Roadway Cost Cost
Classification Per Linear Foot Per Linear Foot
w/o Drainage w/Drainage
Arterial - Interim 24' Section'
No Curb & Gutter - 4" HMAC $ 55.00 $ 95.00
Arterial - Interim 48' Section
No Curb & Gutter - 4" HMAC $ 95.00 $185.00
t
Arterial - Ultimate A4D Boulevard
Section - With Curb & Gutter $150.00 $ 200.00
Arterial - Ultimate ~[4D Boulevard
Section - With Curb & Gutter - 6" PCC $175.00 $ 230.00
Arterial - Ultimate A5U Undivided Section
With Curb & Gutter .- 7" HMAC $175.00 $ 235.00
Arterial - Ultimate A5U Undivided Section
With Curb & Gutter - 6" PCC $ 210.00 $ 280.00
Arterial - Ultimate A4U Undivided
Section - With Curb & Gutter - 7" HMAC $ 135.00 $ 180.00
Arterial - Ultimate A4U Undivided
Section - With Curb & Gutter - 6" PCC $160.00 $ 215.00
Collector - Interim 24' Section
No Curb & Gutter - 4" HMAC $ 55.00 $ 95.00
Collector - Interim 48' Section
No Curb & Gutter- 4" HMAC $ 95.00 $185.00
Collector - Ultimat~ C2U Section
With Curb & Gutler - 7" HMAC $110.00 $145.00
Roadway
Classification
Cost
Per Linear Foot
w/o Drainage
Cost
Per Linear Foot
w/Drainage
Collector - Ultimate C2U Section
With Curb & Gutter - 6" PCC
$125.00
$165.00
Residential Street - P,20 Residential Street or
Cul De Sac - 31' Section
With Curb & Gutter - 6" HMAC
$ 80.00
$105.00
Residential Street - R2U Residential Street or
Cul De Sac - 31' Section
With Curb & Gutter - 5" PCC
$100.00
$135.00
HMAC = Hot Mix Asphaltic Concrete
PCC = Portland Cement Concrete
PLF = Per Linear Foot
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
Tug STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL . RATE AMOUNT
FEB 10i3126881 'CL • 358 1X42 L 42 . 46 19 . 32
feb i,n
P . 0 • # ORD #631
ORDINANCE NO.631
AN ORDINANCE OF THE
CITY OF SOUTHLAKE,
TEXAS ADOPTING A NEW
PERIMETER STREET OR-
DINANCE PROVIDING
FOR THE PURPOSE AND I
SCOPE OF THE ORDI-I
NANCE PROVIDING FOR
DEFINITIONS; PROVID-'
ING FOR PERIMET(R
INC;
REFOR PEIIMETER •
STREET CONSTRUCTION;
PROVIDING FOR THE LIM-
ITATION OF CONSTRUC-
CU-0-0:7201) -P-11-X-1-eLAL-9---
JUOSTMENTEEOFNDTHE oc
SIGNED
PERIMETER$TREETRE-
IBSCRIBED AND Ou1REMENTS; PROviD-)RE ME, THIS THE 10T'H DAY OF �RUARY, 1995
ING THAT THIS ORDI-
NANCE IVEOLL B NOTARY PUBLIC J�„A^,,,
DINANCES•PROVIDING A I'"'•
SEVERABILITY CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL TARR NT COLNTY, TEX S
..__ NEWSPAPERL AND PRO-
VIDINGAN EFFECTIVE
DATE.
PASSED
CITY APPROVED 41~"1"4"°164fr
ONOLOF •
THE CITY OF SOUTH-trP Ne►nacdv ..
LAKE THIS THE 7TH DAY ssiOn ExpiresOF FEBRUARY,1995.
OFFICE Gary r of So, 1
ICE OF Mayor ofSouthlake ,f3r �`S qg _.. _
Attest:Sandra L.LeGrand, -
CITY SEe;ETARY Altyproved Secrefar
Ap as o form:
E.Allen Taylor Jr.,
City Attorney
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
REMIT TO : 400,�, W . SEVENTH , FW, TX 76102
Fort WorthStar.TelegramPE , ,
312681 NUMBERACCOUNT CIT57 AMOUNT 19 . 32
PAGE -OF 1
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 19 . 32
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star1'elegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN N. RIVERA 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. DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
JAN 22 3115802 CL . 358 1X55 L 55 . 75 41. 25
JAN 22
P . O . # ORD 631
NOTICE OF I
PUBLIC HEARING
ENTFNTEETV
O ALLRSED
PERSONS that the City Coun-
cil of the City of Southlake,
Texas,will beholding a public
hearing during the Regular --
held onity C February 7,ng_5,be-e-
aglnningat7:00p.m.Tthemeet- •
ing will be held In the City //,�(/�►\///��
Hall, Chambers ar of City V`�
Hall,667 North Carroll Ave-
nue,np Southlake, Texas. The
I s toon siderthe foil lowing 0
dlnance: SIGNED
ORDINANCE NO.631 R E M E , T-I I S THE 23 DAY O F JANUARY,
C R I B E D AND AN ORDINANCE OF THE 1995
IBS, i CITY OF SOUTHLAKE
TEXAS ADOPTING A NEW
PERIMETER STREET OR NOTARY PU LIC
FOR THE PPROVIDING
RPOSE AND
SCOPE OF THE QRDI-
NANCE- PROVIDINGFOR - TARRANT COUNTY , TE S
DEFINITIONS PROVID-
ING FOR THE ADMINIS- ��,:��y
TRATION OF THIS ORDI- " g/ '
NCE PROVIDING FOR et,
RIAlETER STREET P 1?l',e�r� Tr Ti q PTt.fr l I
FEES; PROVIDING FOR 9 + r
9. �.
OF ICE OF PERIMETER STREET �,— as In.; I w ti;+
CONSTRUCTION PROVID • r I�i3iL�r3� .d •ES
INGFORTHELI/NITATION 11
CITY ECG ETARY OF CONSTRUCTION AND �4 4h• 'JsL` T �'+ ��
FEES AND ADJUSTMENT .
OF THE PERIMETER + << �,�y
STREET REQUIRE-
MENTS PROVIDINGTHAT
THIS ORDINANCE SHALL
TEAR BE CUMULATIVE OF ALLLI
� O�N�RI��D,INANCES- PROVID ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
CLAUSE;PROVIDING FOR
PPPUBLICATION IN PAM-
PHLET FORM• PROVID-
ING FOR PUBLICATION IN
THE OFFICIAL ID NG REMI SEVENTH, FW, TX 76102
THE OFF PROVIDING NEWS A-
EFFECTIVE DATE.
Fort Worth
Cityr L.Le ke,Texas REMIT TO: ► P O BOX 901051 • FORT WORTH,TEXAS 76101 2051
CIt d$ec etarand
A
� �gram ACCOUNT ADVENT
3115802 CIT57 41. 25
PAGE 10F 1
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY ► 41. 25
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED