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Home My WebLink AboutBook 12 03/05/91 - 12/16/92ORDINANCES BOOK 12 -A- AIRLINE, 6700, DUPLEX-2 DISTRICT ALLEYWAYS, ENVIRONMENTAL HEALTH OFFICER ALLEYWAYS, OBSTRUCTIONS/MAINTENANCE ALLEYWAYS, REPAIR OR REPLACEMENT, RECEPTACLE STORAGE AMEND 1990-1991 BUDGET AMEND 1992-93 BUDGET, CAPITAL PROJECTS ANIMALS, PROHIBIT SALE 92/23 91/19 91/41 92/9 91 123 93 11 92 13 6/2/92 9/3/91 2/4/91 2/4/92 10/1/91 1/5/93 3/3/92 -B- BASEBALL FIELD, HPISD BASEBALL FIELD, HPISD (WALL, SIGNS) 92/34 92/35 91/6 91/23 2800/2900 BLKS. BINKLEY, UNIVERSITY CAMPUS DISTRICT BUDGET (1990-91), AMEND BUDGET (1991-92), AMEND CAP EQUIP RESERVE, TRANSFER $400,000 FRM GEN FUND, $100,000 FRM UTILITY TO CAP EQUIPMENT RESERVE BUDGET ORD, AMEND (TELEPHONE SYSTEM) BUDGET ORD, (1992-93) BUDGET AMEND, ORD 92/28, ENCUMBRANCE 92/18 92/16 92/28 92/36 BUDGET ORD, AMEND FY 1991-92 FOR 1990-91 ENCUMBERANCES 91/34 4/7/92 6/2/92 9/1/92 11/2/92 11/5/91 -C- CABLE TV, FM STATIONS CHANGE CONNERLY DRIVE TO NORMANDY CHICKS, PROHIBIT SALE OF CMC, RECYCLING COMPANY CREDIT CARDS TO PAY FEES AND SERVICE CHARGES CROSS-CONNECTION CONTROL PROGRAM CURBS, PUTTING HOUSE NUMBERS ON 91/33 91/14 92/13 92/12 91/21 91/10 92/17 8 3 3 9 6 4 -D- DORMERS, AMEND ZONING ORD. DRIVEWAY APPROACHES DRUID, 4015 KITCHEN FACILITIES IN ACCESSORY BLDG. 92/22 92/9 92/39 6/2/° 2/; -E- EASEMENT, 3909 PURDUE ELECTION ORDER EMERGENCY SERVICE PLAN FROM ORD. ENCUMBRANCES, CARRY FORWARD GENERAL FUND ENCUMBRANCES, CARRY FORWARD GENERAL FUND 92/11 92/19 91/34 92/36 3/3/92 2/4/92 4/7/92 11/5/e 11/7 FEES, CITY FENCES ON MUNICIPAL PROPERTY FIRE CODE, UNIFORM (1991) FM RADIO STATION, CABLE TV -F- 91/31 91/7 91/18 91/33 11/5/91 4/2/91 9/3/91 11/5/91 -G- GARBAGE AND TRASH FEE CHANGE GENERAL FUND, ENCUMBRANCES GLENWICK LANE, 4012 (SPECIFIC USE PERMIT) GOLFING IN PARKS 91/24 91/34 91/4 91/8 10/1/91 11/5/91 4/2/91 5/7/91 -H- HANOVER, 3004, SUP (KITCHEN) HAYNIE, 3409 HIGH WEEDS, GRASS AND UNSANITARY MATTER HILLCREST, SCHOOL ZONE, SOUTHWESTERN TO CARUTH HPISD, BASEBALL FIELD, REVISED CONCEPTUAL SITE PLAN HPISD, BASEBALL FIELD, WALL, SIGNS HPISD, TEMPORARY BUILDINGS, HYER ELEMENTARY HPIST, TEMPORARY BUILDINGS, ADMINISTRATION BLDG. HOUSE NUMBERS ON CURB HUNTERS GLEN, 6601 (SPECIFIC USE PERMIT) HUNTERS GLEN, 6601 (SPECIFIC USE PERMIT) HUNTERS GLEN, 6700 (SUP) TENNIS COURT 92/32 92/33 91/20 92/20 92/34 92/35 91/27 91/28 92/17 91/5 91/38 92/37 11/2/92 11/2/92 9/3/91 5/5/92 11/18/92 11/18/92 10/1/91 10/1/91 4/7/92 4/2/91 12/3/91 12/16/92 -L- LAIDLAW WASTE SYSTEMS, INC. - RECYCLING FRANCHISE 92/31 10/6/92 -N- NO PARKING, 3800/3900 BLKS. VILLANOVA/WENTWOOD NORMANDY FROM CONNERLY (CHANGE STREET NAME) NORMANDY, 4000 BLK (NO PARKING) 91/9 91/14 91/12 6/4/91 8/6/91 7/2/91 -O- ORDINANCE, AMEND (1991-92), TELEPHONE SYSTEM -p- PARKS, OVER 300 USE PARK CITIES PLAZA, PARKING PARKING VIOLATION ($5.00 COURT COST) PLAZA AT UNIVERSITY PARK, BLDG. J AWNING SIGN PLAZA AT UP, CONTINUE SPEC. SIGN DIST 5 YRS. PLUMBING CONTRACTORS, REGISTRATION PORTABLE BUILDINGS, UP Elementary PURDUE, 3902 - EASEMENT 91/29 91/22 92/8 91/42 92/25 91/32 92/27 92/11 10/1/91 9/3/91 2/4/92 12/3/91 7/7/92 11/5/91 8/4/92 3/3/92 -R- RECYCLING FRANCHISE RECYCLING FRANCHISE, PERFORMANCE BOND RECYCLING FRANCHISE, LAIDLAW WASTE SYSTEMS, INCo REGISTER PLUMBERS 91/1 92/12 92/31 91/32 3/5/91 3/3/92 10/6/92 11/5/91 -S- SALARY ORDINANCE, 1991 SALARY ORD, 1991 (AMEND) SALARY ORDINANCE, 1992 SALE OF GOODS, PRIVATE/PUBLIC PROPERTY SAMMONS CABLE TV, FM RADIO SANITARY SEWER EASEMENT, 6800 TURTLE CREEK SANITATION FEE CHANGE SCHOOL CROSSING GUARDS, $5.00 COURT COST (PARKING) SCHOOL TRAFFIC ZONE, HILLCREST SCHOOL ZONE, HILLCREST(SWESTERN TO CARUTH) SEWER SERVICE CHARGES, CHANGE RATE (BASE/CONSUMPTION) SEWER SERVICE CHARGES, CHANGE RATE SEWER SERVICE CHARGES (WINTER MONTHS) SIDEWALKS (REPLACEMENT) SHENANDOAH, 4211 (FOOD PREPARATION FACILITY) SNIDER PLAZA 6801, 2ND FLOOR RETAIL SOUTHWEST HIGHER EDUCATION,HOUSEMAN NEW MEMBER SOUTHWESTERN BELL TELEPHONE, CASH PMNT TO CITY SOUTHWESTERN BELL TELEPHONE, FRANCHISE SPECIAL SIGN DISTRICT, PLAZA AT UP SPECIFIC USE PERMIT, 4015 DRUID SPECIFIC USE PERMIT, 4012 GLENWICK SPECIFIC USE PERMIT, 6601 HUNTERS GLEN SPECIFIC USE PERMIT, 6601 HUNTERS GLEN SPECIFIC USE PERMIT, 6211 ST. ANDREWS SPECIFIC USE PERMIT, SALE OF GOODS SPECIFIC USE PERMIT, 3631 UNIVERSITY SPECIFIC USE PERMIT, 3004 HANOVER SPECIFIC USE PERMIT, 3409 HAYNIE SPECIFIC USE PERMIT, 4211 SWHENANDOAH SPECIFIC USE PERMIT, 6700 HUNTERS GLEN ST. ANDREWS, 6211 - 8' WALL SWIMMING POOL FEE (DAY CARE CENTER) 91/15 92/19 92/30 92/7 91/33 92/24 91/24 92/8 92/20 92/20 91/2 91/25 91/26 92/9 92/38 91/35 92/15 91/3 91/40 92/25 92/39 91/4 91/5 91/38 91/37 92/7 92/10 92/32 92/33 92/38 92/37 91~37 91~8 9/18/91 4/7/92 8/1/92 2/4/91 11/5/91 6/2/92 10/1/91 2/4/92 5/5/92 5/5/92 3/20/91 10/1/91 10/1/91 2/4/92 12/16/92 12/3/91 4/7/92 4/2/91 12/3/91 7/7/92 12/16/92 4/2/91 4/2/91 12/3/91 12/3/91 2/4/92 3/3/92 11/2/92 11/2/92 12/16/92 12/16/92 12/3/91 5/7/91 -T- TAX LEVY, 1991 TAX LEVY, 1992 TELEPHONE SYSTEM, BUDGET AMEND TEMPORARY SCHOOL BLDGS., HYER TEMPORARY SCHOOL BLDGS., ADMINISTRATION TEXAS HIGHER EDUCATION, HOUSEMAN NEW MEMBER TENNIS COURT, 6700 HUNTERS GLEN TEXAS MUNICIPAL RETIREMENT SYSTEM, PRIOR SERV. CREDIT TRAFFIC, SCHOOL ZONE TURTLE CREEK, 6900 - SPECIAL USE PERMIT 91/17 92/29 92/17 91/27 91/28 92/14 92/37 91/30 92/20 92/21 9/3/91 8/1/92 6/2/92 10/1/91 10/1/91 4/7/92 12/16/92 11/5/91 5/5/92 6/2/92 -U- UNIFORM FIRE CODE, 1991 UNIVERSITY, 3631 (SPECIFIC USE PERMIT) UP ELEMENTARY, PORTABLE BUILDINGS UTILITY EASEMENT, LAURIE SANDS HARRISON 91/18 92/10 92/27 91/11 9/3/91 3/3/92 8/4/92 6/4/91 -V- 3800/2900 BLKS. VILLANOVA (NO PARKING) 91/9 -W- WATER/SEWER CHARGES 3800/3900 BLKS. WENTWOOD (NO PARKING) WINDSOR PARKWAY, Alley easement 91/2 91/9 91/13 6- 7/ -Z- ZONING ORD (UNIVERSITY CAMPUS DISTRICT) ZONING ORD (FENCES ON MUNICIPAL PROP) ZONING ORD (6801Snider Plaza, 2nd floor) ZONING ORD, 6211 ST. ANDREWS, SPECIFIC USE PERMIT ZONING ORD, 6700 AIRLINE, D-2 DISTRICT ZONING ORD, DORMERS ZONING ORD, 6900 TURTLE CREEK, SPECIAL USE PERMIT ZONING ORD, Hyer Elementary Sch., 3920 Caruth ZONING ORD, UP Elementary, 3505 Amherst 91/6 91/7 91/35 91/37 92/23 92/22 92/21 92/26 92/27 4/2/91 4/2/91 12/3/91 12/3/91 6/2/92 6/2/92 6/2/92 8/4/9' 8/~ NO. 91/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A FRANCHISE FOR THE USE OF PUBLIC PROPERTY OF THE CITY FOR THE PURPOSE OF FURNISHING TO THE PUBLIC HOUSEHOLD RECYCLABLE MATERIAL COLLECTION SERVICES; APPROVING A FORM OF CONTRACT FOR EXECUTION BY THE MAYOR ON BEHALF OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a public meeting of the City Council of the City of University Park has been called and held concerning the granting of a franchise for the collection of household recyclable materials; and WHEREAS, franchise to the city Council has determined to grant such a the within named franchisee upon the terms and conditions required by the Home Rule City Charter, this ordinance, and a contract to be entered into between the City and franchisee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby granted to the below named franchisee the franchise or right to use the public property of the City of University Park, including its streets, alleys, and other public ways, for the purpose of furnishing to the public the general public sel~ice of the collection of household recyclable materials. SECTION 2. TO carry out the franchise herein granted, the Mayor is authorized and directed to execute, on behalf of the City of University Park, the Household Recyclable Material Collection Services Contract, a true copy of which is attached to this ordinance as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein and made a part of this franchise. SECTION 3. That the franchisee is bound by all the terms and provisions of the Home Rule City Charter, Chapter 12, with regard to franchises, as well as the terms and conditions of this ordinance and the terms and conditions of Exhibit "A." SECTION 4. This franchise shall not be transferable except with the approval of the city Council expressed by ordinance amending this ordinance, provided that the franchisee is authorized to pledge the franchise granted herein as security for a valid debt. SECTION 5. The term of this franchise shall be thirty-six (36) months, provided however, that the city Council may authorize and approve an extension of the Services Contract after public meeting and formal action, and such renewal or extension of the Services Contract shall constitute an extension of the franchise granted herein for and during the term of such extension or renewal and subject to termination as provided in such Services Contract. SECTION 6. Franchisee shall not be required to pay the City for the franchise privileges granted herein and by the Services Contract to be adopted pursuant hereto. SECTION 7. Termination of the Services Contract as provided therein shall automatically terminate the franchise granted herein without further action by the City Council, and in the event of such termination of the Services Contract, the provisions hereof shall terminate and be null and void and of no further force or effect. SECTION 8. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 9. This ordinance and the Services Contract approved herein shall become effective thirty (30) days after the passage hereof and the acceptance hereof by franchisee, all as provided in Section 12.01 of the Home Rule city Charter of the City of University Park. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of March, 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/sb 3/1/91 STATE OF TEXAS ) ( COUNTY OF DALLAS ) ( CITY OF UNIVERSITY PARK ) ( EXHIBIT "A" HOUSEHOLD RECYCIJtBLE" MATERIALS COLLECTION SERVICES CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF UNIVERSITY PARK, a municipal corporation in DALLAS COUNTY, TEXAS, hereinafter called "CITY," and COMMERCIAL METALS COMPANY, a corporation, acting under the laws of the State of Texas with principal office located at 7800 Stemmons Freeway, Dallas, Texas, 75247, hereinafter called "CONTRACTOR." I. DESCRIPTION OF WORK. ae For the' consideration hereinafter agreed, Contractor shall provide Household Recyclable Material Collection Services in the corporate limits of the City, hereinafter called the "SERVICES." .The Services are to be performed in a good and workmanlike .manner and to conform.'in every respect to the following documents: 1. City's Request for Bids; 2. Contractor' s Bid; 3. This Contract. B. Materials to be collected shall include: Ce ® 3. 4. 5. 6. Plastics - high density polYethylene (HDPE), and polyethylene terephthalate (PET) Aluminum cans Steel cans (commonly referred to as "tin cans") Glass - green, brown, and clear Newspaper Materials may be added or deleted to the Contract by mutual consent of the City and the. Contractor. Ail of the documents' referred to in Section I, subsection A hereof, are incorporated herein for all purposes as though they were copied at length herein. Provided, however, that in case of conflict in the language of the Request for Bids and this Contract, the terms and conditions of this Contract shall be final and binding on all parties~hereto, and shall control where they conflict with the Bid. Contractor and City further agree that should any dispute or questions arise respecting the true construction or meaning of these documents, the same shall be decided by the City and such decision shall be binding and conclusive upon Contractor. Contractor's employees shall be required to wear a clean uniform bearing the Contractor's name and the individual's identification while on duty or in the course of performing Services under this Contract. '--1-- G. Throughout the period of this Contract,'-the Contractor shall establish and maintain a local office 'and an authorized managing agent within Dallas County, Texas. The COntractor shall furnish to the City the name of the managing agent. prior to commencing collection services and shall notify the City if the managing agent is changed at any time. Such managing agent shall serve as the point of contact for dealing and communications with the Contractor; and a notice or request to said Contractor's agent shall be considered sufficient notification to the Contractor. During collection service days, Contractor's local office shall have a responsible person in charge during normal business hours, or until such time as the day's collection is completed, whichever is later, to receive all complaints and/or service requests forwarded by the City or its residents. Contractor shall maintain at all times a business telephone with the number listed with the City. Contractor shall provide the City a current list of employees performing services under this contract. Said list shall include but not be limited to, name, date of birth, and Texas drivers license number. The City at'its option may request periodic updates of said list from the Contractor. During the period of this contract, the Contractor shall provide and maintain a fleet of approved collection vehicles sufficient in number and capacity to efficiently perform the work and render the services required of him by this Contract. Contractor shall provide evidence of his ability to furnish vehicles and personnel under breakdown and layoff conditions. Each collection vehicle shall be kept in a sanitary condition at all times, meaning that no recyclables shall be permitted to remain overnight anywhere in the packer body. In addition, each collection vehicle shall, be washed down regularly - but not less.th~n once each week and steam-cleaned as needed. To ascertain said .sanitary condition'and insure compliance with'these requisites, 'the ' City reserves the right to inspect the Contractor's collection vehicles at any time. When, in the opinion of the City inspector, the collection equipment is considered to he offensive, the Contractor shall steam-clean and deodorize the equipment at his own expense. The City inspector's decision shall be final. Each truck shall at all times be equipped With a shovel and a broom, or rake, to be used for the collection of spilled materials. -2- During the period of this contract, the Contractor shall provide weekly commingled collection service of specified recyclable materials from the alley to such households located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public alley for a total fee of: ONE DOLLAR and EIGHTY-FIVE CENTS. $1.85/Household/Month (excluding applicable sales taxes). During the period of this Contract, the Contractor shall provide weekly commingled collection service of specified recyclable materials from a location behind the front building line to such households located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided."pack-out" sanitation collection from the utility easement. Contractor must place all recycling bins behind the front building line after collection for a total fee of: THREE DOLLARS and SEVENTY CENTS. $3.70/Household/Month (excluding applicable sales taxes). J® During the period of this Contract, Contractor shall provide weekly commingled collection service of specified recyclable materials from the curb side (to be provided only if alley service proves physically impossible) to such households.located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public alley for a total fee of: ONE DOLLAR and EIGHTY-FIVE CENTS. $1.85/Household/Month (excluding applicable sales taxes). Ko The Contractor shall provide each subscriber with an 18-gallon reusable storage container for acCumulating recyc!able materials specified in this'contract~. The charge for this container shall be: FOUR DOLLARS and EIGHTY-FIVE CENTS. $4.85 (exclUding applicable sales taxes). Additional containers may be purchased by subscribers for the same price. ne Me The Contractor shall be responsible for all billing and collection of fees and charges from subscribers. The Contractor is prohibited from"raising the monthly rate more than five percent (5%) per year during the life of the contract. II. INSPECTION OF SITE AND COORDINATION Contractor represents that, prior to submitting a bid upon this Contract and prior to signing this Contract, Contractor has .bec6me thoroughly acquainted with all matters relating to the -3- performance of this Contract, all' applicable laws, and all.of the terms and conditions of this Contract. All Services under thisi Contract shall be coordinated under, and performed to the satisfaction of the City or its designated representative. III. TERM ThiS is a thirty-six (36) month agreement. The effective date of this Contract shall be March 15, 1991 , but Services shall commence within seventy-{lye (75). days thereafter and continue for one hundred, and fifty-six (156) consecutive weeks, unless sooner terminated in accordance with the provisions of this Contract. For good cause shown by the Contractor, the City or its designated representative may extend the time to perform the Services. IV. PERMITS Contractor shall obtain from the City, necessary permit(s), if any, required by City ordinances for the performance of the Services. V. INDEPENDENT CONTRACTOR Contractor's status shall be that of an Independent Contractor and not an agent, servant, employee, or representative of the City in the performance of the Services. No term or provisions of, or act of Contractor or City under, this Contract shall be construed as changing that status. VI. INDEMNITY Contractor agrees to defend, indemnify, and hold harmless the City or its officers, agents and employees, against any and all claims, lawsuits, judgments, cost~ and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought that may arise out of or be occasioned by Contractor's intentional or negligent breach of any of the terms or provisions, of this Contract, or by any other negligent or strictly liable act or omission of Contractor.,'its. officers, agents employees or subcontractors, in 'the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, agents, employees or separate contractors,-, and in the event of joint and concurring responsibility of the contractor and the City, responsibility, if any, shall be apportioned comparatively in accordance with the law of the State of Texas, without waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to, any other person or entity. -4- VII. COMPLIANCE WITH CODES Contractor shall, during the performance of the Services' of this Contract, comply with all applicable codes and ordinances, and any amendments thereto, of the City. VIII. INSURANCE REQUIREMENTS The Contractor, at its sole cost and expense, shall procure and maintain during the term of this Contract with an insurance company authorized to do business in the State of Texas acceptable to the City the following insurance. Contractor shall evidence same to the satisfaction of the City by submitting a copy of said policies prior to the performance of any of the Services provided under this Contract. Said policies shall contain provisions naming the City as an additional named insured, and shall require ninety (90) days written notice be given to the City by way of Certified Mail with return receipt requested prior to the cancellation, modification, or reduction of the limits of policy by the insured: 1. Workmen's Compensation as required by law. 2. Comprehensive and General Public Liability Insurance with limits of at least $1,000,000 each person and $1,000,000 each occurrence. 3. Property Damage Insurance with limits of at least $1,000,000 each occurrence and $1,000,000 aggregate. 4. Comprehensive Automobile Liability Insurance with limits of at least $1,000,000 each person, and $1,000,000 each occurrence for bodily injury, and $1,000,000 each occurrence for property damage. 5. Contractual Liability Insurance with limits of at least $1,000,000. IX. ASSIGNMENT Contractor shall not sell, assign, transfer or convey this Contract, in whole or in part, without the prior written consent of City, or its designated representative, and as a condition of such consent, contractor shall continue to remain liable for completion of the Services in the event of default by the successor contractor or assignee. X. TERMINATION City may at any time, at its own option, and without prejudice to any other remedy, be entitled at law or in equity, or elsewhere under this Contract, terminate further work under this contract for good cause, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor, with the understanding that all Services being terminated shall cease upon the date specified in such notice. Contractor shall not be entitled to any lost or anticipated profits should the City choose to exercise its option to terminate. -5- XI. NOTICES Any notice, statement or demand required or )ermitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. If notice intended for City: City Manager City of University Park P.O. Box 8005 Dallas, TX 75205 Attn: Kent Austin If notice intended for Contractor: Wes Constable CMC Recycling 7800 Stemmons Freeway Dallas, TX 75247 XII. APPLICABLE LAWS This Contract is entered into subject to the Charter and Ordinances of the City, and any amendments thereto, and all applicable State of Texas and Federal laws. XIII. VENUE The obligations of the parties to this Contract shall be performable in the City of University Park, County of Dallas, State of Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Dallas County, Texas. XIV. GOVERNING LAW This Contract shall be ggverned ky.and construed in accordance with the laws and court decision of the State of Texas. XV. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. XVI. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. -6- XVII. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. XVIII. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. XIX. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. IN WITNESS WHEREOF, the parties to these presents have executed this agreement on this 3rd day of April 1991. ATTEST: APPROVED: CITY OF UNIVERSITY PAP~ ~--hn G. Roach Mayor City Secretary CONTRACTOR: COMMERCIAL METALS COMPANY ~ATTESTr Authorized official David M. Sudbury, Secretary Ha.r~y J. H~ink'ele ~/ President, Secondary Metals Processing Division -7- CITY OF UNIVERSITY PARK REQUEST FOR BIDS HOUSEHOLD RECYCLABL~ MATERIAL COLLECTION SERVICE The City of University Park is seeking proposals from qualified vendors for a subscription-based household recyclable materials collection service. Bids will be evaluated for their conformity to the following specifications. Sealed bids will be opened Friday, Mar. 1, 1991, at 9:00 a.m. in the Highland Park Town Hall, 2nd floor Council Chamber, 4700 Drexel Drive, Dallas TX 75205. Scope of Work The Contractor shall collect and market commingled recyclables weekly (regardless of weather) from subscribers in single-family homes, duplexes, and multi-family buildings which receive individual garbage collection service in University Park. II. Materials Collected and Marketed The Contractor shall furnish all labor, supervision, material, permits, licenses, and equipment necessary to .provide collection of the following recyclable materials from occupants of homes subscribing to the service: ao Be C. D. E. F. plastic - polyethylene terephthalate (PET) and high densityPolyethylene plastics (HDPE) Aluminum beverage cans Steel cans (commonly known as tins cans) Glass - clear, brown, and green Newsprint Materials may be added or deleted to the contract by mutual consent of the City and Contractor. III. The Contractor is responsible for transporting the collected recyclable materials to a central processing site and shall retain responsibility for brokering these materials to their respective markets. Residential Servi~e Frequency and Days of SerVice A. The Contractor shall provide collection service weekly. Collection shall occur between the hours of 7:00 a.m. and 7:00 p.m. The regular collection day shall be established by the Contractor, based on level of participation. The City prefgrs the collection day to coordinate with regular garbage pickup. B. Collection shall be performed on the next business day if regular collection falls upon the following holidays: 2. 3. 4. New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day 1 CITY OF UNIVERSITY PARK 8. 9. 10. Independence Day Labor Day Veteran's Day Thanksgiving Christmas New Year's Day C. Ail collections shall be made as quietly as possible and conform to any Federal, State, County, or City noise level regulations. D. New subscribers may be added at any time. IV. Ve Point of Collection Collection is to be made from wherever the household typically receives regular garbage pickup (alley, parkway, or packout), unless physically impossible. A separate quote should be provided for packouts (see p. 6). The City reserves the right to determine the location of recycling containers. Storaqe Container A. The Contractor shall provide each'subscriber with an 18- gallon reusable container for accumulating recyclable materials. Each container shall be clearly marked with a logo approved by the City. Collection shall be from authorized containers only. Once provided to the subscriber, the container is the responsibility of the subscriber. B. Subscribers may request more than one container, at no higher charge than that for the initial container. Subscribers shall not be limited as to the number of containers they place out for collection. The charge for collecting from multiple containers will be the same as for collecting from.a single containers. VI. Reporting Requirements .. The Contractor shall provide the City with monthly 'reports- within five days from the end of the period being reported. These reports will include: A. Summaries of tonnages of all materials recovered, by material. B. Summaries of tonnages of all material~ sold, by material. C. Material market prices. D. Resident participation rates in terms of weekly and monthly set-out counts with a description of the methods used to determine these rates. E. Other information will be provided by mutual consent of both parties. VII~" Complaints CITY OF UNIVERSITY PARK Complaints regarding service are to be logged and cleared within 24 hours~. The complaint log shall be available to the City for inspection at any time. VIII. Employees A. Ail field employees of the Contractor shall wear uniforms identifying them as employees of the Contractor. B. Employees driving the Contractor's vehicles shall at all times possess and carry a valid Class B vehicle operator's license from the State of Texas. C. The Contractor's employees, officers, and agents shall at no time be allowed to identify themselves or in any way represent themselves as being employees or agents of the City of University Park. D. The Contractor shall prohibit drinking of alcoholic beverages by employees while on duty or in the course of performing duties under this contract. E. The Contractor shall maintain a local office and an authorized managing agent within Dallas County. The Contractor shall furnish to the City the name of the managing agent prior to commencing operations and will notify the City if the managing agent is changed. The managing agent shall serve as the point of contact for communication between the City and the Contractor. On collection days the Contractor's local office shall be open during normal business hours, or until the day's collection is complete, whichever is later. IX. Collection Vehicles A. The Contractor shall provide and maintain a fleet of approved eollection vehicles sufficient in number and capacity to efficiently perform the work and render the services required by the contract. The Contractor shall provide evidence of the ability Go perform under breakdown and lay-off conditions. B. Each collection vehicle shall be kept in clean condition at all times. The City reserves the right to inspect the Contractor's collection vehicles at any time. If the City~'inspector determines ~he vehicles to be offensive or unsafe, the Contractor shall clean and deodorize the equipment at his own expense. C. Each collection vehicle shall be equipped with a shovel and a broom, or rake, to be used for the collection of spilled materials. D. The Contractor's vehicles shall be clearly identified 3 CITY OF UNIVERSITY PARK i .. wilth the name, address, and phone nu.mber of the company's local office on each of its passenger doors. E. The Contractor shall furnish the City with a list identifying all equipment to be used in fulfilling the contract. Term of Service The term of service is three years. XI. Remuneration A. The Contractor shall quote a rate for service per household per month and for any container charge or setup charge. The Contractor is prohibited from raising its monthly rate more than 5% per year during the life of the contract. B. The Contractor is entitled to all proceeds from the authorized collection and sale of recyclable materials. C. The Contractor is responsible for all billing and collection of charges from subscribers. XII. Indemnification and Performance A. The Contractor shall hold the City harmless from any damages or claims resulting from the collection service. B. The Contractor shall provide a performance bond equivalent to 100% of the subscription revenue assuming 100% participation from 6500 households. C. The Contractor shall have a 14-day period from the commencement of collections to resolve any operational or start-up problems without violating the contract. D. The contract may be amended or terminated by mutual consent of all parties after 14 days written notice. XIII. Insurance A. The Contractor, at its sole cost and expense, shall keep continually in force during the term of service: 1. Worker's Compensation: as required by law. 2. Comprehensive and General Public Liability Insurance: minimum $1,000,000 per person and $1,000,000 per occurrence. 3. Property Damaqe Insurance: minimum $1,000,000 per occurrence and $1,000,000 aggregate. 4. Comprehensive Auto Liability Insurance: minimum $1,000,000 per person, $1,000,000 each occurrence of bodily injury, and $1,000,000 each occurrence of property damage. .- 5. Contractual Liability Insurance: minimum $1,000,000. CITY OF UNIVERSITY PARK B. Ail insurance obtained by the Contractor shall also insure the City, its officers, agents, and employees. All policies shall contain provisions naming the City of University Park as an additional named insured and require that 90 days notice be given prior to the cancellation, modification, or reduction of the limits of the policy by the insured. XIV. Marketinq and Promotion The Contractor is responsible for publicizing and promoting the service and enrolling subscribers. XV. SMU Campus Rec¥clinq Collection Proqram The City intends to work with the Contractor to develop a recycling collection program for the SMU campus. The~ Contractor should submit ideas for said program, which will be considered separate from the rest of the contract. Pre-Bid Conference A pre-bid conference will be held Friday, Feb. 22, 1991 at 2:00 p.m. in the 2nd floor Council Chamber of the Highland Park Town Hall, 4700 Drexel Dr., Dallas TX 75205 to answer any questions raised by interested firms. 5 CITY OF UNIVERSITY PARK HOUSEHOLD RECYCLABLES MATERIAL COLLECTION SERVICE .. BIDiSHEET ALLEY SERVICE To provide weekly commingled collection services of specified recyclable materials from the alley to such households located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public alley. ALLEY BID: DOLLARS AND CENTS. /HOUSEHOLD/MONTH. CURBSIDE SERVICE (To be provided only if alley service proves physically impossible) To provide weekly commingled collection services of specified recyclable materials from the curbside to such households located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public alley. CURBSIDE BID: DOLLARS AND CENTS. $ /HOUSEHOLD/MONTH. PACK-OUT SERVICE To provide weekly commingled collection service of specified recyclable materials from a location behind the front building line to such households located in the proposed recycling program and which are currently provided "pack-out" sanitation collection from the utility easement. Contractor must place all recycling bins behind the front building line after collection. PACK-OUT BID: DOLLARS AND· CENTS. $ ./HOUSEHOLD/MONTH. De SETUP CHARGE In'~the space below indicate any setup charg~ ~eeded to initiate service to a subscribing household. SETUP CHARGE BID: DOLLARS AND CENTS. $ . 6 CITY OF UNIVERSITY PARK E. CONTAINER CHARG~ In the space below indicate any container charge required to supply subscribing households with an 18-gallon reusable storage container. Also indicate the replacement cost to the subscriber for such container. CONTAINER CHARGE BID: DOLLARS AND CENTS. $ REPLACEMENT OR ADDITIONAL CONTAINER CHARGE BID: DOLLARS AND CENTS. $ 7 RECYCLING A COMMERCIAL METALS (20,MPANY P.O. Box 1046 - Dallas, Texas 75221.1046 01 1991 Kent Austin Assistant to the City Manager City of University Park RE: RFP HOUSEHOLD RECYCLABLE MATERIAL COLLECTION SERVICE This is in response to your request for proposal for.the City of University Park,(herein after referred to as City), by Commercial Metals Company, d/b/a/CMC Recycling (herein after referred to as CMC). CMC's proposal is based upon CMC and the City consummating an agreement (Contract) whereby CMC will provide, curbside collection, processing and marketing of referenced recyclables on a subscription basis. A. QUAUFICATIONS COMPANY NAME: COMMERCIAL METALS COMPANY, d/b/a CMC RECYCUNG ADDRESS: P.O. BOX 1046 DALLAS, TX 75221 7800 STEMMONS FREEWAY DALLAS, TX 75247 TELEPHONE NUMBER: (214) 689-4328 (214) 689-4320 Facsimile NAME OF CONTACT PERSON: WES CONSTABLE COMPANY PROFILE TO INCLUDE EXPERIENCE IN RECYCMNG INDUSTRY CMC was started in 1915 as a single metals recycling facility in Dallas, Texas. Today, CMC is one of the largest recyclers in the United States. In year end 1990, CMC had total Revenues of $1.1 billion, Net Earnings of just under $26 million and Total Assets of $416 million. CMC employs approximately 3,400 people worldwide, including 160 people at corporate headquarters in Dallas, Texas. In 1960 CMC's stock was listed on the American Stock Exchange. in 1982 the listing was changed to the New York Stock Exchange. The current market value of our stock is one quarter of one billion dollars. 7800 Sternmons Fwy. - Dallas, TX 75247- Phone: 214 689-4300 - Fax: 214 689-4320 _ l~ecycl~ Paper _ · eueJe §U!lOXOe~ eq~, u! 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'eldoed 000'0 [ [ peo!~ues lol!d eLLL '6B6 L 'lsn§n¥ u! ude~§oJd dn)lo!d ep!sq~no le!luep!seJ .~ol!d. eppOl:l 'ell!^UOS)lOel' eq~, uo loe~,uoo 8u!sseoo~d eql pep~e~e se~ 01/;10 · op, seld pue ~eded 'SSel§ epnlou! ol se!al!qedeo §u!sseoo~d sa §u!puedxe ue§eq 01/40 '6B6 L Ul · leletu ~o seoe!d pez!s ls~ olu! sel!qoLuolne eloq~ to §u!ppe~qs o~, sleletu ,~o uop,!sodtuoo leo!tueqo eta sez~leue ~,eq~ ~,ueudd!nbe pez!le!oeds ,mesn ol §U!ldOS lenuetu tuo~l §U!ql/Ue^e epnlou! se!~!!qedeo eseq.I. 's~esn pue ol eles ~ol selqeloXoe~ e~ede~d ol se!al!qedeo sa u! enb!un ~,eq~eudos s! se!al!Oet ue^es-/q~!ql eq~, to qoe3 · ueel~not to ,4e',s 6u!le>l~el~i e pue 'sJeeu!6ue leluetuuo~!^u3 pue sseoo~d e^g seq uo!s!^!C) eql 'sluetuldedeo SII~I pue 6u!lunooo¥ pez!le~,ueo o1 uop,!ppe Ul 'eppol4 'ell!^UOS>lOel' ol qlnOS eql sso~oe oo!xel/4 ~eN 'enb~enbnqRf tuoa peleool se!l!l!oe~ ue^es-/qJ!tp, seq pue 'eldoed OgB ,{leleLu!xo~dde s,(oldtue uo!s!^!p etLL 'UO!ll!tU zBg$ ,to senue^e~ peq puc selqeloioe~ to suot O00'~:BB PlOS pue pesseoo~d uo!s!^!O 6U!lOXOeld S.OI/;IO '066 L Ul 'euo s! uo!s!/q.O 6U!lO~Oel:l etp, qo!tl~ ,~o sluetu6es ~no,t ,~o pespdtuoo si 01~10 G. PUBUC EDUCATION AND PROMOTION In addition to general advertisement and promotion of the program each potential subscriber Will receive an brochure explaining the program, its benefits, and specific instructions on participation. CMC will supplement promotional activities with appropriate presentations to civic, church, educational, and neighborhood organization~. Additionally, throughout the contract period, CMC will institute educational programs to increase awareness and participation. CMC will promote news media coverage on all aspects of the curbside program to develop public interest and enthusiasm. H. SMU CAMPUS RECYCUNG PROGRAM CMC will work with the city to provide recycling services to the SMU campus. In addition to the type services as described in this RFP for residential customers, the potential for both scheduled and permanent drop off centers can be evaluated. In areas of high volume appropriate container/pick up service can be an option. Both commingled and source separated systems should be investigated. CMC would propose a joint evaluation with the City to develop the most economical and efficient service program for the SMU campus. !. FINANCIAL Appropriate bid sheets are attached. Per agreement in Pre-Bid Conference 2/22/91 all prices are quoted without sales tax. Customers will be billed semiannually. Submitted by: Wes Constable Director CMC Recycling - ! Recycled Paper Ae CITY OF UNIVERSITY PARK HOUSEHOLD RECYCLABLES MATERIAL COLLECTION SERVICE BID SHEET i ALLEY SERVICE To provide weekly cOmmingled collection services of specified recyclable materials from the alley to such households located in the City of University Park which. voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public al. ley. ALLEY BID: ........ One- DOLLARS AND eiqhty-five .............. CENTS. $ 1.85 ,~HOUSEHOLD/MONTH. CURBSIDE SERVICE (To be provided only if alley service proves physically impossible) To provide weekly commingled collection services of specified recyclable materials from the curbside to such households located in the City of University Park which voluntarily participate in the proposed recycling program and which are currently provided sanitation collection from the public alley. CURBSIDE BID: ........ ~0ne-' DOLLARS AND eighty-five- - ..... CENTS. $1.85 /HOUSEHOLD/MONTH. Ce PACK-OUT SERVICE TO provide weekly commingled collection service of specified recyclable materials from a location behind the front building line to such households located in the proposed recycling program and which .are currently provided "pack-out" sanitation collection from the utility easement. Contractor must place all recycling bins behind the front building line after collection. PACK-OUT BID: i .......... Three DOLLARS AND seventy-- ---- CENTS. $ 3.70 ./HOUSEHOLD/MONTH. De SETUP CHARGE- In the space below indicate any setup charge needed to initiate service to a subscribing household. DOLLARS SETUP CHARGE BID: None · AND CENTS. $ ,.. · ) CITY OF UNIVERSITY PARK CONTAINER CHARGE ; In the space below indicate any container charge required to supply subscribing households with an 18-gallon reusable storage container. Also indicate the replacement cost to the subscriber for such container. CONTAINER CHARGE BID: Four .... ' .......... DOLLAf~ AND eighty-.five .............. CENTS. $ 4.85 . REPLACEMENT OR ADDITIONAL CONTAINER CHARGE BID: Four .............. DOLIJkRS A/iD eighty-five ...... CENTS. $ 4.86 . 7 ORDINANCE NO. 9 .]/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 11, SECTIONS 3 AND 4, TO PROVIDE FOR WATER SERVICE CHARGES AND SEWER SERVICE CHARGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Sections 3 and 4, of the Code of Ordinances of the city of University Park be, and the same are hereby, amended in part as follows: "Section 3: Water Services Charges. A. The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the City. The minimum monthly rates for all metered water service shall be as follows: (1) (2) (3) (4) (5) (6) (7) For 5/8" or 3/4" meter ............ $ 6.55 For a 1" meter .................... $ 7.15 For a 1%" meter ................... $ 9.30 For 2" meter ...................... $ 11.60 For a 3" meter .................... $ 13.80 For a 4" meter .................... $ 22.75 For a portable meter .............. $105.00 B. Each consumer served during the month shall be entitled to the use of two thousand (2,000) gallons of water paid under the minimum rates hereinabove specified. In any billing period, where the water consumed is in excess of the minimum, the rate shall be two dollars and five cents ($2.05) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be two dollars and five cents ($2.05) per thousand (1,000) gallons of water used. Section 4: Sewer Service Charges A. The following sewer service charges are hereby established: (1) The sewer charge for each single family, duplex or multi- family dwelling shall be included in the water bill and calculated as follows: (a) ... (b) ... (c) ... (d) There shall be an eleven dollar and seventy-five cent ($11.75) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at one dollar and seventy-five cents ($1.75) per thousand gallons-per month-per unit for the sewer fee. (f) ... (g) ... (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) An eleven dollar and seventy-five cents ($11.75) minimum up to two thousand (2,000) gallons of water used per month; and (b) One dollar and seventy-five ($1.75) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. (3) For service to Southern Methodist University, one dollar and seventy-five cents ($1.75) per one thousand (1,000) gallons of water used per month, but the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 20th day of March, 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/KMW 3/17/91 ORDINANCE NO . 91 / 3 AN ORDINANCE WHEREBY THE CITY OF UNIVERSITY PARK, TEXAS, AND SOUTHWESTERN BELL TET.RPHONE COMPANY AGREE TO EXTEND THE TERM OF THE ORDINANCE PASSED ON NOVEMBER 5, 1956, AND TO AMEND SECTION 7 OF SAID ORDINANCE TO PROVIDE FOR THE CASH CONSIDERATION TO BE PAID TO THE CITY BY SOUTHWESTERN BELL TELEPHONE COMPANY DURING SUCH EXTENDED TERM. WHEREAS, the City of University Park, Texas, hereinafter referred to as the "City", has requested that Southwestern Bell Telephone Company, hereinafter referred to as the "Telephone Company", agree to an extension of the term of the Ordinance passed on November 5, 1956, and to continue to make payments of municipal fees to the City; and WHEREAS, the Telephone Company and the City have agreed to amend Section 11 of said Ordinance to extend the term of said Ordinance; and WHEREAS, the Telephone Company and the City have agreed to amend Section 7 of said Ordinance to provide for the municipal fees to be paid by Telephone Company to the City during the extended term of said Ordinance; and WHEREAS, it is to the mutual advantage of both the City and the Telephone Company that such amendments be adopted: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: Section 1. The Ordinance passed by the City on November 5, 1956, and accepted by the Telephone Company, a copy of which is attached hereto as Exhibit A and incorporated herein for all purposes by this reference, shall remain in full force and effect as originally passed except as said Ordinance is amended by this Ordinance. Section 2. Section 11 of said Ordinance entitled Period of Time of This Ordinance -- Termination is hereby amended to read as follows: This ordinance shall be in force and effect from January 1, 1991, through December 31, 1991, to give - Page 1 - the City and the Telephone Company additional time to negotiate a new ordinance. Section 3. Section 7 of said Ordinance entitled Annual Cash Consideration To Be Paid by the Telephone Company is hereby amended to read as follows: To indemnify the City for any and all possible damage to its streets, alleys, and public grounds which may result from the placing and maintenance therein or thereon of Telephone Company's poles, conduits, or other telephone equipment or apparatus, and to compensate the City for its superintendence of this Agreement, and as the consideration for same, the Telephone Company agrees to pay the City a sum of money, hereinafter referred to as the "Cash Consideration", equal to four percent (4%) of the gross receipts received during the term of this Ordinance by the Telephone Company from the rendition of certain services provided by Telephone Company to its customers located within the corporate limits of the City, as described in Exhibit B attached hereto and incorporated herein for all purposes by this reference. The description of services in Exhibit B illustrate the source of revenues upon which the Cash Consideration is calculated. It is understood and agreed that the revenue and account codes do not enlarge upon or otherwise create any right in the City or obligation upon Telephone Company to pay on revenues not otherwise described. It is further understood and agreed that the Account Codes, Services and Revenue Codes listed in Exhibit B are not intended ~o limit or restrict the amount of any payments which were required by any prior ordinance and the City by passing this Ordinance is not bound by such listing except for payments made pursuant to this Ordinance. Section 4. The Telephone Company shall have thirty (30) days from and after the passage and approval of this Ordinance to file its written acceptance hereof with the City Secretary, and upon such acceptance being filed, this Ordinance shall take effect and be in force on and after January 1, 1991. - Page 2 - Passed and approved following the 2nd day of April ~~gD.. ~r el%%±l~h e r e ° f~ ~it~ of University Park, Texas ATTEST: City Secretary I, Bobbie H. Sharp , City Secretary of the City of University Park, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance Number 91/3, finally passed and approved by the City Council of University Park, Texas, following the 1st reading thereof at a regular meeting held on the 2nd day of April , 1991. City Secretary - Page 3 - THE CITY OF UNIVERSITY PARK EXHIBIT B PAGE 1 OF 2 The description of services set out below illustrates the source of revenues upon Which the Cash Payment is to be calculated under the Ordinance passed on November 5, 1956, during its extension through December 31, 1991. ACCOUNT DESCRIPTION REVENUE CODES LOCAL EXCHANGE AND MESSAGE SERVICE TELEPHONE EXCHANGE 5001.111 BUSINESS RECURRING 0098 0166 0167 0348 5001.112 BUSINESS MESSAGE CHARGES 0256 1427 5001.113 BUSINESS NON-RECURRING 0290 0291 5001.31 BUSINESS SUBJECT TO REFUND 1470 1478 5001.121 RESIDENCE RECURRING 0111 0168 5001.122 RESIDENCE MESSAGE CHARGES 0258 1428 5001.123 RESIDENCE NON-RECURRING 0088 0292 5001.32 RESIDENCE SUBJECT TO REFUND 1471 1479 5001.131 SEMIPUBLIC RECURRING 0115 5001.132 SEMI-PUBLIC NON-RECURRING 0089 5001.33 SEMIPUBLIC SUBJECT TO REFUND 1472 1480 1190.2195 USF TEL-ASSISTANCE 1187 1191 RECURRING (DR) OTHER EXCHANGE 5001.211 BUSINESS RECURRING 0146 0237 1048 5001.212 BUSINESS MESSAGE CHARGES 0316 5001.213 BUSINESS NON-RECURRING 0086 0320 1050 5010.31 PRIVATE COIN RECURRING 0108 5010.32 PRIVATE COIN MESSAGE CHARGES 0326 5010.33 PUBLIC PRIVATE NON-RECURRING 0224 5060.21 976/PUBLIC ANNOUNCEMENT - 0143 0219 1256 RECURRING .976/PUBLIC ANNOUNCEMENT - MESSAGE CHARGES 976/PUBLIC ANNOUNCEMENT NON-RECDRRING 5060.22 5060.23 AUXILIARY 5060.1111 5060.1112 5060.1121 5060.1122 5060.1131 5060.1132 5060.121 5060.1411 5050.11 5050.i2 5050.21 BUSINESS RECURRING BUSINESS NON-RECURRING RESIDENCE RECURRING RESIDENCE NON-RECURRING SEMIPUBLIC RECURRING SEMIPUBLIC NON-RECURRING PUBLIC ANNOUNCEMENT RECURRING BUSINESS RECURRING (Egll) CUSTOMER PREMISES - BUSINESS RECURRING CUSTOMER PREMISES-BUSINESS NON-RECURRING CUSTOMER PREMISES - RESIDENCE RECURRING 0356 0090 0213 1137 0119 1057 1128 1207 0076 1058 1130 0077 1059 1132 0078 0109 1079 1105 1080 1106 1107 EXHIBIT B PAGE 2 OF 2 ACCOUNT DESCRIPTION AUXILIARY (CONTINUED) 5050.22 5050.31 5050.32 CUSTOMER PREMISES-RESIDENCE NON-RECURRING CUSTOMER PREMISES - SEMIPUBLIC RECURRING CUSTOMER PREMISES-SEMIPUBLIC NON-RECURRING LOCAL PRIVATE LINE 5040.221 5040.222 VOICE GRADE RECURRING VOICE GRADE NONRECURRING PUBLIC TELEPHONE 5010.11 5010.12 5010.21 PUBLIC SENT PAID PUBLIC NON SENT PAID SEMIPUBLIC SENT PAID DIRECTORY ASSISTANCE 5060.411 5060.412 5060.413 BUSINESS RESIDENCE PUBLIC DIRECTORY REVENUES 5230.11 5230.12 5230.13 5230.4 5230.911 5230.912 5230.99 BUSINESS EXTRA LISTINGS/ADV RESIDENCE LISTINGS SEMIPUBLIC COIN & PUBLIC ANNOUNCEMENT LISTINGS DIRECTORY SALES TO CUSTOMERS NONPUBLISHED, NONLISTED BUSINESS NONPUBLISHED, NONLISTED RESIDENCE MUNICIPAL FEE ADDITIVE OTHER REGULATED REVENUES 5264.21 5264.29 5264.299 7110 UNCLAIMED REFUNDS SPECIAL BILL ARRANGEMENT MISCELLANEOUS CUSTOM WORK LESS UNCOLLECTABLES REVENUE CODES 1108 1109 1110 0130 0313 0315 0350 0142 0324 0260 0104 0084 0338 0071 0244 0080 0081 0082 0246 1419 1468 1420 1469 0289 0199 0200 0201 0198 ORDINANCE NO. 91 / 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 8, LOT 9, AND THE EAST 15 FEET OF LOT 10, BLOCK 12, IN THE TROTH'S UNIVERSITY PARK ESTATES ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4012 GLENWICK LANE, FOR KITCHEN, COOKING AND FOOD PREPARATION FACILITIES IN ANACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and map should be amended accordingly; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the zoning map of the City of University Park so as to grant a specific use permit for kitchen, cooking, and food preparation facilities in a two-story accessory building to be occupied by full-time domestic servants or immediate family members on the property described as Lot 8, Lot 9, and the East 15 feet of Lot 10, Block 12, of Troth's University Park Estates Addition, an addition to the City of University Park, Dallas County, Texas, according to the map or plat thereof recorded in volume 2, page 277, of the Map Records of Dallas County, Texas, and known as 4012 Glenwick Lane, University Park, Texas. SECTION 2. That the granting of this zoning classification is subject to the special condition that such accessory building on the property shall not be used for rental purposes or barter exchange, shall be occupied only by immediate family members and/or full-time domestic servants, shall be constructed in accordance with the site plan submitted by the owner with his zoning application and shall be restricted to single-family residential uses only, all in accordance with the Comprehensive Zoning Ordinance of the City of University Park. SECTION 3 That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of April , 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/kmw 3/21/91 ORDINANCE NO . 91 / 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT TO CONSTRUCT A PRIVATE TENNIS COURT, LIGHTING, AND A FENCE ON THE PROPERTY DESCRIBED AS LOT 2, BLOCK 3, OF THE UNIVERSITY PARK ESTATES REVISED ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 6601 HUNTERS GLEN; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and held due hearings ~and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and map should be amended accordingly; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive University Park, Texas, be, Zoning Ordinance of the City of and the same is hereby, amended by amending the zoning map of the City of University Park so as to grant a specific use permit for a private tennis court, lighting and a fence in the rear yard of the property described as Lot 2, Block 3, of the University Park Estates Revised Addition, an addition to the City of University Park, Dallas County, Texas, and known as 6601 Hunters Glen, University Park, Texas. SECTION 2. That the granting of this zoning classification is subject to the site plan submitted with the application and the following special conditions: A. The property owner shall be required to maintain the landscaping on the South side of the property. B. The installation of lighting for the private tennis court shall be approved by the building department. C.The property owner shall not be permitted to use the tennis court lights after 11:00 P.M. SECTION 3 That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of April , 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/kmw 3/21/91 ORDINANCE NO . 91 / 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE FOLLOWING DESCRIBED PROPERTY TO UC-2, UNIVERSITY CAMPUS DISTRICT BY AMENDING THE ZONING DISTRICT MAP, SAID PROPERTY BEING DESCRIBED AS LOTS 11- 20, BLOCK 2, LOTS 7-11, BLOCK 3, LOTS 1-14, BLOCK 5, OF THE EAST UNIVERSITY PLACE ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS THE 2800 AND 2900 BLOCKS OF BINKLEY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the city Council of the city of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and map should be amended accordingly; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the zoning map of the City of University Park so as to change the zoning on the property described as Lots 11-20, Block 2, Lots 7-11, Block 3, Lots 1-14, Block 5 of the East University Place Addition, an addition to the City of University Park, Dallas County, Texas, and commonly known as the 2800 and 2900 Blocks of Binkley, to UC-2, University Campus District. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of April , 1991. APPROVED: ~YOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY RLD/kmw 3/21/91 ORDINANCE NO. 91 / 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SECTION 8-607 (4) TO ALLOW THE CONSTRUCTION OF FENCES ON MUNICIPAL PROPERTY TO A HEIGHT OF EIGHT (8) FEET; PERMITTING CONSTRUCTION OF A FENCE IN THE REQUIRED FRONT YARD; AMENDING SECTION 20-400 TO ADD SUBSECTION (7) INADVERTENTLY OMITTED FROM ORDINANCE 90/30; ADDING SUBSECTION (8) TO PROVIDE PARKING REQUIREMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and held due hearings and afforded a full and fair hearing to all property owners generally, and the City Council of the City of University Park is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended accordingly; NOW, THEREFORE SECTION 1. That the Comprehensive University Park, Texas, be, Zoning Ordinance of the City of and the same is hereby, amended by amending Section 8 to add Section 8-607 (4) as follows: "8-607 LOCATION AND REQUIREMENTS FOR FENCING (4) Fences and walls constructed on or around municipal facilities may be constructed in the required front set back area and may exceed required heights up to eight (8) feet when deemed necessary for the safety or protection of the facilities." SECTION 2. That the Comprehensive University Park, Texas, be, Zoning Ordinance of the City of and the same is hereby, amended by amending the Section 20-400 to add subsections (7), inadvertently omitted from Ordinance 90/30, and a new subsection (8) as follows: "20-400 OTHER REGULATIONS (7) A proposed new building in excess of forty thousand (40,000) square feet in area or any proposed new use requiring more than two hundred (200) off-street parking spaces under the Comprehensive Zoning Ordinance shall be permitted only in a Planned Development District under the terms of Section 22. (8) The parking requirements for uses in the SC district shall be one space for each two hundred fifty (250) gross square feet of floor area." SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby,~ shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of April 1991 APPROVED: ATTEST: CITY SECRETARY CITY ATTORNEY RLD/kmw 3/25/91 ORDINANCE NO. 91/8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 1, SECTION 19, "PARK AND RECREATION REGULATIONS", BY AMENDING SUBSECTION I (3) (a) (ii) TO PROVIDE PERMIT FEES FOR USE OF THE SWIMMING POOL BY DAY CARE CENTERS; AMENDING SECTION 19 BY ADDING SUBSECTION L TO PROHIBIT GOLFING IN PARKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 1, Section I9, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended in part by amending subsection (3) (a) (ii] to read as follows: "(3) Permits (a) Fees {ii) All day care centers located in City of University Park may students pass for payment subject have in purchase an annual pass for teachers and six (6) years of age or under. The annual each day care center shall be issued upon of a fee of $300.00. Use of the pass is to the condition that the day care center attendance at the swimming pool during any time the pass is being used at least one teacher for each five students who are using the pool at the time. The permit is subject to the further limitation that the students and teachers may only use the pool between the hours of 10:00 a.m. and 3:00 p.m. All non-resident students of such day care centers in the City of University Park who are seven years of age or older shall pay a fee of $5.00 each per day and shall be subject to the same time limitation and supervision ratio required for the day care center for resident students." SECTION 2. That Chapter 1, Section 19, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended in part by adding Subsection L to read as follows: "L. Golfing In The Parks No person shall play or practice the game of golf in any City park." SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of May , 1991. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY RLD/kmw 5/1/91 CITY SECRETARY ORDINANCE NO. 91/9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING IN THE 3800 AND 3900 BLOCKS OF VILLANOVA AND THE 3800 AND 3900 BLOCKS OF WENTWOOD ON SUNDAYS BETWEEN THE HOURS OF 8:00 A.M. AND 12:00 NOON; PROVIDING FOR THE ERECTION OF TEMPORARY SIGNS; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Whereas, Chief of Police is empowered to conduct investigations of traffic conditions and develop ways and means to improve such conditions; and Whereas, parking in the 3800 and 3900 blocks of Villanova and Wentwood on Sundays between 8:00 a.m. and 12:00 noon creates a hazardous traffic condition; and Whereas, the Chief has determined that it is desirable to provide a temporary no parking zone in the 3800 and 3900 blocks of Villanova and Wentwood on Sundays between 8:00 a.m. and 12:00 noon to accommodate the parking of persons attending Park Cities Baptist Church; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That no person shall leave, stand or park any motor vehicle on the south side of the 3800 and 3900 blocks of Villanova or, on alternate sides of the street, in the 3800 and 3900 blocks of Wentwood on Sundays between 8:00 a.m. and 12:00 noon. The Chief of Police is hereby empowered to alternate the no parking prohibition between the north and south sides of the 3800 and 3900 blocks of Wentwood on alternate Sundays. SECTION 2. That the no parking prohibition set out in Section 1. above is temporary during the hours set out above and shall have no effect on parking regulations in such locations at other times. SECTION 3. The Chief of Police is hereby empowered to supervise the erection and maintenance of appropriate signs and markings indicating the prohibitions set out herein, provided however, that such signs and markings shall be in place only during the hours of such prohibition and shall not be permanently affixed at the designated locations. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction of the Municipal Court of the City of University Park shall be fined in an amount not to exceed Two Hundred Dollars ($200.00) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide, subject to the requirement that the signs designating the no parking zones be in place so as to be readily observable at all times during such hours. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of June, 1991. ATTEST: CITY SECRETARY CITY ATTORNEY RLD/kmw 5/31/91 ORDINANCE NO . 91 / 10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 11, SECTION 6C; PROVIDING DEFINITIONS; PROVIDING FOR ADMINISTRATION OF A CROSS-CONNECTION CONTROL PROGRAM; PROVIDING REQUIREMENTS FOR CROSS-CONNECTIONS; REQUIRING BACKFLOW PREVENTION DeviceS; REQUIRING PERIODIC TESTING; REQUIRING RECORDS AND REPORTING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Section 6C of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "C CROSS-CONNECTION BETWEEN CITY WATER SUPPLY SYSTEM AND OTHERS PROHIBITED (1) Purpose (a) The purpose of the City cross-connection control program is to protect the public potable water supply from the possibility of contamination or pollution which might result from the physical cross connection between the water service and any other source of supply by isolating, within the customer's internal distribution system, such contaminants or pollutants which could back flow or back siphon into the public water system. (b) The program will promote the elimination or control of the existing cross-connections, actual or potential, between the potable water system and the non-potable systems. (c) The program will provide for the maintenance of a continuing program of cross-connection control which will effectively prevent the contamination or pollution of all potable water system by cross- connection. (2) The authority for such Program is the Federal Safe Drinking Water Act of 1974 and the various statutes and codes of the State of Texas which require that the water purveyor has the primary responsibility for preventing water from unapproved sources, or from any other substances from entering the public potable water system. Further authority is the code and ordinances of the City together with the rules and regulations adopted by the water department. (3) Responsibility The Director of Public Works shall be responsible for the protection of the public potable water distribution system of the City. The Director shall protect the system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, under the codes and ordinances of the City, an approved backflow device is required at the City's water service connection to any customer's premises, the Director or his designated representative shall give notice in writing to the customer to install an approved backflow prevention device at each service connection to his premises. The customer shall, within ninety (90) days, install such approved device or devices at his own expense, and failure or refusal on the part of the customer to install said device or devices within 90 days shall constitute grounds for discontinuance of water service to the premises until such device or devices have been properly installed. (4) It shall be unlawful and an offence for any customer or consumer of water in the City to maintain any physical cross- connection between the water service received from the City and any other source of water or water supply. (5) Definitions (a) "Approved" shall mean accepted by the Director of Public Works as meeting an applicable specification stated or cited in this section or as suitable for the proposed use. (b) "Auxiliary Water Supply" shall mean any water supply, on or available, to the premises other than the City's approved public potable water supply. (c) "Backflow" shall mean the flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of the potable water supply from any source other than its intended source. (d) "Backflow Preventer" shall mean a device or means designed to prevent backflow or back-siphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bibb vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop. (e) "Air Gap" shall mean a physical separation sufficient to prevent backflow between the free- flowing discharge end of the potable water system and any other system. It is physically defined as a distance equal to twice the diameter of the supply side pipe diameter, but never less than one (1) inch. (f) "Atmospheric Vacuum Breaker" shall mean a device which prevents back-siphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system (g) "Barometric Loop" shall mean a fabricated piping arrangement rising at least thirty five (35) feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against back-siphonage. (h) "Double Check Valve Assembly" shall mean an assembly of two (2) independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. (i) "Double Check Valve with Intermediate Atmosphere Vent" shall mean a device having two (2) spring loaded check valves separated by an atmospheric vent chamber. (j) "Hose Bibb Vacuum Breaker" shall mean a device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker. (k) "Pressure Vacuum Breaker" shall mean a device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. The device includes tightly closing shut-off valves on each side of the check valves and properly located each side of the check valves and containing properly located test cocks for the testing of the check valves. (1) "Reduced Pressure Principle Backflow Preventer" shall mean an assembly consisting of two (2) independently operating approved check valves with an automatically operating differential relief valve located between the two (2) check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve. (m) "Residential Dual Check" shall mean an assembly of two (2) spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. It is generally employed immediately downstream of the water meter to act as a containment device. (n) "Backpressure" shall mean a condition in which the owner's system pressure is greater than the suppliers system pressure. (o) "Back-siphonage shall mean the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system. (p) "Commission" shall mean the State of Texas Water Supply and Pollution Control Commission. (q) "Containment" shall mean a method of backflow prevention which requires a backflow prevention device at the water service entrance. (r) "Contaminant" shall mean a substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease. (s) "Cross-connection" shall mean any actual or potential connection between the public water supply and a source of contamination or pollution. (t) "Department" shall mean the City of University Park Water Department. (u) "Fixture Isolation" shall mean a method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water service entrance. (v) "Owner" shall mean any person who has legal title to, or license to operate, or inhabit, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present. (w) "Person" shall mean any individual, partnership, company, public or private corporation, political subdivision or agency of the State, or any department, agency or instrumentality of the United States or any other legal entity. (x) "Permit" shall mean a document issued by the Department which allows the use of a backflow preventer. (y) "Pollutant" shall mean a foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use. (z) "Water Service Entrance" shall mean that point in the owner's water system beyond the sanitary control of the City; generally considered to be the outlet end of the water meter and always before any unprotected branch. (aa) "Director of Municipal Services" shall mean the Director in charge of the Department of Public Works or his designated representative. (6) Administration (a) The Director of Municipal Services is vested with the authority and responsibility for the implementation of cross-connection control program and for the enforcement of the provisions of this Section. (b) The Department will operate a cross-connection control program, to include the keeping of necessary records which fulfill the requirements of the Commission's regulations and are approved by the Commission. (c) The Owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and the Commission's Regulations if a cross-connection is permitted. (d) If the Department requires that the public supply be protected by containment, the Owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose. (7) The Owner may utilize public health officials or personnel from the Department, or their designated representatives, to assist him in the survey of his facilities and to assist him in the selection of proper fixture outlet devices, and the proper installation of these devices. Requirements (a) On new installations, the Department will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, will issue a permit, and perform inspection and testing. In any case, a minimum of a dual check valve will be required in any new construction. (b) For premises existing prior to the start of this program, the Department will perform evaluations and inspections of plans and/or premises and inform the Owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ninety (90) days will be allowed for the correction; however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in questions. (c) The Department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to insure satisfactory operation. (d) The Department shall inform the Owner by letter, of any failure to comply, by the time of the first re- inspection. The Department will allow an additional fifteen (15) days for the correction. In the event the Owner fails to comply with the necessary correction by the time of the second reinspection, the Department will inform the Owner by letter that the water service to the Owner's premises will be terminated within a period not to exceed five (5) days from the date such letter is sent to the Owner. In the event that the Owner informs the Department of extenuating circumstances as to why the correction has not been made, a time extension may be granted by the Department, but in no case will such extension exceed an additional thirty (30) days. (e) If the Department determines at any time that a serious threat to the public health exists, the water service may be terminated immediately. (8) (f) The Department shall have on file a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the Owner of the building or property. (g) The Department will begin initial premise inspections to determine the nature of existing or potential hazard during the calendar year 1991. Owner (a) The Owner shall be responsible for the elimination or protection of all cross-connections on his premises. (b) The Owner, after having been informed by a letter from the Department, shall, at his expense, install, maintain, and test, or have tested, any and all backflow preventers on his premises. (c) The Owner shall correct any malfunction of the backflow preventer which is revealed by periodic testing. (d) The Owner shall inform the Department of any proposed or modified cross-connections and also any existing cross-connections of which the Owner is aware but which have not been found by the Department. (e) The Owner shall not install a by-pass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary to allow testing to take place. (f) The Owner shall install backflow preventers in a manner approved by the Department. (g) The Owner shall install only backflow preventers approved by the Department. (h) Any Owner having a private well or other private water source, must have a permit if the well or source is cross-connected to the Department's system. Permission to cross-connect may be denied by the Department. The Owner may be required to install a backflow preventer at the service entrance if a private water source is maintained even if it is not cross-connected to the Department' s system. (i) In the event Department's side of the backflow preventer such plumbing must have its own backflow preventer. (j) The Owner shall be responsible for the payment of all fees for permits, annual or semi-annual device testing, re-testing in the case that the device fails to operate correctly, and second re- installations for non-compliance with Department or Commission requirements. (9) Degree of Hazard The Department recognizes the threat to the public water system arising from cross-connections. Ail threats will be classified by degree of hazard and will require the installation of approved reduced pressure principle backflow prevention devices or double check valves. (10) Existing in-use backflow prevention devices Any existing backflow preventer shall be allowed by the Department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present. (11) Periodic Testing (a) Reduced pressure principle backflow devices shall be tested and inspected at least annually. (b) Periodic testing shall be performed by the Department's certified tester or his designated representative. This testing will be done at the owner's expense. (c) The testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of the owner, may require additional charges to cover the increased costs to the Department. (d) Any backflow preventer which fails during a periodic test will be repaired or replaced by the owner. When repairs are necessary, upon completion of the repair the device will be re-tested at the Owner's expense to insure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than thirty (30) days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two (2) devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices and is strongly recommended when the owner desires such continuity. (e) Backflow prevention devices will be tested more frequently than specified in A. above in cases where there is a history of test failures and the Department feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner. (12) Records and Reports (a) Records The Department will initiate and maintain the following: 1. Master files on customer cross-connection tests and/or inspections. 2. Copies of lists and summaries supplied to the Commission. (b) Reports The Department will submit the following to the Commission: 1. Initial listing of low hazard cross- connections. 2. Initial listing of high hazard cross- connections. 3. Annual update lists of items 1 and 2 above. 4. Annual summary of cross-connection inspections." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of~ June , 1991. APPROVED: ATTEST: CITY SECRETARY As To CITY ATTORNEY RLD/kmw 5/20/91 ORDINANCE N0. 91/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE UTILITY EASEMENT LYING ADJACENT AND TO THE SOUTH OF LOT 5, BLOCK 10, BROOKSIDE ESTATES, AN ADDITION TO THE CITY OF UNIVERSITY PARK, TEXAS, IN FAVOR OF LAURIE SANDS HARRISON, THE OWNER OF THE ABUTTING LOT 5, FOR AND IN CONSIDERATION OF THE SUM OF $13,000.00; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED IN FAVOR OF LAURIE SANDS HARRISON; AND PROVIDING AN EFFECTIVE DATE. Whereas, the hereinafter described utility easement in the City of University Park, Texas, is no longer needed or necessary for public purposes; and Whereas, the city has obtained an appraisal of the fair market value of such easement; and Whereas, the city Council has determined that Laurie Sands Harrison, the abutting property owner, owns the underlYing fee simple title; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That the following described easement in the City of University Park, Texas, is no longer needed or necessary for use by the city or the public utilities and should be abandoned in favor of the abutting property owner, Laurie Sands Harrison, said easement being described as follows, to wit: Being a tract of land of approximately 3000 square feet and being a utility easement heretofore dedicated to the City of University Park, Texas, more particularly described as follows: Beginning at the southwest corner of Lot 5, Block 10, Brookside Estates, an addition to the City of University Park, Dallas County, Texas, thence in a southerly direction along the line and in the direction created by the west property line of said Lot 5 a distance of 15 feet to a point for corner; thence 200 feet easterly parallel to the south property line of said Lot 5 to a point for corner; thence northerly 15 feet to the southeast corner of said Lot 5; thence westerly 200 feet parallel to the southerly boundary of said Lot 5 to the place of beginning, and containing 3000 square feet more or less. SECTION 2. That the city has obtained an appraisal of the fair market value of said tract described above of $13,000.00. That for and in consideration of the payment of $13,000.00 cash to the City of University Park by Laurie Sands Harrison, the owner of Lot 5, the above described easement is hereby abandoned in favor of Laurie Sands Harrison. SECTION 3. That the easement being abandoned herein in favor of Laurie Sands Harrison, the owner of the abutting property and the underlying fee simple, shall extend only to the public right, title and interest in and to said easement and shall be construed to extend only to the interest that the City Council of the City of University Park may legally and lawfully abandon. SECTION 4. That this abandonment ordinance shall constitute a quitclaim deed in favor of Laurie Sands Harrison, the owner of the abutting property and the underlying fee simple, and a certified copy hereof may be filed for record in the deed records of Dallas County, Texas, to indicate such abandonment. SECTION 5. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of June, 1991. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY RLD/jd 5/31/91 CITY SECRETARY ORDINANCE NO . 91 / 12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 4000 BLOCK OF NORMANDY STREET FROM A POINT 200 FEET EAST OF ITS INTERSECTION WITH PRESTON ROAD TO ITS INTERSECTION WITH CONNERLY DRIVE; PROHIBITING PARKING ON THE SOUTH SIDE OF THE 6000 BLOCK OF CONNERLY DRIVE FROM THE POINT OF ITS INTERSECTION WITH NORMANDY STREET EASTWARD TO THE POINT OF ITS INTERSECTION WITH ST. ANDREWS DRIVE; PROVIDING A TWENTY MINUTE PARKING LIMIT ON THE WEST SIDE OF THE 6900 AND 7000 BLOCKS OF WESTCHESTER FROM A POINT TWO FEET NORTH OF THE NORTH CURB OF THE 4100 BLOCK OF HYER EXTENDED WESTWARD TO A POINT TWO FEET SOUTH OF THE SOUTH CURBLINE OF THE 4100 BLOCK OF HYER EXTENDED WESTWARD; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Chief of Police is empowered to conduct investigations of traffic conditions and develop ways and means to improve such conditions; and WHEREAS, the Chief of Police has determined that it is desirable to provide twenty minute temporary parking on the west side of the 6900 and 7000 Blocks of Westchester and to prohibit parking on the south side of the 6000 Block of Connerly from Normandy to St. Andrews and on the south side of the 4000 Block of Normandy from Preston to Connerly; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That no person shall leave, stand or park any motor vehicle on the south side of the 4000 Block of Normandy Street from a point 200 feet east of the intersection of Normandy Street and Preston Road eastward to the intersection of Normandy Street and Connerly Drive at any time. SECTION 2. That no person shall leave, stand or park any motor vehicle on the south side of the 6000 Block of Connerly Drive from the point of its intersection with Normandy Street eastward to the point of its intersection with St. Andrews Drive at any time. SECTION 3. That no person shall leave, stand or park any motor vehicle on the west side of the 6900 and 7000 Blocks of Westchester between a point two feet north of the north curb of the 4100 Block of Hyer extended westward to a point two feet south of the south curb of the 4100 Block of Hyer extended westward for any period longer than twenty minutes. SECTION 4. The Chief of Police is hereby empowered to supervise the erection and maintenance of appropriate signs and markings indicating the prohibitions or limits set out herein, and to designate the temporary parking zone on Westchester with three head-in parking spaces. SECTION 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide, subject to the requirement that the signs designating the no parking or restricted parking zones be in place so as to be readily observable at all times. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of July , 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/j d 5/31/91 ORDINANCE NO. 91/13 A 6886 16.00 DEED 2 2 09/16/91 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE RIGHT-OF-WAY OF WINDSOR LANE IN THE JOHN SCURLOCK SURVEY ABSTRACT NO. 1351 IN THE CITY OF UNIVERSITY PARK IN FAVOR OF THE ABUTTING PROPERTY OWNERS, WILLIAM T. SOLOMON ET UX GAY F. SOLOMON, IN EXCHANGE FOR THE DEDICATION OF ANALLEY EASEMENT OUT OF THE SAME TRACT OF LAND; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED IN FAVOR OF WILLIAM T. SOLOMON ET UX GAY F. SOLOMON OF SUCH ABANDONED RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the hereinafter described right-of-way of Windsor Lane in the City of University Park, Texas, is no longer needed or necessary for public purposes; and WHEREAS, the City has obtained an appraisal of the fair market value of such right-of-way and of the area of land needed for alley right-of-way out of the same tract; and WHEREAS, the City Council has determined that the fair market value of the alley right-of-way being acquired by the City from the abutting property owners is greater than the fair market value of the right-of-way being abandoned to said abutting property owners, and that an exchange should be made; and WHEREAS, the city Council has determined that William T. Solomon et ux Gay F. Solomon, the abutting property owners, own the underlying fee simple title; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the portion of the right-of-way of Windsor Lane described in Exhibit "A" and shown on Exhibit "B", both attached hereto and made part hereof for all purposes, is no longer needed or necessary for use by the City or the public utilities and should be abandoned in favor of the abutting property owners, William T. Solomon et ux Gay F. Solomon for the consideration described below. SECTION 2. In consideration of the abandonment of the right-of-way described in Exhibit "A", the abutting property owners, William T. Solomon et ux Gay F. Solomon, have agreed to dedicate to the city of University Park, Texas, by subdivision plat, a 12 foot alley easement described in Exhibit "C" and shown on Exhibit "D", both attached hereto and made part hereof for all purposes. SECTION 3. That the city has obtained an appraisal of the fair market value of said tracts and has determined that the fair market value of the tract to be dedicated to the City by subdivision plat is equal to or in excess of the fair market value 91180 0522 of the right-of-way of Windsor Lane to be abandoned by the City and that therefore an equal exchange is appropriate. SECTION 4. That for and in consideration of such exchange, the right-of-way of Windsor Lane described in Exhibit "A" be, and the same is hereby, abandoned by the City of University Park, Texas, in favor of the abutting property owners, William T. Solomon et ux Gay F. Solomon. SECTION 5. That the right-of-way being abandoned in favor of said abutting property owners shall extend only to the public right, title and interest in and to said right-of-way and shall be construed to extend only to the interest that the City Council of the City of University Park may legally abandon. SECTION 6. That this abandonment ordinance shall constitute a quitclaim deed in favor of William T. Solomon et ux Gay F. Solomon, the owners of the abutting property and the underlying fee simple, and a certified copy hereof may be furnished to said abutting property owners upon approval of their subdivision plat which includes permanent dedication of the alley easement described in Exhibit "C", and at such time such certified copy may be filed for record in the deed records of Dallas County, Texas, to indicate such abandonment. SECTION 7. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of July, 1991. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY RLD/jd 6/28/91 9t 180 0523 b?ON RECCRDATiON PLEASE RE!URN TO: SCOF£ V. WIL!.JA~IS ~HOMPSON g,. KNiL~HT 3300 FIRST CITY CENTER 1700 PACifiC AVENUE DALLAS, TEXAS 75201 June 18, 1991 Right-o f-Way Abandonment Windsor Lane City of university Park ~i~i~. ~ Dallas County, Texas to William T. Solomon Being a tract of land situated in the City of University Park, Dallas County, Texas and being part of the John Scurlock Survey Abstract No. 1351 and being part of the right-of-way for Windsor Lane dedicated to the City of University Park by the Plat of Windsor Park Addition an addition to the City of University Park as recorded in Volume 19, Page 231 of the Deed Records of Dallas County, Texas and being more particularly described by as follows: BEGINNING at a 3/8" iron rod found for corner being the southwest corner of a 0.9613 acre tract conveyed to William T. Solomon and Gay F. Solomon as recorded in Volume 91083, Page 3050, Deed Records of Dallas County, Texas; THENCE South 89°30'00'' WeSt with the south line of said 0.9613 acre tract and the north line of Lot 4, Block 1 of said Windsor Park Addition a distance of 1,00 foot to a 1" iron pipe found for corner in the easterly terminus of Windsor Lane, a cul-de-sac (50 foot radius) being the northwest corner of Lot 4, Block 1 of said Windsor Park Addition; THENCE in a northwesterly direction along a curve to the left whose radius is 50.00 feet having a central angle of 53°07'48'' a arc length of 46.36 feet and a chord bearing of North 27°03'54'' West a chord distance of 44.72 feet to a 1/2" iron rod with plastic cap stamped "RLG" set for corner; THENCE North 89°30'00'' East, with the south line of Lot 6, Block 1 of said Windsor Park Addition a distance of 21.23 feet to a 1/2" iron rod with plastic cap stamped "RLG" set for corner being the southeast corner of Lot 6, Block 1 of said Windsor Park Addition; outh 00°10'00'' East with the west line of said 0.9613 acre THENCE S ...... ~ ~. to the POINT OF BEGINNING and ais~ance oi %u.uu ~=~ ~iAng 286.00 square feet or 0.0066 acres of land more or less. 91180 0524 ,j 91 t80 0525 June 18, 1991 12' Alley Dedication to City of University Park Dallas County, Texas Being a tract of land situated in the City of university Park, Dallas County, Texas and being part of the John Scurlock Survey Abstract No. 1351 and being part of a 0.9613 acre tract conveyed to William T. Solomon and Gay F. Solomon as recorded in Volume 91083, Page 3050, Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod with plastic cap stamped "RLG" set for corner being the northwest corner of the aforementioned 0.9613 acre tract and being the southwest corner of Lot 5, Block 3 of the Jenkins Subdivision of Tract 3 Addition an addition to the City of University Park as recorded in Volume 4, Page 245, Deed Records of Dallas County, Texas; THENCE North 89°30'00'' East, with the north line of said 0.9613 acre tract and the south line of said Lot 5 a distance of 70.00 feet to a 1/2" iron rod found for corner being the southeast corner of said Lot 5 and the southwest corner of Lot 4, Block 3 of said Jenkins Subdivision of Tract 3 Addition; THENCE South 00°3~'00'' East, a distance of 12.00 feet to a 1/2" iron rod with plastic cap stamped "RLG" set for corner; THENCE South 89°30'00'' West, a distance of 70.07 feet to a 1/2" iron rod with plastic cap stamped "RLG" set for corner in the west line of said 0.9613 acre tract; THENCE North 00°10'00'' West with the west line of said 0.9613 acre tract a distance of 12.00 feet to the POINT OF BEGINNING and containing 840.00 square feet or 0.0193 acres of land more or less. 91 t80 0526 @AA ' · 6' UTILITY EASEMENT 9I 180 0527 UPON RECORgATION PLEASE R~iR,~ TO~ SCO'Fi' V. "~ ~ THOMPSO,~'~ & KN;GHT 3300 FIRST C~TY CENTER 1700 PACIFIC AVENUE DALES, T~ 75201 ORDINANCE NO. 91/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, RENAMING A PORTION OF A PUBLIC STREET IN THE CITY OF UNIVERSITY PARK FROM CONNERLY DRIVE TO NORMANDY STREET, SUCH PORTION BEING DESCRIBED IN EXHIBIT "A"; PROVIDING FORT HE ERECTION OF SIGNS; .AND PROVIDING AN EFFECTIVE DATE. W~IEREAS, a portion of Connerly Drive in the City, generally from its intersection with Normandy Street to its intersection with St. Andrews Drive, has been known for some time as Normandy; and WHEREAS, it is necessary to enact an ordinance to rename such portion of Connerly Drive to Normandy Street; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the portion of Connerly Drive described herein in Exhibit "A" attached hereto and made part hereof for all purposes be, and the same is hereby, renamed to Normandy Street. SECTION 2. That the Director of Public Works be, and he .is hereby, directed to remove any existing signs to the contrary and erect appropriate street signs giving notice of the naming of this section as Normandy Street. The Director is further ordered to notify the United States Postal Service, existing public utilities and all property owners abutting such section of Normandy Street of the name change enacted hereby. SECTION 3. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide° DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, on the 6th day of August , 1991. APPROVED ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 7-22-91) EXHIBIT "A" A Portlon oZ Connerly Drive City of University Park Being a tract or parcel of land situated in the City of University Park, Dallas County, Texas and being a portion of Connerly Drive (40 feet wide) as dedicated by plat of St. Andrews Addition as recorded in Volume 1, Page 345 Map Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point for corner at the intersection of the northwesterly right-of-way line of St. Andrews Drive (35 feet wide) with the curving southwesterly cut-off line between the southwesterly right-of-way line of Connerly Drive (40 feet wide) and said northwesterly line of St. Andrews Drive; THENCE in a northerly, northwesterly direction along said cut-off line and along a curve to the left whose chord bears North 05'17'15" West having a radius of 25.00 feet, a central angle of 90'00'00" and an arc length of 39.27 feet to the end of said curve to the left; THENCE North 50'17'.50" West along the southwesterly line of said Connerly Drive a distance of 278.23 feet to the beginning of a curve to the left; THENCE in a northwesterly direction continuing along said southwesterly line of Connerly Drive and along said curve to the left having a radius of 120..00 feet, a central angle of 39'25'30" and an arc length of 82.57 feet to the end of said curve to the left and a point for corner in the southerly right-of-way line of Normandy Street (40.00 feet wide); THENCE North 00'17'15" East a distance of 40.00 feet to a point for corner in the northerly line of said Normandy Street; THENCE in a southeasterly direction 40.00 feet northeasterly of and concentric to said southwesterly line of Connerly Drive and along a curve to the right whose chord bears North 70'00'35" East having a radius of 160.00 feet, a central angle of 39'25'30" and an arc length of 110.10 feet to the end of said curve to the right; THENCE South 50'17'50" East along the northeasterly line of said Connerly Drive a distance of 278.23 feet to the beginning of a curve to the left; EXHIBIT "A" PAGE 1 THENCE in a southeasterly, easterly direction along the northeasterly cut-off line between said northeasterly line of Connerly Drive and said northwesterly line of St. Andrews Drive and along said curve to the left having a radius of 25.00 feet, a central angle of 90'00'00" and an arc length of' 39.27 feet to the end of said curve to the left and a point for corner; THENCE South 39'42'45" West along the projected northwesterly line said St. Andrews Drive a distance of 90.00 feet to the POINT OF BEGINNING and containing 16,251 square feet or 0.373 acres, more or less. EXHIBIT "A" PAGE 2 ~C. ALE.: I'~-- lC;O' 12.OA Ig N 0° 1'3' Ir'3' E 40.00' ~, I"Zo.oo ' L-- 8 AI~OI'TION o.~ Acre~ 8 7 · ~,,)'2Uw" \ I~'-- I go.oo' L: I I 0.10' I0 PAGE 3 ORDINANCE NO. 91/15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED PARK, TEXAS: BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIRECTOR FINANCE DIRECTOR OPERATIONS MANAGER ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER PARKS DIRECTOR ASSISTANT FINANCE DIRECTOR PERSONNEL DIR./RISK MGR. DEPUTY FIRE CHIEF POLICE CAPTAIN ASST. TO THE CITY MANAGER SANITATION SUPERINTENDENT QUALITY CONTROL OFFICER BUILDING OFFICIAL GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR ADMIN. ASSISTANT-PARKS TRAFFIC SUPERINTENDENT STREET SUPERINTEDENT WASTEWATER SUPERINTENDENT WATER SUPERINTENDENT ADMIN. ASST.-PUBLIC WORKS PURCHASING BUYER WATER/TAX DEPARTMENT MANAGER CITY SECRETARY E 904 4,581 5,726 6,871 E 904 4,581 5,726 6,871 E 755 3,993 4,991 5,989 E 702 3,784 4,730 5,676 E 611 3,425 4,281 5,137 E 611 3,425 4,281 5,137 E 611 3,425 4,281 5,137 E 594 3,358 4,197 5,037 E 568 3,255 4,069 4,883 E 551 3,188 3,985 4,783 E 516 3,066 3,833 4,599 E 516 3,066 3,833 4,599 E 479 2,904 3,630 4,357 E 421 2,676 3,345 4,013 E 393 2,565 3,206 3,848 E 373 2,486 3,108 3,729 E 366 2,459 3,073 3,688 E 332 2,325 2,906 3,487 E 318 2,269 2,837 3,404 E 318 2,269 2,837 3,404 E 313 2,250 2,812 3,375 E 311 2,242 2,802 3,362 E 311 2,242 2,802 3,362 E 308 2,230 2,787 3,345 E 298 2,191 2,738 3,286 E 298 2,191 2,738 3,286 E 259 2,037 2,546 3,055 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WAREHOUSE MGR. C 56 245 SENIOR COURT CLERK C 55 216 PUBLIC SAFETY DATA SPECIALIST C 54 191 DATA ENTRY CLERK C 54 191 ACCOUNTS PAYABLE CLERK C 54 191 DATA ENTRY -- PAYROLL C 54 191 POLICE SECRETARY C 54 191 SERVICE CENTER SECRETARY C 53 160 1,803 2,172 2,541 1,672 2,015 2,358 1,560 1,879 2,198 1,560 1,879 2,198 1,560 1,879 2,198 1,560 1,879 2,198 1,560 1,879 2,198 1,420 1,711 2,002 LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUh WARRANT OFFICER/BAILIFF L 58 296 LEAD MECHANIC L 58 296 UTILITY FOREMAN L 57 269 ELECT/COMM TECH L 56 245 ENGINEERING TECH L 56 245 BUILDING INSPECTOR L 56 245 TRAFFIC SIGNAL FOREMAN L 56 245 GARDENER I L 55 216 HORTICULTURIST L 55 216 PARKS MECHANIC L 55 216 LAYOUT WELDER L 55 216 MECHANIC WELDER L 55 216 IRRIGATION TECHNICIAN L 55 216 PEST CONTROL OFFICER L 55 216 ANIMAL CONTROL OFFICER L 54 191 DISPATCHER L 54 191 FACILITIES MAINT.TECHNICIAN L 54 191 NIGHT MAINTENANCE WORKER L 54 191 SANITATION CREW LEADER L 54 191 TRAFFIC TECHNICIAN L 54 191 SIGN MAKER L 54 191 UTILITY WORKER II L 54 191 ENVIRONMENTAL INSPECTOR L 53 160 NIGHT MAINT. ASSISTANT L 53 160 TIRE REPAIR TECHNICIAN L 53 160 TRANSFER DRIVER L 53 160 ASSISTANT WAREHOUSE WORKER L 52 143 COMMERCIAL DRIVER L 52 143 GARDENER II L 52 143 LUBE WORKER L 52 143 ENVIRON. BLDG. INSP. L 52 143 UTILITY WORKER III L 52 143 RESIDENTIAL DRIVER L 51 119 SIGN/STREET PAINTER L 51 119 GARDENER III L 50 99 SANITATION HELPER L 50 99 JANITOR L 50 99 2,097 2,527 2,956 2,097 2,527 2,956 1,977 2,382 2,787 1,871 2,254 2,638 1,871 2,254 2,638 1,871 2,254 2,638 1,871 2,254 2,638 1,743 2,099 2,456 1,743 2,099 2,456 1,743 2,099 2,456 1,743 2,099 2,456 1,743 2,099 2,456 1,743 2,099 2,456 1,743 2,099 2,456 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,632 1,966 2,300 1,494 1,800 2,106 1,494 1,800 2,106 1,494 1,800 2,106 1,494 1,800 2,106 1,419 1,710 2,000 1,419 1,710 2,000 1,419 1,710 2,000 1,419 1,710 2,000 1,419 1,710 2,000 1,419 1,710 2,000 1,313 1,581 1,850 1,313 1,581 1,850 1,224 1,475 1,725 1,224 1,475 1,725 1,224 1,475 1,725 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT POLICE OFFICER 2,917 3,071 3,233 2,279 2,399 2,525 2,658 2,798 FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN DRIVER/ENGINEER DRIVER II FIRE INSPECTOR HOSEF~kN PARAMEDIC-LT. PARAMEDIC 3,383 3,561 3,017 3,176 2,869 2,738 2,458 2,587 2,124 2,236 2,723 2,866 2,356 2,478 2,608 $200.00 per month assignment pay $100.00 per month assignment pay 2. PAY PLAN ADMINISTRATION (a) Non-uniformed Pay Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit based on performance. Merit employees will receive an increase on October 1 based on their most recent performance appraisal. Employees with an above average performance appraisal will receive a 3% of mid-point increase. Employees with an outstanding performance appraisal will receive a 5% of mid- point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsi- deration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Effective October 1, 1987, Paramedic-Captain, Paramedic, and EMT positions in the Fire Department are no longer specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic Captain .............. $200.00 per month Paramedic ....................... $100.00 per month EMT ............................. $ 25.00 per month The assignment pay will be in addition to the pay allocated for the firefighter's rank at time of assignment. If, for example, a Hoseman receives training and is assigned as a paramedic, his/her pay would be that of a Hoseman plus $100.00 a month assignment pay. If a Driver/Engineer is assigned to be a Paramedic Captain, he/she will receive the Driver/ Engineer pay and $200.00 a month assignment pay. Subsequently, if a Paramedic Captain decides, for some reason, he/she wishes to discontinue the assignment he/she will then revert back to previous rank and the assignment pay will be discontinued. The same is true if the reassignment is made with cause and/or in the best interest of the department. However, persons holding the rank of Paramedic Captain or Paramedic prior to October 1, 1987 and are removed from their assignment, will be allowed to test for the Driver/Engineer rank; if he/she does not pass the test, he/she will be reclassified to the rank held previous to assignment as a Paramedic or Paramedic Captain. Effective October 1, 1989, Police Officers assigned as Investigators will no longer receive a special assignment pay of $50.00 per month added to base pay. However, those Police Officers assigned as investigators prior to October 1, 1989 shall continue to receive the assignment pay until such time they are assigned elsewhere. 0 Be Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. DIFFERENTIAL INCENTIVE PAY Police Officers and Lieutenants working evening shift will receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift will receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed incentive This plan higher. personnel in the Fire Department shall receive pay for education in fire protection technology. does not include the rank of Section Chief or 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree or 60 hours 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Fire Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond should carry the following incentive pay: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's Degree $75.00 per month basic No Fire Department personnel shall $100.00 per month of incentive pay. receive more than (b) Uniformed personnel in the Police Department with the rank of Patrol Officer are eligible for educational incentive pay as follows: 1. Associate Degree or 60 hrs.undergraduate work $25.00 per month 2. Bachelor's Degree $50.00 per month T~n4f~rm~d personnel in the Police Department with the rank MASTER POLICE OFFICER. The Master Police Officer designation is hereby established for any Police Officers attaining the qualifications set by the Department. The designation would carry a fifty dollar ($50.00) per month increase in salary. The qualifications for this designation are as follows: a. Must have been five (5) years with the Department, or two (2) years with the Department and have an Advanced Certificate; b. Must maintain an average of six (6) on his/her performance evaluations for the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer assignment, the officer must successfully complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation School. If upon attaining the designation of Master Police Officer the officer fails to maintain the above standards, the Chief of Police may reassign the officer to Patrol Officer status, until the officer again meets the standards listed above. 10. EXCESS OF FORTY (40) HOURS. Ail employees, excluding uniformed fire personnel, who are not listed as exempt from overtime under Administrative Order PRS-4 shall receive pay at the rate of one and one half (1 1/2) times of base pay for all hours worked over forty (40) hours per week. Holidays and vacation time will count as work days for the purpose of this section. Sick leave will not count as a work day for the purpose of this section. 11. COMPENSATORY PAY TIME. It is possible to give compensatory pay time as long as the comp time off is given within the pay period in which it is earned. All compensatory time must be approved by the department head and given to the payroll clerk for record keeping. Unless the department head and supervisor certify accrued comp time, no claims will be allowed. 12. APPLICATION OF PAY PLAN. applies only to regular overtime provisions. The pay plan, as outlined above, full-time employees except for the 13. APPROVAL OF CHANGES IN CLASSIFICATION. The City Manager shall have authority to approve all changes in classification, however, the number of classification changes subject to his approval shall not exceed 10% of total employees during FY '90-91. 14. PLAN INTO EFFECT. This ~ended ordinance is effective !0/1/9!~ 15. INTERPRETATION. From time to time, it may be necessary to ORDINANCE NO. 91/16 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE CITY SECRETARY AND BECOMES A PART OF THIS ORDINANCE. ~001 DEED TOTL 6988 O00O000 6669 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1991, and ending September 30, 1992, under full compliance with budgetary requirements of Article 689a-13, Vernon's Annotated Civil Statutes. SECTION II THAT, the preliminary budget was filed in the office of the City Secretary on August 1, 1991, as required by law. SECTION III THAT, a notice of a public hearing for September 3, 1991 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of the budget of the City of University Park is marked and filed in the office of the City Secretary, is attached hereto by reference as Exhibit "A", made a part hereof for all purposes, and adopted as the official budget of the City of University Park, Texas, for the fiscal year beginning October 1, 1991, and ending September 30, 1992. PASSED AND APPROVED this ATTES~ :/ 3rd day_of September,. 1991. ORDINANCE NO. 91/17 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1991 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED UNIVERSITY PARK, TEXAS: BY THE CITY COUNCIL OF THE CITY OF SECTION I THAT, for the year 1991, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1991, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of forty-six and eighty-seven one hundredths cents ($.4687) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3949 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0738 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1991 tax year, the City Council authorizes a general homestead exemption of twenty percent (20%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1991 levy. PASSED AND APPROVED this 3rd day of September, 1991. ATTEST: CITY SECRETARY ORDINANCE NO. 91/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, BY AMENDING CHAPTER 5, SECTION 1, TO ADOPT THE 1991 EDITION OF THE UNIFORM FIRE CODE; AMENDING FIGURE 10.207(a) CONCERNING PERMISSIBLE FIRE LANE TURN-AROUNDS; AMENDING PARAGRAPH 10.313e OF THE 1991 UNIFORM FIRE CODE; AMENDING PARAGRAPH 10.508(b) OF THE 1991 UNIFORM FIRE CODE; AMENDING CHAPTER 5, SECTION 15, OF THE CODE OF ORDINANCES TO DELETE THE REFERENCE TO THE 1988 UNIFORM FIRE CODE; AMENDING CHAPTER 5, SECTION 16, OF THE CODE OF ORDINANCES TO TRANSFER THE SAME TO CHAPTER 6, SECTION 7, OF THE CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 5, Section 1, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending the first sentence of Subdivision A thereof to read as follows: "SECTION 1: UNIFORM FIRE CODE A. ADOPTION The Uniform Fire Code, 1991 Edition, is hereby adopted by the City of University Park, Texas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, including Appendix Chapters I-B, I-C; II-E; III-C and III-D; IV-A and IV-B; V-A; VI-A, VI- B, VI-C, VI-D, VI-E and VI-F; and, the Uniform Fire Code Standards, 1991 Edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended in this sectio~ .... " SECTION 2. That Chapter 5, Section 1, Subdivision G, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended in part as follows: "G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE 0.0 Section 10.207 ( 8 ) Turn-Arounds. Ail dead-end fire lanes in excess of one hundred feet in length shall be provided with a turn-around meeting the requirements of Figure 10.207(a). The cul-de-sac is the most desired design. [The approved form of Figure 10.207(a) is attached to this ordinance as Exhibit "A" and made a part hereof for all purposes]" SECTION 3. That Chapter 5, Section 1, Subdivision G, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Subsection (12) in part as follows: "G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE (12) Designation, and Marking of Fire Lanes on Public and Private Property. (a) The Chief of Police and Fire or Fire Marshal shall have the authority to designate existing streets and access ways on public or private property as fire apparatus access roads in accordance with Section 10.207 of the Uniform Fire Code, where the Chief or Fire Marshal determines that a condition exists on public or private property which requires such designation due to the possible impairment by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access to property by fire apparatus in the event of an emergency. SECTION 4. That Chapter 5, Section 1, Subdivision G, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by adding Subsection (13) thereto to read as follows: "G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE (13) Extinguishing Systems. Section 10.313e of the Uniform Fire Code is amended to require extinguishing systems to be serviced annually or after activation of the system. The Uniform Fire Code is amended to adopt Appendix Chapters I-B and I-C; II-E; III-C and III-D; IV-A and IV-B; V-A; VI-A, VI-B, VI-C, VI-D, VI-E, and VI-F." SECTION 5. That Chapter 5, Section 1, Subdivision G, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by adding Subsection (14) thereto to read as follows: "G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE (14) Sprinkler Systems Supervision Alarms. Section 10.508(b) of the Uniform Fire Code is amended to read: '(b) Fifty or more in all other occupancies.'" SECTION 6. That Chapter 5, Section 15, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended in part as follows: "SECTION 15: FIRE ALARM SYSTEMS The provisions of the Uniform Fire Code contained in Article 14 and dealing with fire alarm systems are deleted from said code and incorporated in this section as follows:" SECTION 7. That Chapter 5, Section 16, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by transferring said section to Chapter 6 "Health and Sanitation" of the Code of Ordinances and by renumbering said section to be "SECTION 7: TRASH AND RUBBISH". SECTION 8. That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 9. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance, the Code of Ordinances, the Uniform Fire Code, 1991 Edition, or the Uniform Fire Code Standards, 1991 Edition, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, or the validity of any of such codes, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances or any of the said codes as a whole. SECTION 10. Any person, firm~or corporation violating any of the provisions of this ordinance, the Code of Ordinances as amended hereby, the Uniform Fire Code, 1991 Edition, or the Uniform Fire Code Standards, 1991 Edition, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00), for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 11. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of September, 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY RLD/j d 7/1/91 EXHIBIT "A" Figure 10,207 (a) PERMISSIBLE FIR'E LANE TURN%~RdUN DS FI(]. I I00' DIAMETER CIRCLE TYP 30'R IYP FIG.2 I0 ~-IAMMEnHEAD FIG. 3 ACCEPTABLE ALTERNATIVE TO tOO'HAMMERHEAD 30'R TYP. 35' R I YP FIG.4 ACCEPTABLE ALTERNATIVE TO IO0'HAMMERHEAD ORDINANCg NO. 91/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, BY AMENDING CHAPTER 6, SECTION 6, TO DEFINE THE DUTIES OF THE ENVIRONMENTAL~RALTHOFFICER; TO REGULATETHEGROWTHOFTREE LIMBS, BRUSH OR OTHER VEGETATION ON OR WITHIN ATWmYWAYS AND THE SPACE ABOVE ATJ~Y PAVEMENT; REQUIRING NOTICE TO OWNER TOREMEDY OR REMOVE CONDITION; PROVIDING THAT CITY MAY DO WORK AND FILE STATEMENT OF EXPENSES AS A LIEN ON REAL PROPERTY; PROVIDING FOR THE REPEAL OF A~W. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DO?Wm~RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 6, Section 6 of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section B and adding Subsections C, D, E, and F to read as follows: "Section 6: ENVIRONMENTAL HEALTH OFFICER B. DUTY TO INSPECT ALLEYWAYS The Environmental Health Officer shall have the responsibility of inspecting city of University Park rights- of-way and issuing citations to property owners to appear in Municipal Court for non-compliance with the following regulations: Chapter; Health and sanitation regulations specified in this (2) Regulations prohibiting the disposal of garbage or trash in alleyways or on private property; (3) Building regulations specifying house numbering procedures; (4) Enforcement of other city ordinances as required by the public works director; (5) It shall be unlawful and an offense for the owner, occupant or person in charge of any lot or premises in the City of University Park to allow, suffer or permit tree limbs, brush or other vegetation to grow within one foot on either side of the alley pavement adjacent to private property in excess of eight (8") inches in height or to permit rubbish, brush, or other objectionable, unsightly or unsanitary matter whatsoever to be, grow, accumulate or remain within one foot on either side of the alley pavement adjacent to private property or to allow, suffer or permit tree limbs or other vegetation to grow lower than eight (8') feet above the alley pavement. C. NOTICE TO OWNER TO REMEDY OR REMOVE THE CONDITION GENERALLY When any condition described in Paragraph B(5) above is found to exist on any alleyway within the City, such condition shall constitute a nuisance, and the owner, occupant or person in charge of the adjacent lot or premises shall be notified in writing to correct, remedy or remove such condition within ten days after notice is given to such owner, occupant or person in charge in person, by certified mail, return receipt requested, or by publication in the City's official newspaper if actual or mailed notice cannot be accomplished. Requirement of a ten day official notification in this section is met and fulfilled when such notice has been given in writing as aforesaid at least one time in any calendar year to such owner, occupant or person in charge of such lot or premises adjacent to an alleyway upon which there exists such nuisance in violation of this section. D. CORRECTION OR REMOVAL OF THE CONDITION BY THE CITY GENERALLY In the event the owner, occupant or person in charge of any lot or premises adjacent to an alleyway upon which a condition described in Section B(5) above exists, does not comply with such notice and fails or refuses to correct the condition so as to remove the nuisance described above, the City of University Park may, after having given notice personally to the owner in writing by letter addressed to the owner at the owner's post office address or by publication at least twice within ten consecutive days if personal service cannot be obtained or the owner's post office address is unknown, do the work or make the improvements required so as to eliminate the nuisance condition on the alleyway adjacent to such lot or premises and charge for the work done or the improvements made and charge the expenses to the owner of the adjacent lot or premises. The doing of such work by the City shall not relieve the owner, occupant or person in charge of said lot or premises adjacent to said alleyway from prosecution for failure to comply with the requirements of this section, and such additional notice of intent to perform the work by the City shall not be a prerequisite to prosecution for maintaining such nuisance condition. E. FILING OF STATEMENT OF EXPENSES Whenever any work is done by the City under the provisions of this section, the City Council may assess expenses incurred against the real estate on which the work is done or improvements made. The Mayor, Health Officer or other City Official designated by the Mayor, shall file a statement of expenses with the County Clerk of Dallas County stating the amount of such expenses, the name of the owner of such lot, a legal description of such lot or premises and the date or dates on which such work was performed. The statement of expenses shall be acknowledged and placed in such form as will permit it to be recorded in the Real Property Records of Dallas County, Texas. F. LIEN FOR COLLECTION OF EXPENSES The statement of expenses filed pursuant to Subsection E above is security for the expenditures made and the interest accruing thereon at the rate of ten per cent per annum from the date of payment by the City until paid. The lien for collection of expenses is inferior only to tax liens and liens for street improvements. The City Council of the City of University Park may authorize the bringing of suit for foreclosure in the name of the City to recover the expenditures and interest due. The statement of expenses or a certified copy thereof is prima facie proof of the expenses incurred by the City in doing the work or making the improvements. The remedies provided in this subsection shall be in addition to the remedy of prosecution in Municipal Court for violation of Subsection B(5) above." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, firm or corporation who shall be the owner, occupant or person in charge of any lot or premises violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ON THE 3rd DAY OF September , 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: ~ ClT~ ATTORNEY (I~T.D/j d 8-7-91) ORDINANCE NO. 91/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, BY AMENDING CHAPTER 5, SECTION 17, TO REGULATE WEEDS, GRASS AND UNSANITARY MATTER; REQUIRING NOTICE TO OWNER TO REMEDY OR REMOVE CONDITION; PROVIDING THAT CITY MAY DO WORK AND FILR STATEMENT OF EXPENSES AS A LIEN ON REAL PROPERTY; PROVIDING FOR THE REPEAL OF ATJ, ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 5, Section 17, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Sections A through E as follows: "Section 17: WEEDS, GRASS AND UNSANITARY MATTER A. CERTAIN CONDITIONS PROHIBITED It shall be unlawful and an offense for the owner, occupant or person in charge of any lot or premises in the City of University Park to allow, suffer or permit weeds or grass in excess of eight (8") inches in height to grow thereon, or to permit rubbish, brush, or other objectionable, unsightly or unsanitary matter whatsoever to be, grow, accumulate or remain on any such lot or premises in the City. Be GENERALLY NOTICE TO OWNER TO REMEDY OR REMOVE THE CONDITION When any condition described in Paragraph A above is found to exist on any lot or premises within the City, such condition shall constitute a nuisance, and the owner, occupant or person in charge of such lot or premises shall be notified in writing to correct, remedy or remove such condition within ten days after notice is given to such owner, occupant or person in charge in person, by certified mail, return receipt requested, or by publication in the City's official newspaper if actual or mailed notice cannot be accomplished. Requirement of a ten-day official notification in this section is met and fulfilled when such notice has been given in writing as aforesaid at least one time in any calendar year to such owner, occupant or person in charge of such lot or premises upon which there exists such nuisance in violation of this section. C. CORRECTION OR REMOVAL OF THE CONDITION BY THE CITY GENERALLY In the event the owner, occupant or person in charge of any lot or premises upon which a condition described in Section A above exists does not comply with such notice and fails or refuses to correct the condition so as to remove the nuisance described above, the city of University Park may, after having given notice personally to the owner in writing by letter addressed to the owner at the owner's post office address or by publication at least twice within ten consecutive days if personal service cannot be obtained or the owner's post office address is unknown, do the work or make the improvements required so as to eliminate the nuisance condition on the lot or premises and pay for the work done or improvements made and charge the expenses to the owner of the property. The doing of such work by the city shall not relieve the owner, occupant or person in charge of said lot or premises from prosecution for failure to comply with the requirements of this section, and such additional notice of intent to perform the work by the City shall not be a prerequisite to prosecution for maintaining such nuisance condition. D. FILING OF STATEMENT OF EXPENSES Whenever any work is done by the City under the provisions of this section, the City Council may assess expenses incurred against the real estate on which the work is done or improvements made. The Mayor, Health officer or other City official designated by the Mayor, shall file a statement of expenses with the County Clerk of Dallas County stating the amount of such expenses, the name of the owner of such lot, a legal description of such lot or premises and the date or dates on which such work was performed. The statement of expenses shall be acknowledged and placed in such form as will permit it to be recorded in the Real Property Records of Dallas County, Texas. E. LIEN FOR COLLECTION OF EXPENSES The statement of expenses filed pursuant to Subsection D above is security for the expenditures made and the interest accruing thereon at the rate of ten per cent per annum from the date of payment by the city until paid. The lien for collection of expenses is inferior only to tax liens and liens for street improvements. The City Council of the City of University Park may authorize the bringing of suit for foreclosure in the name of the City to recover the expenditures and interest due. The statement of expenses or a certified copy thereof is prima facie proof of the expenses incurred by the City in doing the work or making the improvements. The remedies provided in this subsection shall be in addition to the remedy of prosecution in Municipal Court for violation of Subsection A above." SECTION 2. That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, firm or corporation who shall be the owner, occupant or person in charge of any lot or premises violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, ON THE 3rd DAY OF September , 1991. ATTEST: CITY SECRETARY PROVED AS O ~O : CITY ATTORNEY (RLD/j d 8-2-91) AGREEMENT FOR ELECTRONIC POINT OF SALE SERVICES THIS AGREEMENT FOR ELECTRONIC POINT OF SALE SERVICES is made on the date stated below by and between the City of University Park (the Client) situated in Dallas County, Texas , and Consumer Payment Services, Inc., a Florida corporation ("CPS"). The initial addresses of the parties which either party may change by giving notice of its changed address to the other party are as follows: "Client" City of University Park 3800 university Blvd. Dallas, '±'x /b2Ub "Contractor" Consumer Payment Services, Inc. 600 Lakeview Road, Suite A Clearwater, Florida 34616 WITNESSETH: WHEREAS, the Client wishes to evaluate the performance of electronic point of sale services in conjunction with the Innovation Group as outlined in Appendix "A", Innovation Groups- Evaluation Program for Electronic Point of Sale Services; and WHEREAS, CPS represents that it is experienced in the business of operating and maintaining electronic point of sale systems; and WHEREAS, CPS operates a comprehensive consumer bill-payment service known as "The Consumer Payment Alternative," or "CPA Account," and WHEREAS, through the use of the CPA account, CPS will process the Client's customers' authorization for payments from their designated credit card and demand deposit accounts and pay the Client directly; and WHEREAS, CPS has executed a Bankcard Services Agreement, Appendix "C", with Ameritrust which designates CPS to be a merchant qualified to accept credit cards bearing the logo and other proprietary marks of Visa and MasterCard; and WHEREAS, CPS, as the designated merchant, and not the Client, will accept credit card payments; and 06/06/91 WHEREAS, CPS desires to provide such services in exchange for the CPA Account Fees hereinafter specified. NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein, the client and CPS agree as follows: ARTICLE I Section 1.01. The above premises are true and correct and incorporated herein. Section 1.02. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: "Ameritrust" is Ameritrust Company N.A., the lead for the regional multi-bank holding company headquartered in Cleveland, Ohio. At the end of 1989, Ameritrust's assets exceeded $11 billion. Ameritrust offers a full range of commercial banking services to individuals and businesses through a delivery network of 226 banking offices in Ohio, Michigan, Indiana and Texas. Ameritrust is CPS' merchant financial institution. "Basic Services" is defined in Section 2.02. "Client" is defined in the preamble of the Agreement and includes its successors and assigns. "CPS" is defined in the preamble of this Agreement and includes its successors and assigns. "CPA Account" is defined in the preamble of this Agreement. "Credit card(s)" means cards of the Visa System which conform to the standards established by Visa, U.S.A., or Visa International Service Association, which cards bear the Visa logo; and MasterCard, MasterCard I and Master Charge Cards and other cards of the MasterCard International card system. "Department" means any department of the Client° "Instrument" means a personal or commercial check or draft drawn on a United States financial institution. "Qualified Card" means a credit card or any other card accepted by the system and agreed upon by the Client and CPS. "Special Services" is defined in Section 2.03. 2 06/06/91 ,,System" means point of sale services for authorizing and processing electronic funds transfer credit transactions initiated by use of Qualified Cards. ,,Terminal" and/or "printer" refers to a manned point of sale electronic funds transfer device which does not dispense cash and which is connected to the system to effectuate transactions initiated with a Qualified Card. As of the commencement date of this Agreement, each terminal shall be a Verifone Tranz 330 terminal with a Verifone Printer 250. In the event a newer, more efficient authorization terminal model is made available to the client and installed in any department of the client, "Terminal", as defined herein, shall also include such newer, more efficient model(s) of authorization terminals. ,,Transaction" or ,,Qualified Card Transaction" means the payment for goods or services sold by the Client or the payment of taxes, licenses, tuition or fees to CPS made by the use of any Qualified Card beginning with the initiation of a request message at a Terminal and ending with the completion of the response message to that Terminal. Transaction, as used herein, shall also include manually imprinted transactions made in reliance on oral or written authorization when electronic authorizations are not available. ARTICLE II SCOPE OF SERVICES 2.01 Services in General. CPS agrees to provide an efficient system, which shall include the following: (1) a Terminal which shall work in conjunction with a computer switch and data network to provide routing, authorization, accounting, settlement, and reporting for Qualified Card Transactions. All data network access charges shall be paid by CPS; (2) electronic fund transfers for Qualified Cards from the cardholders' account to the CPS clearing account and then from the CPS clearing account to the Client's designated settlement bank account; (3) electronic authorization for all Qualified Cards; (4) downline loading of the Terminals from the central computer unless the terminal is already down loaded; (5) electronic authorization, automatic receipting, draft capture, and automatic settlement to the Client's 3 06/06/91 (6) designated settlement account (for an example only of a typical transaction sequence, see Exhibit 1, Transaction Prompting Sequence); terminal response time shall not exceed 30 seconds (from the time the message is sent from the Terminal until a receipt is issued); and (7) a switch processor that offers; (a) phone response to operator inquiries about system problems seven (7) days a week, twenty-four (24) hours a day; (b) continuous power supply back-up capability on the main switch; (c) tandem or equivalent type computer processor back- up capability; and (d) twenty-four (24) hour, seven day a week communication network and computer processor availability. CPS shall coordinate its performance of the services hereunder with the persons as the Client may specify. CPS shall make periodic verbal or written reports and recommendations to the Client with respect to conditions, transactions, situations or circumstances encountered by CPS relating to the services to be performed under this Agreement and attend meetings determined to be necessary by the Client. CPS shall, upon request, also provide the Client with copies of written materials prepared by CPS or made available to it as a result of its performance under this Agreement. 2.02 Basic Services. (a) Installation CPS shall install one or more Terminals and Printers at each of the Client's departments requesting the service. In addition, CPS shall supply sufficient back-up Terminals to be used as temporary or replacement Terminals in the event that one or more of the installed Terminals malfunctions and cannot be repaired within the prescribed time limit. CPS agrees to remove terminals and/or printers upon a request from the Client and reinstall the terminal later or at another location if so requested by the Client at no cost to the Client except for normal telephone line costs agreed to be paid for by the Client. 4 06/06/91 (b) Operation (1) Terminal Supplies CPS shall provide all the terminal supplies necessary to process Qualified Cards through the system. Such supplies shall include, but not be limited to, the following: (a) Credit card sales vouchers; (b) Credit card credit vouchers; (c) Printer ribbon; (d) Qualified Card decals for all cashier areas; (e) Current CPA account service fee schedule; (f) Suitable manual imprinters. CPS shall provide appropriate procedures for the use of manual imprinters in the event the system is inoperable; (g) Transaction slips; and (h) Warning Notices and/or Card Recovery Bulletins. (2) Training, Orientation and Documentation. CPS shall conduct training sessions at the various Client departments for all personnel necessary to illustrate the operation of the system. At the initial training session, CPS shall distribute to the Client's cashiers an Operating Guide developed by CPS. As needed, CPS shall provide additional training for all appropriate personnel. (3) Qualified Card Fund Settlement. CPS shall assign a customer service representative to assist the Client in resolving day to day operational issues presented by the Client's cashiers. During business hours the customer service representative shall provide end of day balancing, deposit reconciliation and reporting assistance. CPS shall notify the Client in writing of the name and toll free telephone number of the customer service representative prior to the completion of the installation of the Terminals. In the event the name and/or toll free telephone number of the customer service representative is changed during the term of this Agreement, CPS shall provide immediate verbal notice to the Client followed by written notice within 10 days of the verbal notice to confirm the change in name and/or toll free telephone number. Ameritrust shall electronically credit to the account designated by. the client the net amount of all transactions (amount of payment received by CPS minus CPA account fee). Ameritrust shall electronically credit the net receipts amount due for Qualified Card Transactions in accordance with the 5 06/06/91 following schedule unless changed by the mutual agreement of the client, CPS and Ameritrust. Business Day Funds Deposited into Client's Account Monday Wednesday Tuesday Thursday Wednesday Friday Thursday Monday Friday Tuesday Saturday Wednesday Sunday Wednesday At the Client's option, a demand deposit clearing account may be established at Ameritrust. Funds electronically deposited to the clearing account by Ameritrust on the schedule outlined above may then be transferred by writing a check for the total amount of bankcard transactions processed during the day and making a deposit of that check to the Client's local bank account. Ameritrust shall not be required to process any transactions in connection with which: a. The Qualified Card used had expired or prior notice of its revocation or invalidity was given the Client; b. There has been any gross negligence, fraud or dishonesty on the part of any employee of the client; c. Any required authorization, obligation, time period, procedure or agreement hereof has not been obtained, fulfilled or observed by the Client; and d. there is any dispute or defense between the client and cardholder whether or not valid. Ameritrust shall be financially responsible to the Client for the net amount.of all transactions until such amount is deposited into the Client's account. (Ameritrust is a federally chartered FDIC insured commercial bank and a principal member of the Visa and MasterCard Networks. As such, Ameritrust must and does comply with all Visa and MasterCard regulations. These regulations provide that Ameritrust is financially responsible for all transactions from the time of initiation until properly credited to the Client's designated account.) 6 06/06/91 (c) Maintenance and Upqradinq of Svste~. (1) Maintenance CPS shall be solely responsible for maintaining the system. CPS understands and agrees that the system's down time shall not exceed 2% in any given month. CPS shall provide maintenance for the Terminals seven (7) days per week, twenty four (24) hours per day. CPS shall maintain the Terminals in good working order. In the event that a malfunction occurs, the Client shall notify CPS by calling the Customer Service Center whose toll free telephone number is identified on the Terminal and in the Operating Guide provided pursuant to this Agreement. CPS shall respond within 1 hour of notification. CPS shall determine the nature and extent of the problems and shall either (1) repair the Terminal or replace the defective component if such repair/replacement can be effected within twenty-four (24) hours, or (2) replace the Terminal with a back up Terminal if the repair or the replacement cannot be effected within a twenty four (24) hour period. CPS shall comply with the specific procedures for maintenance outlined in the Operating Guide. (2) Upqradinq the System. In the event that a newer, more efficient authorization terminal model becomes available, CPS, at its sole discretion and expense, shall remove the existing Terminals and replace them with the newer, more efficient authorization terminal model. 2.03 Special Services. CPS shall perform the Special Services specified below within a reasonable time after the Client determines them necessary or advisable: (1) Install additional Terminals (the back up Terminals shall not be considered additional Terminals for purposes of this Section); (2) Provide electronic authorization for additional system compatible Qualified Cards; (3) Provide electronic authorization for Instruments; and (4) Provide decals and advertising materials necessary to properly advertise the existence of additional Terminals. 06/06/91 2.04 Equal Opportunity Employe~. CPS shall comply with any applicable equal employment statutes and regulations. 2.05 Public Records Law. CPS shall comply with any applicable laws governing the confidentiality and accessibility to the public of any documents, or portions thereof, generated under this Agreement. ARTICLE III TIME OF PERFORMANCE 3.01 Installation of Terminals. CPS shall install all necessary Terminals at the designated locations within thirty (30) days of execution of this agreement. ARTICLE IV DUTIES OF THE CLIENT 4.01 Environmental Requirement. Client agrees to provide access to electrical power and work area and access to a non-proprietary telephone line. Terminals will be programmed by CPS for network access with either a local telephone number or a toll-free (800) number. 4.02 System Operation. (a) The Client will transact Qualified Card payments made by the Client's customers to CPS for the payment of taxes, licenses, tuition and other fees the Client charges and for which it wishes to accept payments through CPS. The Client agrees to use the forms, supplies and equipment furnished by CPS for all transactions. The Client agrees to prominently display the CPS Service Fee schedule and Bankcard signage provided by CPS. During the term and any subsequent renewals of this Agreement, the Client agrees not to enter into an agreement with any other financial institution, credit card service provider, credit card company or other company to provide services for electronic point of sale services or the operation of a credit card program that involves charging a service fee to the customer. The Client understands that CPS may amend the Operating Guide from time to time. The Client shall utilize the Terminals to authorize all transactions initiated with a Qualified Card when the system is operable. The Client shall prepare a sales draft or transaction record for every sale utilizing the system. The Client agrees to use its best efforts to ensure that each transaction is not subject to any 8 06/06/91 disputes, setoffs, or counterclaims, that each statement in all transaction records or sale drafts are true and that the Client has no knowledge which would impair the validity of each transaction. Each sales draft and/or transaction record (as an example only, see Exhibit 1) shall be fully completed and must include: (1) the cardholder's account number; (2) the signature of the cardholder or authorized user; (3) the date of the transaction; (4) the client's name, location and identification number; (5) (6) the total amount of the transaction (including ~pplicable amount due the Clie~ and the CPA account fee); an adequate description of the taxes, licenses, tuition or fees being paid for; and (7) (8) all disclosures, if any, required by law. at the Client's option, each sales draft and/or transaction record may include: (1) (2) Operator's ID number; or Folio/case/customer/department number. The Client shall deliver a completed copy of the sales draft to the cardholder or authorized user at the time each transaction is consummated. All sales drafts prepared by the Client shall represent obligations of the cardholder in the amount set forth therein. All sales drafts prepared by the Client for Qualified Card Transactions shall not involve any cash advance or element of credit for any other purpose. The Client shall forward copies of all sales drafts to CPS which will maintain copies of the sales drafts for a period of two (2) years from and after the date of the transaction. The Client will retain their copy of the sales draft for as long as required by applicable law. The Client will make no cash refunds to cardholders on Qualified Card Transactions. (b) The Client, if making a credit card transaction without presence of the actual credit card, in addition to using its best efforts to comply with paragraph 4.02(a), will: (1) Obtain cardholder's name number from Cardholder; and account (2) Enter the transaction using the option on the electronic terminal; key 06/06/91 (3) When authorization is given, legibly write cardholder's name and account number and legibly imprint the embossed legend from the client plate on the sales slip and complete it as provided herein; and (4) Have the sales draft signed and furnish a copy thereof to the Cardholder. (c) The Client, if making a credit card sale to a cardholder by mail or telephone, will follow the procedures provided in subparagraph (b) above, except that the client will sign the cardholder's name in the space provided for the cardholder's signature on the sales slip and note that the order was placed by telephone or mail. The Client also will make .any disclosures required by law and shall disclose the applicable CPA account fee. (d) Credit card sales to cardholders by mail, telephone, or without presence of the actual card as provided in Subparagraphs (b) and (c) above are at the Client's option. In making them, the client shall be deemed to warrant that the purchaser is the person whose name appears as the cardholder on the sales slip, or sales application slip, and that, the name, account number and expiration date appearing on the sales slip are the same as those embossed on such credit card. (e) Except for credit card sales made by mail, telephone or without presence of actual card, the client has no liability to CPS in connection with sales drafts because of forgery, use of a counterfeit card, or cardholder charge backs, if the Client has exercised due care and diligence in complying with the terms of this Agreement. The Client and CPS agree not to disclose to third parties other than the Client's or CPS' agents for the purpose of assisting the Client or CPS in completing the transaction or as specifically required by law a cardholder's account information and account numbers. (f) In the event'that it is necessary to issue a credit to a customer's credit card account, the terminals will provide the capability of performing a credit transaction for the primary amount of the transaction only. Previously assessed CPS fees will not be refunded. No CPS service fee will be charged for the issuing of a credit. 4.03 System Inoperable. When the system is inoperable the Client shall follow the manual back up instructions for credit card transactions set forth in the Operating Guide. Before making a credit card transaction, the Client shall obtain specific authorization from CPS for such transaction via telephone and the authorization approval code shall 10 06/06/91 be recorded on the transaction record. The client shall confirm that the credit card in question is not listed in any applicable Warning Notice or Card Recovery Bulletin. If the Client does not receive an authorization to complete the transaction or if the credit card in question is listed in the applicable Warning Notice or Card Recovery Bulletin, the client shall not complete the transaction. 4.04 Unacceptable Cards. The client agrees to examine carefully each Qualified Card presented to the client for the purpose of determining that such card has not expired and will review information delivered by CPS regarding Qualified Cards which are revoked, counterfeit, stolen or otherwise void. The client shall not, without CPS' specific permission, complete a transaction involving use of a Qualified Card for which an appropriate authorization has not been received from CPS. The client may use its best efforts to retain or attempt to retain by peaceful and lawful means any Qualified Card which CPS requests it to retain. All rewards paid by Visa and MasterCard for retaining qualified cards which are revoked, counterfeit, stolen, or otherwise void shall be forwarded to the Client. 4.05 Failure t° ComDl¥ with Duties. The Client recognizes that a credit card company may debit CPS' account for the face amount of a transaction for the client's failure to comply with the terms of this Article IV. Therefore, in the event the client fails to comply with the provisions of this Article IV and as a result of such non-compliance a credit card company debits CPS' account for the face amount of the transaction, the client agrees to pay CPS the face amount of the transaction. 4.06 System Reportinq. Daily, CPS will provide comprehensive reporting on all transactions processed. Each terminal device will print control and balancing totals for all transactions. (See Exhibit 1). In addition, system reporting summary activity for all terminals installed on the client's premises will be provided and forwarded directly to the client. ARTICLE V COMPENSATION 5.01 Fees for Basic Services, Method of Payment. (a) As sole compensation for the services to be performed by CPS under this Agreement, CPS shall receive the CPA account fees to 11 06/06/91 be charged on each transaction to the card user in accordance with the CPS Account Fee Schedule attached to this Agreement as Appendix "S". After the initial twelve (12) months of this Agreement, CPS may adjust the CPS Account Fee Schedule with cause one time within any twelve (12) month period. Cause for an adjustment shall include but not be limited to an increase in the base interchange rate, the installment of new, more expensive equipment, or an increase in CPS' communication costs. Prior to any such fee adjustment CPS shall provide the Client ninety (90) days' prior written notice. If the fee adjustment is not acceptable to the Client and CPS is unwilling to continue this Agreement at the existing fee schedule, this Agreement will be terminated sixty (60) days after the Client's notification of its rejection of the fee adjustment. ARTICLE VI TERM AND TERMINATION 6.01 Term. This Agreement shall be effective for a twenty-four (24) month evaluation period from the date written below. This Agreement shall be renewed for like terms of 24 months, unless either party gives the other party at least 60 days written notice of its intent to terminate the Agreement at the end of the term or to renegotiate the terms of this Agreement. 6.02 Termination by the Client. The Client has the right to terminate this Agreement upon sixty (60) days written notice if CPS is in breach of any of its duties under this Agreement and fails to cure that breach within such sixty (60) day period. 6.03 Termination by the CPS. CPS may terminate this Agreement upon sixty (60) days written notice if the Client is in breach of any of the terms or conditions of this Agreement and fails to cure that breach within such sixty (60) day period. Additionally, CPS may terminate this Agreement upon sixty (60) days written notice if it determines, in its sole discretion, that the number of Transactions per terminal processed under this Agreement is insufficient to continue the services provided by CPS under this Agreement. Appendix "B" provides a guideline which will be used to determine if the transactions per terminal per month are insufficient to continue CPS' services under this Agreement. 12 06/06/91 6.04 Removal of Terminals. Upon the termination, cancellation or expiration of this Agreement CPS shall remove the Terminals and all machinery, equipment and other like property from the client's premises within a reasonable time. ARTICLE VII iNDEMNIFICATION 7.01 indemnification. CPS hereby agrees at all times to defend, indemnify and hold harmless the client, from and against any and all liability, loss or costs arising from or in connection with claims, damages, causes of action, loss, liability, cost or expense or suits for loss or damage, including, without limitation, costs and attorney fees, which arise as a result of or in connection with any acts or omissions of CPS, its employees, agents, officers, subcontractors or independent contractors, whether such claims are asserted before or after the termination. This indemnification includes indemnification to the client for any damages of any kind suffered due to CPS' violation of any third party's trade secrets, proprietary information, trademark, copyright, or patent rights in connection with the licensing of any software or hardware delivered to the client by CPS for the client's use pursuant to this Agreement. 7.02 Insurance. Throughout the term of this Agreement, CPS shall carry and maintain commercial general liability insurance and worker's compensation or other employer's liability insurance. Such insurance coverage shall have minimum limits of liability in not less than the following: (1) Commercial general liability insurance Bodily injury - $1,000,000 per occurrence Property damage - $1,000,000 per occurrence (2) Worker's compensation or employer's liability insurance as required by law. CPS shall file with the client, upon request, certificates of insurance evidencing the coverage required by this Agreement within · teen 15 days of the Commencement Date. CPS shall give.the .... , notice rior to the cancellation of c£1en~nh~nc%%%%age, it %eing understood that CPS shall oD=aln inset .... ,~_~ .... ~ ake such actions to ensure that re £acement Insurance pu~x~== ~..~ t _ . are met P .......... ~ .... nfs of this Agreement - the insurance covera~= ~=~u~=.,~ 13 06/06/91 ARTICLE VIII MISCELLANEOUS PROVISIONS 8.01 Independent Contractor. The relationship of CPS to the Client shall be that of an independent contractor. 8.02 Assiqnments. CPS shall not assign this Agreement without the written consent of the Client, whose consent shall not be unreasonably withheld. 8.03 Subcontractors. CPS has a contractual arrangement with Ameritrust to perform certain obligations outlined in this Agreement, specifically the authorization, capture, settlement and reporting of all transactions processed through CPS terminals. A copy of that agreement is attached hereto as Appendix "C". CPS shall not subcontract any part of its performance under this Agreement without the written approval of the Client. If such approval is given, any subcontractor and all employees of the subcontractor shall be treated under this Agreement as if they were employees of CPS, except in regard to fees. 8.04 Parties in Interest. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Client and CPS only. 8.05 Non-Waiver. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by any appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 8.06 Applicable Law. This Agreement is subject to the Charter and Ordinances of the Client, the laws of the federal government of the United States of America, the laws of the state where the Client is located, and all rules and regulations of any regulatory body or officer having jurisdiction over this Agreement. CPS and Client shall comply with all applicable laws, rules, regulations relating to its performance hereunder. Venue for any cause of action arising out of this 14 06/06/91 Agreement shall be in the court of appropriate jurisdiction in the county where the Client is located. 8.07 Licenses and Permits. CPS shall obtain and pay for all licenses, permits and certificates required by any statute, ordinance, rule or regulation of any regulatory body having jurisdiction over the conduct of its operations hereunder. 8.08 Proprietary Rights. The Client agrees not to use or allow anyone else to use CPS' terminal software programs except in connection with the Client's use of CPS' terminals under this Agreement. The Client agrees not to modify, tamper with, copy or allow anyone else to copy, otherwise reproduce, modify or tamper with any part of CPS' terminal software programs without the prior written consent of CPS. The Client further agrees to take all necessary steps to ensure that the provisions of this paragraph are not violated by the Client, by any person under the Client's control or in the client's service, or by any third party. 8.09 Payment of Taxes. CPS shall pay all taxes of whatever character that may be levied upon, assessed against, or charged to CPS in connection with the performance of services hereunder. 8.10 Notices. Ail notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in the United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed in the preamble hereof or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. 8.11 Captions. The captions at the beginning of the Articles and Sections of this Agreement are guides and labels to assist in locating and reading such Articles and Sections and, therefore, will be given no effect in construing this Agreement and shall not be restrictive of or be used to interpret the subject matter of any Article, Section or part of this Agreement. 8.12 Acceptance and Approval. Any acceptance or approval by the client, its agents or employees shall not constitute nor be deemed to be a release of the responsibility and liability of CPS, its employees,, agents, 15 06/06/91 subcontractors or suppliers for the accuracy, competency and completeness for any documents prepared or services performed pursuant to the terms and conditions of this Agreement, nor shall such acceptance or approval be deemed to be an assumption of such responsibility or liability by the Client, or its agents and employees for any defect, error or omission in any documents prepared or services performed by CPS, his employees, agents, subcontractors or suppliers pursuant to this Agreement. An approval by the Client of any part of CPS' performance shall not be construed to waive compliance with this Agreement or to establish a standard of performance other than required by this Agreement or by law. The Client is not authorized to vary the terms of this Agreement. 8.13 Inspection and Audits. The Client shall have the right to examine and review all books, records and billing documents which are directly related to performance or payment under this Agreement. CPS shall maintain such books, records, and billing documents for two years from the date of the transaction. 8.14 Ambiquities. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 8.15 Severability. If any clause, paragraph or provision of this Agreement is held invalid, such invalidity shall not effect the remainder of this Agreement, which shall remain in full force and effect. 8.16 Entire Aqreement. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. 8.17 Attorney's Fees. In the event of litigation between the Client and CPS arising from any provisions of this Agreement, each party shall bear its own attorney's fees. 16 06/06/91 APPENDIX Innovation Groups Evaluation Program for Electronio Point of Sales Services THIS AGREEMENT for the Innovation Groups' Evaluation Program for Electronic Point of Sales Services is made on the date stated below by and between University Park ("City/County") located in Dallas County, Texas and The Innovation Groups ("The Innovation Groups"), a Florida corporation, with principal offices located at 6604 Harney Road, Suite L, Post Office Box 16645, Tampa, FL 33687, (813) 622-8484. WHEREAS, The Innovation Groups is a not-for-profit organization which functions as a consortium of cities, counties, towns, and private companies working together to introduce innovative programs and products to the public sector; and WHEREAS, the City/County wishes to participate in the electronic point of sales evaluation program as defined in the agreement between the City/County and Consumer Payment Services. NOW, THEREFORE, in consideration of the mutual promises hereafter set forth, it is agreed as follows: 1. The City/County shall: a. Create customer awareness for the electronic point of sales program throughout your community through such activities as announcements over your community access cable channel; announcements included with utility bills; articles in your citizen and employee newsletters; press releases to your local media; media coverage during the first days of usage; placards in the areas in which the credit card stations will be placed, etc.; b. On a quarterly basis submit a short report (one to two pages) which summarizes the pluses and minuses of the program in your jurisdiction to date. This report should include recommendations for the improvement of the program as well as descriptions of special programs you have implemented to encourage usage; c. Identify applications which you feel will provide the best possible customer service regarding the optional use of credit cards. Each application site will be a candidate for the placement of a credit card work station. While there Page 1 of 3 IN WITNESS WHEREOF, the parties have made and executed this Agreement in multiple copies, such of which shall be an original, on this 3rd day of September , 19~t. CONTRACTOR: CLIENT: CONSUMER PAYMENT SERVICES, INC. By: By: (Name) (Title) Bob Livingston (Name) City Manager (Title) ATTEST/SEAL: By: ATTEST: ,ROVED AS TO FORM: Attorney a:\MP$&.agm ASZ Misc. Li;iga;ion ! 17 06/06/91 is no limit on the number of such sites, it is the responsibility of the City/County to determine application areas which will provide the most potential for usage. During the evaluation period for your jurisdiction, The Innovation Groups and Consumer Payment Services will work together in the evaluation of each site to determine the need for more or fewer machines; d. Train your customer service people and City/County hall telephone operators, receptionists, volunteers, etc. as to the details of the program so they can so inform the public when inquiries are received; e. Provide information regarding the implementation of the program in your jurisdiction to neighboring local governments upon request. The Innovation Groups and Consumer Payment Services will provide a descriptive brochure to assist you in such information dissemination; f. Consider participation in an annual conference on credit card programs in local government. This conference will be sponsored by The Innovation Groups; g. Provide written information regarding the program in your City/County for inclusion in a newsletter which will be prepared by The Innovation Groups; and h. At the end of the first six months (or sooner at the City/County's option) of the evaluation program, assess the program's potential for expansion into additional departments (if jurisdiction-wide implementation has not occurred). 2. The Innovation Groups shall: a. Return 12%% of the net profit (computed from the service fee charge for each transaction after Consumer Payment Services, Inc. fixed terminal costs of $34.50 per terminal per month have been recovered) to each participating Innovation Group member. This amount shall not be less that 2.5 cents per transaction. A return of a flat one cent per transaction will be returned to non-members of the Innovation Groups. Payments to participants will occur on a quarterly basis or when $1,000 has accumulated in the City/County's account, whichever occurs first. Detailed accounting showing total transaction volume for the City/County, total transaction amounts, and total Consumer Payment Services service fees generated during the period for each terminal(s) and in total for each City/County will accompany each payment; Page 2 of 3 b. Publish a bi-annual newsletter which will report on the participants' experiences with credit cards. Case studies will be part of the newsletter; c. Sponsor an annual conference on credit card programs in local government; d. Provide regular updates on the credit card program in the Innovation Groups' newsletters; e. visit with the staff of each participant on a regular basis in order to observe first-hand the operation of the program, obtain employee comments regarding possible improvements, and brief employees on experiences in other jurisdictions; f. In cooperation with the City/County participants and Consumer Payment Services, The Innovation Groups will regularly explore the potential of new applications such as unmanned kiosks for bill payments, etc.; and g. The Innovation Groups will develop and maintain information files on local government credit card programs which will be available to all participants. ENTERED into this 3rd. day of September ., 1991. CITY/COUNTY: Titl~t~ Manager THE INNOVATION GROUPS: Title: ATTEST WITNESSES: Page 3 of 3 CONSUMER PAYMENT SERVICES, INC. (CPS) SERVICE FEE SCHEDULE CITIZENS WISHING TO USE BANK CARDS AS AN ALTERNATIVE MEANS OF PAYMENT FOR GOVERNMENT OBLIGATIONS MAY USE THE BILL PAYMENT SERVICES OFFERED BY CPS . CITIZENS MAY AUTHORIZE CPS TO TRANSFER FUNDS FROM A DESIGNATED BANK CARD ACCOUNT TO THE GOVERNMENT'S ACCOUNT. ALL TRANSFERS OF FUNDS ARE SUBJECT TO A NON-REFUNDABLE CPS SERVICE FEE AS OUTLINED BELOW. USE OF THE CPS SERVICE IS OPTIONAL AND SOLELY AT THE DISCRETION OF THE CITIZEN. AUTHORIZED AMOUNT CPS SERVICE FEE $ .01 $ 25.00 $ 1.35 $ 25.01 $ 50.00 $ 1.65 $ 50.01 $ 75.00 $ 1.95 $ 75.01 $100.00 $ 2.50 $100.01 $150.00 $ 3.15 $150.01 $200.00 $ 4.00 $200.01 $250.00 $ 4.85 $250.01 $300.00 $ 5.75 $300.01 $400.00 $ 7.50 $400.01 $500.00 $ 9.25 $500.01 $600.00 $11.15 $600.01 $700.00 $13.00 $700.01 $800.00 $14.80 $800.01 $900.00 $16.75 $900.01 $1,000.00 $18.50 $1,000.01 oVER $20.00* MINIMUM TRANSACTIONS AVERAGE PER MONTH $ 25.OO !00 $ 50.0O 95 $ 75.OO 9O $100.00 85 $150.00 8O $200.00 75 $250.00 70 $300.00 65 $400.00 60 $500.00 55 $6OO.OO 5O $7OO.O0 45 SS00.00 4O $90O.0O 35 $1,000.00 30 OVER 25 *$20.00 PLUS FEE FOR INCREMENT OVER $1,000. APPENDEX "B" Amerltm BANK CARD SERVICES AGREEMENT imo i~ C'icv~. Ohio mi, ,,t~ day o{, F~'/!t ~ ZA/~ ~ ~ , m ~[. ~ ~~A~ON~ ~S~ON C~, ~ ~ A~uc. O~ct~4, Ohio ~101. for ~ ~d ~t of ~g ~ ~s~g ~ ~e use offer ~s ~ng ~e ~e ~es Mas~, Vls~ ~c~ Exp~ss. m~e ~u~ion ~d se~lem~t se~ic~ ~m B~ ~l~g to ~ ~ of me ~ st ~h~t's pm~s by m.~ mvm:s~ ~d a~ h~c~ ~ $~ ~d ~t h~e~ mummy a~ ~ follow~: GEh'ERAL 'F~RM$: i~ ~c Bl~ic D~ ~m~ ~i~ ~ls ~ing ~vi~g ~c ~hol~r ~ a ~ of ~c s~ · ~1 ~4e M~t wi~ ~¢ ~ne~ numar of ~ n~ ~ ~ng ~ of M~nt ~d ~ ~ ~c foBowin$ ~li~ if M~t i$ supplying i~ to ~e m~n ~ de$~c~l~ ~ ~)' of its Honor ~ ~I. M¢~I sh~ p~mpfiy h~ gl vgid ~ when ~ly ~ u ps~t f~ :~h C~ ~ ~ ~n~d by ~n~ gUgblc to ~h~ ~ M~t ~I not ~e ~y s~e o= ~ by Y~on a~ ~ ~s ~ ~lcph~ ~) fi(i) ~c ~ ~ ~c ~ ~ ~ ~ m h) C...J~i: i~ give~ to .Memhmt in c=.~umstanccs cc, nsgmtlnI a ~ch ~t my ~ condi~ o~: or ~) thc C~ ~ is inv~g. ~ ~ ~s~d ~ ~ ~nt ~s~e~4 Comb~cd 7. Ezc~nge and R~u~ ~ll~ · S~d~ mty S~lc or ~p~isc ~ s~c ~% ~oldgr · lndemnffi~tton ~l. ~h~[ ~ btde~ ~d ~d ~k h~ ~om ~y ~ ~ ~. dem~3, cacse$ ~ ~min~ to B~ ~lu~ but ~t ~it~ o~er for ~ ~ s~ ~ ~F ~ (c) ~. d~ ~d ~es d ~ ming {~m ~ ~leged ~Ol~ Of ~ f~J~e :o sm~ ~ ~h~ on ~e ~ ~ M~t ~ ~ ~ of m ~bu~s to the ~ ~ol~on or f~l~ ~d ~pag~ ~ C~ pi~ M~ant ~t to ~la}' pla~s) of b~Mt ~ a~ m~s ~S :o ~e 7~z ~R ~. ~cl to ~ ~d mU~ ~mm to ~ ~c C~ I0. A~dmenu I0. I. ~ A~t may ~ ~ded ~ ~e to 6me by B~ u~n ~ days' ~n~ n~. ~d M~t's ~anu~ ~i~ or' el~dc dl~ of ~ ~me~m~t ~! ~ d~ to ~ M~t'I APPENDIX "C" 1 4. Mc~'chan( Warranty 4~. M~h~n~ ~u ~ ~n~ to ~ solely cng~j~ ~ ~c ~ ~d m~ of ~. Pr~nt =nd B~ sh~ ~tc M~t'm cnd~mcnt md mi~mm of ~ ~ B~ ~uut ~mc cug~mcn~ on ~y $;~h mmle$ ~ ~ ~ ~. M~t hc~ -~ n~cc of gef~lt ~fion ~q~ ~ A~ent or ~y $alea ~. Me~r hmby a~ to ex~lm of ~e B ~ ~ ~ ~ t~ ~ ~Ju~~ ~ ~Y Me~t'a a~t heldby B~ f~ deflcle~let 6. Me.ant F~: Ban~ Ch~e Ba~ R!~BU ~ s~ ~mer~ un~ M~h~ no.es B~ of t~ ~ien~ to t~m L~ ~mcn~ ~ Me~h~t Os to pay B~ ~e m~t of~y ~ges ~on ~ B~ ~1 h~ve thc ~ :mc ~ c~$e M~hmt t~for ~t n~ ~ ~y gt~ ~afin{ to my ~Ic ~'h~ - dcliv~d to b) a m~ or mlcphone ~cr is ~s~t~ or di~lmimcg ~ ~c ~Oid~ whose a~unt debi~g for :~ d~put~ or glsc}~ u~om d) ~e lge$ ~fl ~ illeg~ m have ~ ~. a~pted or endor~ !top.dy ~ e) ~e sties ~ ~ fEeg~le: ~ ~c ~u~ ~put of ~ ei~ic ~sac~on by M~h~t ia inv~id: ~th thc ~hol~n ~tN~' 44~760]i2Q00,886i ,o, oeo .... ~ ..... ' ' 0000 , ' ..... 0-- Ira to at $ ~..0taltmprtnt~'enttl due'~r~: " S -0- 8.931 53578-N6/89 I1. CoflfidcnttalltI I 1.1. Mc~:hsnt sh~il not di.-':lo~..~.,iX partes uth~ th~n to thc Mcrchtm's agcnU f~ thc pur-'do~ of usigin$ ~hc M~.h~ ''" eompl.-tiu$ thc Ir-,.as~r. io.u or u apexificslly tr. quu~t by Ca.-~holder's aecotmt lnf~'mazban no:' o{her penon~ -~f~mtr~on IL T~m~adoa ~u~ucnt ~ ~rsu~: h~), ~ a~ r~ ~ ~1 ~ ~ cH~ for t~ of~ ~s) ~ ~ ~ h~f. At~c cng of ~ t~ ~s A~:m~t a m~ly basis ~d ~ ~t~u~ h~ ~U f~c ~ cffc~, u~ ci~ A~t by Sving ~0 ~' ~n~ o~;c ~ thc omcr p~. l~ ~ the e~t ~t ~ ~Ccive~ ~fo~z~ ;i~g it ~:$c~{e m~li~ by B~ d~n$ ~= ~ of ~is A~m~ ~il A~t shall f~ ~y s~ {~ whi~ may ~ u~ Mc~P~t's ~ ~ M~ ~ ~e ~ton to ~te a~emen: ~fl ~, ~f~ of o~e~p of M~h~t a~ n~ m ~ or m m~ ~y ~l~om ~o~, ~epz · ~ by B~k. In ~ event of such au~0~E~, n~ h~ei~ S~ ~ c~aet to Mc~h~t ~d B~ 14. ~ of ~w · 1~1` ~is ~ ~;~: ~h~[l ~ ~ in ~;o~:¢ wi~ Ohio I~- ~lga6o~ of~ ~ ~h~t ah~l ~ S~eme~ ~ ~ !aw. ~ut ~ t~ ~p~{ cf ~S AG~. AC~: ' A.~~--~_A~'r NA~ONA~ ASSO CIATIO Mirmger ' ' '; "' ' :"'" 1 800 289 1626 '"'"' Telephone N~ - ~ - ..... , .... ~lt ~ T~ F~: . . · .... -:::" .. :i J · .. ~....~,,"*"' ~U M~blyF~ $ ..... ~ .... APPENDIX "C" aura Moathly F.) AMENDMENT' TO BANKCARD SERVICES AG~EMENT ~ndme~% signed this. day of?~f~R~, _,lg_~_between ~~_R ~ .~_Or_c~. (h~re~ft~r referred %o a~ "Merchant") ~nd Ameri%ru~ Company~ational Association, 900 Euclid Avenue, Cleveland, Ohio'44i01~ ~5,1 If the total ~mount of any s~les transaction is in excess of a !imitmtion imposed from time %o time by Bank,' Memchan~ will con%mcr authorize%ion facility and obtzin Bank's specific authorization to dr~w 'sales draft relating thereto, and such authorization will be nc%ed Merchant in the appropriate place on %he s~les draft. Obtaining , . does not relieve Merchant from risk of ch~rgeback, When ~utnoIization negative verification response is given, the Merchant must not comp.ere transaction, and if ins%rutted by frs authorization member to pick up card, it should do ~o by reasonable and peaceful means, notifying authorization member when the card is recovered ~nd ask for fur~h~ instructions, 15.2 ~erchant shall not receive any payments from m cmrdhoioer wz%n to charges for merchandise of services which are included on a sales resulting from use of a card. ' ~,3 Bank shall have the right to automatically terminate this without notice if Merchant has not offered to Bank a s~les %rmn~ac~icn period of one year or if any of the covenants of this ~greemen% ar~ vic!ate[ i5.4 b~nk or Merchant shall have the right to terminate this ~gr~men~ %~ .= ~h 30 days written no%ice to ~he other par%y, the provisions of no cw ith s~ audin~ . - 5 5 ~' ' ill use the terminals in accordance with Bank's · %:e~ chant w and will muthorize all sales m~de on Qumlified Cards %hrougP. the %~rminz regzrd!ess of the dollar amount. The authorization code mus~ be ~.e .... %he sales dr~ft or transaction record. 1~.8 If Merchant uses a third party terminal provider, the provide.- its agent f~or delivery of all visa transactions to %he Bank vim Vis~ %hz Merchant assumes full responsibility and liability for &ny failure %his agent %o comply with Vism Opermting Reguia%ions including amy which rzsul%s in m chamgeback to the Bank. 15.7 The oblige%ion of %he Bank %o reimburse the Merchant for ~he visa transactions cmptu~ed by a third party terminml service ag~hI'is %o the amount (less applicable discount) received by. Vis~ Met agent · AMERI~MPAN¥ NATIONAL ASSOCIATION By: -- ~ (merch&~t) By: APPENDIX "C" . T]~ANSACTION PROMPTING SEOUENCE 1. CARD NIPE- BEGIN PREDIALING & RECEIPT PRINTING (IT,S a - g). 2. PROMPT FOR CLERK ID NUMBER (2 DIGITS). 3, PROMPT FOR INVOICE NUMBER (16 DIGITS). 4. PROMPT FOR DEPARTMENT NUMBER (3 DIGITS) 5. PROMPT FOR TRANSACTION AMOUNT. 6. CALCULATE CPS SERVICE FEE AMOUNT BASED ON TRANSACTION MOUNT (CPS SERVICE FEE SCHEDULE). 7. FORMAT AUTHORIZATION TRANSACTION BASED TOTAL AMOUNT (TRANSACTION AMOUNT PLUS CALUCLATED CPS SERVICE ?EE). 8. ~ECUTE TRANSACTION APTER OPERATOR DEPRESSES "ENTER". 9. PRINT TRANSACTION RECEIPT AND DISPLAY FOLLOWING DATA: - ~AMPLE: MONDAY, APRIL 8, 1991 CPS- CITY OF CPS/TRAFFIC 1234 MAIN STREET ANY TOWN,' USA 99999 (813) 999-9999 MERCHANT I 12345678 TERMINAL I 1234567890 CLERK: 12 4:30 PM DEPT: 1234 INVOICE: 1234567890t23456 M/C 7687374938298439 AUTHORIZATION: 763487638 12/99 AMOUNT $100. O0 CPS SERVICE FEE $ 2.50 TOTAL AMOUNT $102.50 SIGNATURE X I AGREE TO PAY ABOVE AMOUNT ACCORDING TO TIlE CARD ISSUER AGREEMENT. SIGNER HEREBY AUTHORIZES CPS TO TRANSFER FUNDS FROM THE ACCOUNT DESIGHATED ABOVE TO THE GOVERNMenT NAMED AND PAY A CPS NON- REFUNDABLE SERVICE FEE FOR THIS TRANSFER. S~LEMENT PROCEDURE 1. ?UNCTION SELECT SETTLEMENT, PRINT BATCH SUMMARY REPORTS IN FOLLOVlMG FORMAT: - ~AMPLE: MONDAY, APRIL 8~ 1991 4:30 PM CPS- CITY OF CP~TRAFFIC MERCIIANT [ 12345678 TERMINAL ~ 1234567890 BATCH SUMMARY # CRD ACCOUNT I AUTH TYPE AMOUNT CLERK INVOICE SERVICE FEE M 1234567890 044567 S $ ~5.00 013 667346 $1.25 2 V 7687989899 787378 S $100.00 012 76746 $3.75 3 V 7657546590 345245 S $ ?5.00 012 64565 $2.50 GOVERHMENT TOTALS: MASTERCARD: I $ 25.00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL ~ $200.00 EXHIBIT 1 Page 1 of 2 CL~K ~HI~¥ REPORT CLERK: 012 MASTERCARD: 0 $ .00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 2 $175.00 CLERK: 013 MASTERCARD: I $ 25.00 VISA 0 $ .00 OTHER 0 $ .00 TOTAL I $ 25.00 GOVERNMENTTOTALS: MASTERCARD: I $ 25.00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 3 $200.00 CPS TOTALS: SERVICE FEES 3 $ 7.50 VOIDED 0 $ .00 BATCH TOTAL 6 $207.50 DEPARTHEI{T SUMMARY REPORT DEPARTI4EI~T: 1234 HASTERCARD: 0 $ .00 VISA 2 $175.00 OTHER 0 $ .00 TOTAL 2 $175.00 DEPARTMENT 4567 MASTERCARD: ] $ 25.00 VISA 0 $ .00' OTHER 0 $ .00 TOTAL I $ 25.00 GOVERNMENT TOTALS: MASTERCARD: i $ 25.00 VISA 2 $I75.00 OTHER 0 s .00 TOTAL 3 $200.00 CPS TOTALS: SERVICE FEES 3 $ 7.50 VOIDED 0 s .00 BATCH TOTAL 6 s207.50 EXHIBIT 1 Page 2 of 2 ORDINANCE NO. 91 / 21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING ANY CITY OFFICIAL WHO COIJ~CTS FEES, FINES, COURT COSTS, OR OTHER CHARGES TO ACCEPT PAYMENT BY CREDIT CARD; AUTHORIZING PROCESSING FEES AND SERVICE CHARGES; AUTHORIZING EXECUTION OF AN AGREEMENT FOR EleCTRONIC POINT OF SALE SERVICES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That any official of the City of University Park who collects fees, fines, court costs, or other charges is hereby authorized to accept payment by a credit card of any such fee, fine, court cost, or other charge. The specific officials of the City who shall participate in such a program shall be designated by the City Manager by appropriate administrative order. SECTION 2. That any municipal official who collects fees, fines, court costs, or other charges by acceptance of payment by a credit card shall collect a processing fee of five per cent (5%) of the amount of the fee, fine, court cost, or other charge being paid by a credit card. The City Council hereby finds and determines that five per cent (5%) of such fee, fine, court cost, or other charge is reasonably related to the expense incurred by the City in processing the payment by credit card. SECTION 3. That if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn, the City may collect a service charge of ten dollars ($10.00) from the person who owes the fee, fine, court cost, or other charge. The service charge is in addition to the original fee, fine, court cost, or other charge and is for the collection of that original amount. Such service charge is the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds. SECTION 4. That the City Manager be, and he is hereby, authorized to execute an agreement for electronic point of sale services with Consumer Payment Services, Inc., a Florida corporation, in the form set out in Exhibit "A" attached hereto and made part hereof for all purposes. SECTION 5. That all fees or charges collected under the provisions of this ordinance shall be deposited in the general fund of the City. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS on the 3rd day of September ATTEST: , 1991. CITY SECRETARY PPR.OVED AS TO FORM: CITY ATTORNEY (RLD/j d 8-09-91) ORDINANCE NO. 91 / 22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING ORDINANCE NO. 85/2 OF THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 85/2 regulating parking in Park Cities Plaza be, and the same is hereby, repealed and of no further force or effect, provided however, that such repeal shall not affect any other regulation or provision of any other ordinance or the Code of Ordinances of the City of University Park, which shall remain in full force and effect. SECTION 2. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of September , 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 8-23-91) ORDINANCE NO. 91 / 23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/24, THE BUDGET ORDINANCE FOR FISCAL YEAR 1990-91; CREATING NEW RESERVE FUNDS; APPROPRIATING FUNDS FOR CAPITAL PROJECTS; AUTHORIZING THETRANSFER OF FUNDSFROMTHESELF-INSURANCE FUND TO THE GENERAL FUND AND EMERGENCY FUND; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park adopted an annual municipal budget to cover the proposed expenditures of the City for fiscal year 1990-91; and WHEREAS, the City Council has determined that there is a public necessity to amend such original budget to meet conditions that were not included in the original budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That to complete the acquisition of property for the North Central Expressway Wall Project, it is necessary to appropriate the sum of One Million Dollars ($1,000,000.00) from the General Fund Unrestricted Reserve to the North Central Acquisition Account, and that the City Manager and Director of Finance be, and they are hereby, authorized and directed to transfer such funds from said reserve to said account. SECTION 2. That new Reserve Funds are hereby created to be known as the "Capital Equipment Reserve Fund" and the "Lovers Lane Replacement Reserve Fund" and the City Manager and Director of Finance be, and they are hereby, directed and authorized to transfer to the Capital Equipment Reserve Fund the sum of One Hundred Seventy Thousand Dollars ($170,000.00) from the General Fund Unrestricted Reserve and One Hundred Fifty Thousand Dollars ($150,000.00) from the Utility Fund Unrestricted Reserve, and to transfer to the Lovers Lane Replacement Reserve Fund the sum of Two Million One Hundred Thousand Dollars ($2,100,000.00) from the Utility Fund Unrestricted Reserve. SECTION 3. That to replenish the General Fund Unrestricted Reserve and the Utility Fund Unrestricted Reserve, the City Manager and Director of Finance be, and they are hereby, authorized and directed to allocate the cash carry-over sums from each fund for fiscal year 1990-91 to such reserves. SECTION 4. That to complete the Hillcrest Reconstruction Project, the City Manager and Director of Finance be, and they are hereby, authorized and directed to transfer to that Project account the sum of One Hundred Thirteen Thousand Dollars ($113,000.00) from the General Fund Unrestricted Reserve, and to transfer Two Hundred Fifty-One Thousand Dollars ($251,000.00) from the Capital Projects Surplus Reserve to that Project account. SECTION 5. That to fund the North Dallas Tollway Wall Project, the City Manager and Director of Finance be, and they are hereby, authorized and directed to transfer from the General Fund Unrestricted Reserve to the Capital Projects Surplus Reserve, for such Project, the sum of One Million One Hundred and Eighty-Nine Thousand Five Hundred Dollars ($1,189,500.00). SECTION 6. That to provide for the Service Center Renovations Project, the City Manager and Director of Finance be, and they are hereby, authorized and directed to transfer to the Capital Projects Surplus Reserve, for such Project, the sum of One Hundred Thousand Dollars from the General Fund Unrestricted Reserve and the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) from the Utility Fund Unrestricted Reserve. SECTION 7. Because the Insurance Committee has recommended that a One Million Dollar ($1,000,000.00) loan made from the General Fund to the Self-Insurance Fund be repaid, that the City Manager and Director of Finance be, and they are hereby, authorized and directed to repay the sum of One Million Dollars ($1,000,000.00) from the Self-Insurance Fund by allocating and transfering the sum of Five Hundred Thousand Dollars ($500,000.00) to the General Fund and the sum of Five Hundred Thousand Dollars ($500,000.00) to the Emergency Fund. SECTION 8. That this ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of October, 1991. APPROVED: ~AYOR- v -- DULY RECORDED: CITY SECRETARY 0 FORM CITY ATTORNEY (RLD/j d 9-20-91) ORDINANCE NO. 91/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 6, SECTION 1H AND I IN PART TO PROVIDE RESIDENTIAL AND COMMERCIAL COT.T.RCTION FEES FOR GARBAGE AND TRASH; PROVIDING FOR THE REPEAL OF AT.I. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 6, Sections 1N and I, of the Code of Ordinances of the City of University Park, Texas, be, and the same are hereby, amended in part as follows: "SECTION 1: REFUSE COLLECTION POLICIES (1) RESIDENTIAL COLLECTION FEES The city shall charge the following sums per months for its services in removing garbage and trash from residences, two-family houses, and apartment houses, as follows: Single Family Dwelling Two-Family Dwelling, per unit Apartments, per unit (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $11.55 $11.55 $11.55 $5.78 $42.00 (1) COMMERCIAL COLLECTION FEES The city shall for its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections Number of Containers 2 3 4 5 6 2 3 4 5 6 1 2 3 4 $61.61 $96.77 $114.41 $140.74 80.96 123.17 154.85 191.79 100.30 149.56 197.06 245.45 123.17 179.49 237.57 294.78 146.03 220.00 267.50 328.23 5 6 7 8 $167.08 $193.41 $219.66 $246.08 228.74 265.68 302.63 339.57 293.83 342.22 390.60 438.98 351.98 409.19 466.39 523.59 388.96 449.69 510.43 571.16 (3) The effective date of these amended collection fees shall be the first billing after October 1, 1991." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of October , 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 9-24-91) ORDINANCE NO. 91/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 11, SECTION 4A TO ESTABLISH SEWER SERVICE CHARGES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Section 4, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Subsection A(1) (d) (e) (2) (a) (b) , and (3) to read as follows: "SECTION 4: SEWER SERVICE CHARGES A. The following sewer service charges are hereby established: (1) The sewer service charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (d) (e) There shall be a thirteen dollar ($13.00) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. Any water used in excess of two thousand. (2,000) gallons per month shall be billed at one dollar and ninety-four cents ($1.94) per thousand gallons-per month-per unit for the sewer fee. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) A thirteen dollar ($13.00) minimum up to two thousand (2,000) gallons of water used per (3) month; and (b) One dollar and ninety-four cents ($1.94) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. For service to Southern Methodist University, one dollar and ninety-four cents ($1.94) per one thousand (1,000) gallons of water used per month, but the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceeding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of October , 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 9-24-91) ORDINANCE NO · 91 / 2 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, BY AMENDING CHAPTER 11, SECTION 4, TO PROVIDE SEWER SERVICE CHARGES IN THE EVENT AN OCCUPANT HAS NOT OCCUPIED HIS PREMISES DURING THE PRECEDING MONTHS OF NOVEMBER, DECEMBER, AND JANUARY; PROVIDING FOR THE REPEAL OF AIJ. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Section 4, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Subsection A(1)(f) in part as follows: "SECTION 4: SEWER SERVICE CHARGES (f) The sewer bill shall be based on the average billing of water over the three-month period as listed below: In the event an occupant has not occupied his premises during the preceding months of November, December, and January, the sewer service charges set out in this section shall be based upon the average billing of water to the premises during the preceding months of November, December, and January, until such occupant shall have had water service for the months of November, December, and January, at which time the sewer bill shall be based upon the average billing over such three-month period as set out above in this subsection, provided, however, that if the occupant's water usage during the first three full months service results in an average billing lower than the average billing to the premises for the preceding November, December, and January, the sewer service charges shall be adjusted and based upon such lower amount." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph~ sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of Octobsr /ED: , 1991. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 9-23-91) ORDINANCE NO. 91/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY DESCRIBEDAS LOTS 1-18, BLOCK 39, OFT HE UNIVERSITY HEIGHTS NO. 4 ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DAre'iS COUNTY, TEXAS, RECORDED IN VOLUME 5, PAGE 133, OF THE MAP RECORDS OF DATJJ%S COUNTY, TEXAS AND MORE COMMONLY KNOWN AS 3920 CARUTH; DESIGNATING ROBERT S. HYER ELEMENTARY SCHOOL AS PLANNED DEVELOPMENT DISTRICTNO. 16; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY T~E CITY COUNCIL OF ~ CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Planned Development District No. 16 for Robert S. Hyer Elementary School, on the property described as Lots 1-18, Block 39, of the University Heights No. 4 Addition, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 5, Page 133, of the Map Records of Dallas County, Texas, and more commonly known as 3920 Caruth. SECTION 2. That the Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinances of the City of University Park. That the granting of this Planned Development District is subject to the special condition that the portable buildings depicted on the Site Plan will be removed by the property owner within one (1) year from the date of this ordinance. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any subdivision, clause, phrase or section adjudged or held to be unconstitutional, paragraph, sentence, of this ordinance be illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY ADOPTED by the City Council of the City of University Park, Texas, on the 1st day of October , 1991. DULY RECORDED: CITY SECRETARY CITY ATTORNEY (RLD/j d 8-29-91) ORDINANCE NO. 91 / 28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY DESCRIBED AS BLOCKS 1 AND 2, OF THE OXFORD MANOR ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALT~S COUNTY, TEXAS, RECORDED IN VOLUME 4, PAGE 289, OF THE MAP RECORDS OF DALT~%S COUNTY, TEXAS AND LOTS 1-9, BLOCK 9, OF THE METHODIST UNIVERSITY ADDITION, RECORDED IN VOLUME 1, PAGE 341, OF THE MAP RECORDS OF DAL~S COUNTY, TEXAS, AND A PARCEL OF LAND BOUNDED BY GRASSMERE STREET TO THE NORTH, WESTCHESTER DRIVE TO THE EAST, THE NORTH EDGE OF BLOCK 9 OF THE METHODIST UNIVERSITY ADDITION TO THE SOUTH, AND DOUGLAS AVENUE TO THE WEST, REFERRED TO AS ABSTRACT 1145, RECORDED IN VOLUME 5, PAGE 153, OF THE MAP RECORDS OF DAL~S COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4220 EMERSON AND 7015 WESTCHESTER, DESIGNATING HIGHLAND PARK HIGH SCHOOL AS PLANNED DEVELOPMENT DISTRICT NO. 17; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensize Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Planned Development District No. 17 for Highland Park High School, on the property described as Blocks 1 and 2, of the Oxford Manor Addition, an Addition to the City of University Park, Dallas County, Texa, recorded in Volume 4, Page 289, of the Map Records of Dallas County, Texas, and Lots 1-9, Block 9, of the Methodist University Addition, Recorded in Volume 1, Page 342, of the Map Records of Dallas County, Texas, and a parcel of land bounded by Grassmere Street to the North, Westchester Drive to the East, the North edge of Block 9 of the Methodist University Addition to the South, and Douglas Avenue to the West, referred to as Abstract 1145, recorded in Volume 5, Page 153, of the Map Records of DAllas and more commonly known as 4220 Emerson and 7015 County, Texas, Westchester. SECTION 2. That the Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinances of the City of University Park. That the granting of this Planned Development District is subject to the special condition that the portable buildings depicted on the Site Plan will be removed by the property owner within one (1) year from the date of this ordinance. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any subdivision, clause, phrase or section adjudged or held to be unconstitutional, paragraph, sentence, of this ordinance be illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY ADOPTED by the City Council of the City of University 1st Park, Texas, on the day of October , 1991. APPROVED: DULY RECORDED: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 8-29-91) ORDINANCE NO. 91/2 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 1, SECTION 19, TO ADD SECTION K(1) (d) REQUIRING A SPECIAL PERMIT FOR ANY GROUP OF THREE HUNDI~D (300) OR MORE DESIRING TO USE A CITY PARK FOR SPECIAL EVENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 1, Section 19, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by adding Subdivision K(1)(d) thereto to read as follows: "K. PARKS AND PLAYING FIELDS RESERVATIONS (1) Use of Parks and Park Facilities (d) Any group of three hundred (300) or more people not sponsored by the City and desiring to use a city park as a gathering place or for an event or function of any kind shall be subject to the following requirements: The organizer or representatives of the group desiring use of the park for an event or function shall file an application for a special permit with the Parks Department at least thirty (30) days in advance of the proposed date for the event or function. The application will be on a form approved and provided by the Parks Department and will include the following information: The name, address and telephone number of the person or persons responsible for the event or function; A description of the event and its proposed date and hours of duration; Estimated number of people who will be in attendance; A description of any special features which may be involved (e. g. pony rides, petting zoos, bounce machines, port-a- johns, tents, etc.); The park and park area being requested for use; The nature and number of vehicles which will be used to transport people in attendance to and from the event; A description of any food and beverages which will be served at the event; A description of any voice or musical amplification equipment to be used; Any other information that may be required by the City Council, City Manager or any affected department of the City in order to establish additional requirements for the preservation of the public health, safety and general welfare. Within three days (3) of the time the application has been filed with the Parks Department, the City Council and/or City Manager will be notified of the action and will be provided copies of the application for review. The City Council and the City Manager are authorized to request more information from the parties filing the application for the purposes stated above and for the purposes of assessing the demand placed upon City services by the event and the impact upon the area surrounding the park. In addition to the requirements set forth in this section, the group shall comply with any and all other applicable laws, statutes, ordinances, resolutions and rules governing use of the Park. These include, but are not limited to, the payment of any fees or deposits which may be required for the use of city parks by this Code." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University 1st Park, Texas, on the day of October APPROVED: ATTEST: , 1991. CITY SECRETARY APPROVED AS TO FORM: (RLD/j d 9-26-91) ORDINANCE NO. 91/30 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE PREVIOUSLY PERFORMED FOR TEXAS CITIES FOR WHICH SUCH EMPLOYEES HAVE NOT RECEIVED CREDITED SERVICE; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I Authorization of Restricted Prior Service Credit: (A) On the terms and conditions set out in Sections 853.305 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS Act"), each me~%ber of the Texas Municipal Retirement System (hereinafter referred to as the "System") who is now or who hereafter becomes an employee of this City shall receive restricted prior service credit for service previously performed as an employee of any incorporated city or town in this state and for which the person has not otherwise received credited service in the System. The service credit hereby granted may be used only to satisfy length-of-service requirements for retirement eligibility, has no monetary value in computing the annuity payments allowable to the member, and-may not be used in other computations, including computation of Updated Service Credits. (B) A member seeking to establish restricted prior service credit under this ordinance must take the action required under said Section 853.305 while still an employee of this City. SECTION II This ordinance shall take effect immediately from and after its passage as the law and charter in such case provide. Passed and approved this the 5th day of November, 1991. ATTEST: City Secretary ~ ~ - ]q~yo r ORDINANCE NO. 91/31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING VARIOUS SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK SO AS TO DELETE FROM THE CODE VARIOUS FEES FOR CITY SERVICES; PROVIDING FOR THE ESTABLISHMENT OF SUCH FEES FOR CITY SERVICES BY APPROPRIATE CITY COUNCIL RESOLUTION; PROVIDING FOR THE REPEAL OF Al.I, ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances of the city of University Park, Texas, be, and the same is hereby, amended in part as follows: "CHAPTER 1. GENERAL PROVISIONS SECTION 10: FEES FOR CITY SERVICES Except as otherwise provided by this Code or by other applicable law, all fees to be charged by the City of University Park for city services shall be as established by an appropriate resolution of the city Council enacted in the form provided by law from time to time. Wherever a fee is referred to in this Code but is not set out in the applicable Section or Chapter, such fee shall be established by the resolution unless set by other applicable law. SECTION 15: RENTAL OF COUNCIL CHAMBER Ce Community related groups which serve the youth or elderly shall be allowed the use of the premises for a fee. Ail other groups shall pay a fee for daytime use and for use between 5:00 p. m. and 11:00 p. m. SECTION 18: MOBILE INTENSIVE CARE SERVICE MOBILE INTENSIVE CARE SERVICE FEES (z) A fee shall be charged per trip per person for the transportation by Mobile Intensive Care Unit of a person or persons to ahospital providing emergency medical attention within the boundaries of Dallas County. SECTION 19: PARK AND RECREATION REGULATIONS TENNIS COURT REGULATIONS (4) Permits and Fees. All qualified residents of the City of University Park, upon making application, may secure an annual tennis permit. Such permit shall be numbered and coded so as to indicate the time of its validity. The charges for individual tennis permits, family tennis permits, under 12 years of age permits and over 65 years of age permits shall be established by resolution of the city Council. The permit number shall be used in obtaining a reservation from the Reservations Office. SWIMMING POOL REGULATIONS (3) Permits. (a) Fees. (i) Ail qualified residents of University Park or non-resident owners of property, six (6) years of age or older, upon making application in person or by an authorized representative, may secure annual permits (tags) to swim in the pools of the City. The charge for these permits shall be as established by resolution of the City Council. (ii) Ail day care centers located in the City of University Park may purchase an annual pass for teachers, and students six (6) years of age or under. The annual pass for each day care center shall be issued upon payment of a fee ..... All non- resident students of such day care centers in the City who are seven (7) years of age or older shall pay a fee and shall be subject to the same time limitation and supervision ratio required of the day care center for resident students. (iii)A qualified resident of University Park may secure permission for bona fide guests to use pools by paying attendants of the gate a cash fee for each guest each time each guest uses the pool. (iv) A qualified resident or owner of property in University Park, not owning an annual permit (tag), may use the swimming pool upon paying a charge per person for each time the pool is used. (c) Lost taq. If the tag is lost, a duplicate may be secured from the City for a fee. (7) swimminq Instruction Classes. (b) An enrollment fee shall accompany the application for admission to a swimming class. In the event a person's name is dropped from a class roster because of three successive absences, an additional enrollment fee will be charged when application is made for reenrollment in any other class. (9) Use of Pools by Children under Six Aqe. (6) Years of If the parent or guardian desires to enroll such child in one of the swimming instruction classes, an enrollment fee shall be paid for the child. (12) Persons Who May Accompany Children to Small Pools (b). Ail adults accompanying small children to small pools in bathing attire must pay a guest fee or purchase a swim tag for a charge. RENTAL OF GOAR PARK PAVILION Ko (2) Bona fide residents of University Park may use the pavilion for personal use for a fee. (3) Ail other groups who use the pavilion for personal use, except those specified in the following section, shall pay a fee. (4) Ail applicants who desire to use the facility for business, commercial or professional gatherings may apply for the use of said pavilion for daytime hours between 9:00 a. m. and 5:00 p. m., and if such application is approved, the applicant shall pay the city Secretary a fee but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever for the use of the pavilion. (5) There shall be a charge for installation of the public address system if required by the person renting the pavilion. (6) . . . (c) Ail users, except city-related users, shall deposit a fee with the reservation clerk. Such deposit is to cover the costs of any necessary cleanup or vandalism during the rental period of an applicant ..... PARKS AND PLAYING FIELDS RESERVATIONS (1) Use of Parks and Park Facilities (b) Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc. shall carry a charge plus a damage and cleanup deposit. (2) Playinq Field Reservations ... (b) Reservation Card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee. (3) CHAPTER 2. Sports Clinics for Profit Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit-making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee for each hour that the clinic is scheduled to be operated in the park or on the playing field reserved .... ANIMAL CONTROL SECTION 8: DOGS, CATS, VICIOUS ANIMALS AND IMPOUNDMENT LICENSES (1) License Required The owner of each dog or cat more than four months old in the City shall obtain a license for such dog or cat from the City Manager. At the time of application for such license, the owner shall present the certificate of vaccination specified in Subsection G(1), above, and pay a licensing fee for each dog and cat. Ke IMPOUNDMENT eeo (5) Impoundment Fees The City Manager or his designee shall collect a fee for the impoundment of any animal prior to the release of such animal, if such animal has been impounded for a period of less than seventy-two (72) hours and an additional fee per day if such impoundment is for a period in excess of seventy- two (72) hours. If the animal has been impounded for observation for rabies and held for ten (10) days, the City shall collect a fee and an additional fee per day if such impoundment is for a period in excess of ten (10) days. CHAPTER 3. SECTION 1: BUILDING REGULATIONS BUILDING CODE AMENDMENTS TO THE BUILDING CODE (7) Section 308 Building Permits and Fees added as follows: is hereby (b) Any person, persons, firm, association, contractor, company, corporation or any other entity making application for a building permit shall make a sworn statement in writing on a form provided for the purpose stating the approximate total market value of the proposed building or improvement, including all plumbing, electrical, mechanical devices, equipment, materials and labor. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations and repairs as specified in a table of such fees to be adopted by appropriate resolution of the City Council, and shall specifically include fees for new construction and fees for additions, alterations and repairs. (18) Section 2905 (f) shall be amended as follows: (c) (v) In lieu of the option available in Paragraph (iv) above, a monthly drainage fee may be paid in an amount to be established in accordance with a resolution adopted by the City Council for such purpose. (21) Section 3808 shall be added as follows: (b) Registration Fees. A fee for registration of a license for a fire sprinkler contractor shall be as established by resolution of the City Council. SECTION 10: G. ELECTRICAL CODE AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 93-2 Permit Fees Any person granted a permit under this section shall pay to the city a fee therefor to cover the cost of inspections under this section, provided that such fees include fees for new construction and fees for additions, alterations and repairs. 96-4 Reqistration Fees The fees for licensing of qualified electricians and electrical contractors shall be payable to the city of University Park. The period for payment of fees shall begin on January 1st and end December 31st of the same calendar year. No inspection permit will be issued nor work authorized to permit the applicant thereof to enter into a contract for or do any installation, maintenance or repair of any electrical work unless such person has paid his annual registration subsection. fee as required by this SECTION 11: MECHANICAL CODE AMENDMENTS TO THE 1988 UNIFORM MECHANICAL CODE Table 3-A shall be deleted and permit fees for new construction and for additions, alterations and repairs shall be established. For fee calculation purposes, the building area is the total floor area of all storage devoted to human occupancy, including halls, stairways, elevators and other uses measured to outside faces of exterior walls and includes: Table 3-B shall be deleted and fees for registration of mechanical licenses, Class A and Class B, shall be established. SECTION 12: PLUMBING CODE AMENDMENTS TO PLUMBING CODE SECTION 20.7 shall be amended to provide that fees for each plumbing permit for new construction or for additions, alterations and repairs shall be as established. For fee calculation purposes, the building area is the total floor area of all stories ..... SECTION 17: MOVEMENT AND TRANSPORTATION OF HOUSES, BUILDINGS, STRUCTURES, TEMPORARY AND MOBILE HOMES MOVING PERMITS AND ESCORT FEE Ho The applicant shall pay a fee to the building official for the moving permit. (2) The applicant shall pay a fee for each city employee and vehicle that is needed to escort a house out of or to another location in University Park. There shall be a minimum of four hours, plus one hour of travel time, inclusive, before and after the structure movement. If employee(s) has to return at another time or date, the movers shall also pay for additional escort and/or travel time as deemed necessary by the Building official. (3) Ail fees shall be established and shall be paid to the Building Official at the time of application for a moving permit. If escort personnel have to return, all new escort fees will be paid before the house, building, or structure is moved. REQUIREMENTS FOR MOVING TEMPORARY AND MOBILE HOMES (4) The fee for the issuance of a permit for the moving of a mobile or temporary home within the city limits of the city of University Park shall be as established by resolution of the city Council. SECTION 19: TREES, SHRUBS, WEEDS, AND GRASS ABUTTING ON PUBLIC PLACES CITY MAY REMOVE (1) When trees are cut down on the parkways for any of the above reasons, the city of University Park may remove the tree stump(s) for the abutting property owner for a fee to be established by resolution of the City Council. CHAPTER 4. SECTION 1: BUSINESS REGULATIONS PEDDLERS AND SOLICITORS PERMITS (4) Investigation Fee A fee for investigation shall be charged which shall not be prorated and shall not be paid at the time the application is made and shall not be returned to the applicant, regardless of whether a permit is issued or not. SECTION 1.1: PERMIT TO VEND FROZEN DAIRY FOOD PRODUCTS C. PERMITS (4) Investiqation Fee An investigation fee shall be charged, shall not be pro-rated, and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. SECTION 1.2: PERMIT TO PAINT HOUSE NUMBERS ON STREETS B. PERMITS (3) Investiqation Fee The City Council shall establish a fee for investigation, which fee shall be charged, shall not be pro-rated, and shall be paid at the time the application is made. The fee shall not be returned to the applicant, regardless of whether a permit is issued or not. SECTION 2: PRIVATE GUARDS COMMISSION FEE Each individual receiving a private guard commission shall pay a fee as determined by a resolution of the City Council. SECTION 3: SECURITY SYSTEMS APPLICATION; FALSE STATEMENTS; ISSUANCE; TRANSFERABILITY; PERMIT FEES (7) A nonrefundable fee shall be paid by the applicant prior to the issuance of a permit. FEES FOR FALSE ALARM NOTIFICATION (x) The permit holder shall pay a fee for each false alarm notification, other than a false fire alarm notification, except under the following conditions: (a) The annual fee for a burglary alarm system may not exceed $50.00; (b) The Chief may set standards for burglary alarm systems to be permitted and may refuse to permit particular systems which in his discretion have a history of unreliability. (c) The City may not consider a false burglary alarm to have occurred unless a response is made by the Police Department within thirty (30) minutes of the alarm notification and the Police Department determines from an inspection of the interior or exterior of the premises that the alarm was false. (d) The fee for a false burglary alarm may not be imposed unless at least five (5) other false burglary alarms have occurred during the preceding twelve-month period. (e) For other alarm systems, no fee shall be assessed for the first three (3) false alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of issuance of a permit, no fee shall be assessed for false (2) alarm notifications received during the first thirty (30) days of the operation of the system and for the first three (3) false alarm notifications received during any calendar year. The permit holder shall pay a fee for each false fire alarm notification, except as follows: CHAPTER 6: SECTION 1: HEALTH & SANITATION REFUSE COLLECTION POLICIES RESIDENTIAL COLLECTION FEES (1) The City shall charge for its services in removing garbage and trash from residences, two-family houses, and apartment houses in accordance with a resolution passed by the City Council to establish such fees, provided that such resolution shall not be enacted until the City Council shall have given public notice and shall have discussed such fees in a public meeting. The Sanitation Department shall determine equitable charges for containers placed at residences, but in no event shall such charge be less than the minimum commercial charge established by resolution of the City Council. (3) (4) Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing in accordance with the resolution adopted in accordance with Subsection (1) above. Leaves or grass clippings in plastic bags shall be picked up on a regular route in the alley unless the number of bags exceeds ten (10) bags per week. Pickup of eleven (11) or more bags shall be on the parkway. The City shall charge for the removal of ranges, refrigerators, washers, dryers, window air conditioners, water heaters, and similar appliances when placed on the parkway on a "call-in" basis only. The fee for such removal shall be as established by the resolution enacted under the provisions of Subsection (1) above. I. COMMERCIAL COLLECTION FEES The City shall for its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge for containers placed at any such establishments based on a schedule to be set by resolution of the City Council in accordance with Section H(1) above. Nothing in such schedule shall prevent the Superintendent of Sanitation from calculating rates which are lower or which exceed the schedule as long as the time, volume and number of pickups are the basis for such calculation. (3) Collection fees shall be effective as provided by the resolution of the City Council adopted in accordance with SECTION H(1) above. SECTION 3: RULES ON FOOD SERVICE SANITATION PERMIT FEE An annual fee will be collected from each food service establishment for the initial permit and thereafter for the renewal of such permit. SECTION 5: LIQUID WASTE TRANSPORT FEE AND DISPLAY OF PERMIT The City shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee for the first vehicle and an additional fee for each additional vehicle operated by the person. Each permit must be renewed annually. CHAPTER 10. TRAFFIC CODE SECTION 23: IMPOUNDMENT OF VEHICLES E. IMPOUNDMENT FEES (1) Fees for impounding a vehicle shall be based upon the actual cost as charged by the designated wrecker service providing the impoundment, plus an administration fee. For storing a vehicle after the first 24-hour period, an additional fee shall be charged. For selling a vehicle, an additional fee shall be charged. For preparing an advertisement for sale, an additional fee shall be charged. For newspaper advertisements, the actual cost as charged by the designated City publication shall be charged. SECTION 24: EMERGENCY WRECKER SERVICE REGULATIONS WRECKER SERVICE FEES (].) (2) A designated wrecker company or another emergency wrecker company authorized by the Chief of Police to render specific service in a specific emergency shall charge the authorized fees for towing vehicles with a light-duty wrecker. The rates specified for light-duty wreckers shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge an additional sum per hour for recovery time. The time for recovery time shall begin when the heavy- duty wrecker arrives on the scene, and shall end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter-hour increments. I. STORAGE FEES A designated wrecker company shall charge fees for storing vehicles at its place of business. CHAPTER 11. SECTION 2: UTILITIES UTILITY SYSTEM SERVICE POLICIES WATER METER SECURITY DEPOSITS (1) (2) Before water service is furnished to a consumer at any address, the consumer shall be required, upon making application for such service, to deposit with the Manager of the Utility Office, deposits in accordance with a resolution of the City Council establishing such amounts. In the case of large apartments or business institutions, the City Council resolution may require a deposit equal to two times the average monthly bill on such premises or may require some other reasonable deposit. Ge WHEN WATER CUT OFF FOR NONPAYMENT OF BILLS When water is cut off from any consumer or from any premises on account of nonpayment for water and services furnished, the Manager of the Utility Office shall not permit the water or sewer services to be furnished to said consumer until the full amount delinquent, a ten (10%) per cent and a collection or reconnection charge is paid. Such amount shall be paid at the Utility office if the service is reconnected during normal office hours. EMERGENCY WATER CUT OFF SERVICE Whenever any consumer, owner or occupant of premises, shall request the City to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cutoff is either nonfunctional or cannot be found, then the Manager of the Utility office shall add a service fee to his bill for each cutoff. EXAMINATION AND TEST OF METERS (1) Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the Water Works for the purpose of ascertaining whether it is or is not registering correctly the amount of water which is being delivered through it to such consumer. When a consumer desires to have any meter so examined and tested, he shall make application in writing to the Manager of the Utility Office and deposit with such application an amount charged in accordance with the size of the meter. METER REREADS Any consumer who feels that his measured water consumption is excessive may request that the meter be reread. Two free rereads are allowed within each calendar year and any rereads in excess thereof will be conducted for a fee provided that if there is an error on the part of the City, or the meter is faulty, there will be no such additional charge. SECTION 3: WATER SERVICE CHARGES ae Water rates shall be established by appropriate resolution of the City Council enacted after public notice and a public meeting at which the City Council shall discuss such rates. Such rates, when established by such resolution, shall be collected by the Manager of the Water Works and Sewage Department within the City. B. Reserved. C. Reserved. D. Reserved. SECTION 4: SEWER SERVICE CHARGES ae Sewer service charges shall be established by appropriate resolution of the City Council enacted after public notice and a public meeting at which the City Council shall discuss such charges. The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (b) . . . (d) Reserved. (e) Reserved. (2) The sewer service charges for each business or commercial establishment of any nature, plus public institutions such as schools and churches, shall also be established by such resolution as provided in this section. (3) Service charges to Southern Methodist University shall be as provided in such resolution. SECTION 5: SCHEDULE OF UTILITY SERVICE CONSTRUCTION FEES For services performed by the City as denoted in this section, charges will be made in accordance with the resolution adopted as provided in SECTION 4A above. CHAPTER 12. SIGN REGULATIONS SECTION 1: GENERAL PROVISIONS PERMIT FEES (1) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee. There shall be no fee for alterations involving only change in copy, content or color. Valuation shall mean the total cost of the sign or the value thereof if cost was not arrived at by transaction between independent parties. (3) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all the other provisions of Chapter 12 nor from any penalty prescribed by law." BECTIO~ 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTIO~ 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of November , 1991. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 8-19-91) ORDINANCE NO. 91/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 3, SECTION 12C(4) AND (5) TO PROVIDE FOR THE REGISTRATION OF PLUMBING CONTRACTORS; AMENDING CHAPTER 3, SECTION 22C(3) TO REQUIRE REGISTI~ATION OF IRRIGATION CONTRACTORS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Section 12, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by amending Subsection C(4) and (5) to read as follows: "(4) Sec. 20.15 Reqistration of License It shall be required that any contractor making application for a plumbing permit be licensed as a plumbing contractor by the City. To obtain a plumbing contractor's license, the applicant shall first file an application for registration therefor, in writing, on a form furnished by the City for that purpose. Every such application shall: (a) Be completely filled out; (b) List all the names and titles of authorized officers, agents and master plumbers; (c) Be accompanied by a copy of the current State- issued license of each master plumber employed by the contractor and a copy of the contractor's general liability insurance policy; and (d) Be accompanied by the appropriate fee. A homeowner or occupant of a home may apply for and receive a permit to install plumbing in a single-family residence, provided: (a) (b) (c) The homeowner/occupant does not employ outside assistance in doing the plumbing work; Proper plumbing permit fees are paid; and Ail other provisions of this Code are met. (5) The license fee for plumbing contractors shall be as established by resolution of the city Council." SECTION Z. That Chapter 3, Section 22, of the Code of Ordinances of the city of University Park, be, and the same is hereby, amended by amending Subdivision C(3) to read as follows: "C. PERMITS AND INSPECTIONS (3) It shall be required that any person making application for an irrigation permit be licensed by the City. To obtain a license as an irrigation contractor, the applicant shall first file an application for registration therefor, in writing, on a form furnished by the Building Department for that purpose. Every application shall: (a) Be fully completed; (b) List all the names and titles of authorized officers, agents and employees; (c) Be accompanied by a copy of the current State- issued license for each licensed irrigator employed by the contractor and a copy of the general liability insurance policy of the contractor; and (d) Be accompanied by the fee required for such license. (4) The fee for a license for an irrigation contractor shall be as established by resolution of the City Council." SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the city Council of the city of University Park, Texas, on the 5th day of November , 1991. APPROVED ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 10-14-91) ORDINANCE NO. 91/33 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 79-10, THE CABLE TELEVISION FRANCHISE ORDINANCE WITH SAMMONS COMMUNICATIONS, INC., SO AS TO DELETE FROM SCHEDULE B THEREOF THE REQUIREMENT TO FURNISH FM RADIO STATIONS AS A PART OF THE BASIC SERVICES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 79-10 of the city of University Park granting a franchise to Sammons Communications, Inc., to own, operate and maintain a cable television system in the City be, and the same is hereby, amended by deleting from Schedule B "University Park Channels Basic Services" the requirement for "FM Radio Stations--24 Hours--Off Air". SECTION 2. That except as amended hereby, the provisions of Ordinance No. 79-10 with regard to the cable television franchise agreement between the City of University Park and Sammons Communications, Inc., shall remain in full force and effect. SECTION 3. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas on the 5th day of November , 1991. APPROVED: ~ /1 ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 10-30-91) ORDINANCE NO. 91 / 34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 91-16 TO CARRY FORWARD GENERAL FUND ENCUMBRANCE BALANCES TOTALLING $1,022,643.22 AND UTILITY FUND ENCUMBRANCE TOTALLING $997,635.26; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, funds were appropriated for various projects in the General Fund and the Utility Fund in the 1990-91 budget of the City; and WHEREAS, such funds were enc=mbered by appropriate action authorizing contractual obligations which were not completed or paid during the 1990-91 fiscal year; and WHEREAS, it is necessary to carry forward such encumbrances to the 1991-92 budget by amendment of the current fiscal year budget ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. That Ordinance No. 91-16, the 1991-92 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended by carrying forward, from the 1990- 91 budget, encumbrances in the General Fund totalling $1,022,643.22 and in the Utility Fund totalling $997,635.26. Such encumbrances are those projects for which funds were appropriated in the 1990-91 budget, but which were not completed during the fiscal year 1990-91 and for which such funds should be carried forward to the 1991-92 budget year. A list of all such encumbrances approved hereby for carrying forward to the current fiscal year budget is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 2. Ail ordinances in conflict with the provisions of this ordinance are hereby repealed, and all provisions of ordinances not in conflict with the provisions hereof shall remain in full force and effect. Section 3. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of November , 1991. APPROVED AS TO FORM: CITY ATTORNEY APPROVED: ATTEST-. CITY SECRETARY ATT'ACHMENT' 1 (:Page 1 c,f 3) GENERAl_ FUND FINANCE: PI]STAGE PRINTING EQUIP REPAIRS/NON VEFIICLE DUES 8.. SUBSCRIP]'IONS TRAVEL EXPENSE OFFICE EQUIPMENT Mil) RANGE COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT Mil) RANGE C[]MPUTER PROGRAMMING TOTAL. FINANCE LEGAL: PROFESS I OF. IA L. SE RV I []ES PROGRAMM I NG/MA I NI'ENANC E PRINTING EL--]UIF:' REPAIRS/NON VEHICLE MICR[] COMPUTER EQUIPMEN'I" MINI COMPUTER PROGRAMMING 'TOTAl.. LEGAL TRAFF I C: TRAFFIC MATERIAL. S SIGN & SIGNAl_ MAINT & REPAIR TRAFFIC SIGNAL. INSTALLATION OFFICE FURNITURE TOTAl.. TRAFFIC GARAGE: SUPF~L t ES GARAGE EQUIF'MENT ]"(])]'AI.. GARAGE FACILI'FY MAINTENANCE: SUPPL lES CONff'RACT MAINTENANCE HEAT-LIGHT-WATER UTILITIES SECLIRITY EXPENSE FACII..I]'Y MAIIqq'ENANCE & REPAIR HAZARDOUS WASTE 8ERV SMALL EQU I PMEN]" FUEL Sff'ORAGE T~NKS TOTAL. FACI L Iff'Y PtAINTENANCE ENCUMBRANC]ES 9/30/91 1,000.00 213.88 600.00 400.00 180.00 1, OCx). 00 16 ~ 500. (')0 980.00 6 ~ 350.00 ::27,223.88 300.0C" · z,o i. 62.!: 215.00 500.00 000.00 I 1,500.46 17, 464. '.79 4'7.96 16, 200.00 819.65 34, 531.90 1,000. (]0 6~ ()00. C.x} '7,000.00 467.60 65,000.00 .1. 5 ~ 000.00 1,901.30 15 ~ 000.00 11,785. O0 880. OC" 106,824.50 :.~. '.71. 6,858. ATTACHEMENT 1 (Page 2 of 3) FIRE: CL. OTHING AL L. OWANCE PROTECTIVE CL[]THING & SUF:'PLIES MICU DRUGS & SUPPLIES PROFESSIONAL !SERVICES P ROG RAMM I NG / MA I NTENANCE RADIO EQUIPMENI' MICU EQUIPMENT TOTAL. FIRE POI_ICE: DETENTION SERVI[]ES PROGRAMM I NG/MA I NTENANCE SPECIAL. OPERATIONS AUT'P REPAIRS OTHER EXPENSE TOTAL POLICE SAN I TAT I ON: SUPPL I ES LAND FILL AUTO REPAIRS EQUIP REPAIRS/NON VEHICLE HEAVY DUTY TRLJCKS ]"GTAL. SANITATION 109.65 78, 411 . 38 10,000.00 7,000.00 7(), 000.00 165.~ 521.03 PARKS: SMALl.. TOOLS EQUIP REPAIRS/NON VEHICLE PARK FACILITY REPAIR PARK EQUIPMENT REPAIR FL. OWERS, TREES & SHRLJBS RADIO EQUIPMENT PARK IMPROVEMENTS TOTAL PARKS 560.00 295.00 86,796.00 2,236.90 11,61'7.50 1,600.00 65 ~ 547.00 168,652.40 SWIMMING POOl_: SWIMMING POOL REPAIRS SWIMMING 1:~001.. EXPENSE TOTAL SWIMMING POOL 3 (}, '-'.]: 30.0 () 3,724.00 33,954.00 ATTACHMEIxlT 1 (Page 3 of 3) S'I" REE'TS: SUP PI.. I ES STREE'T REPAIR MATERIAl_ REPAVING OUTSIDE CONTRACT'OR ]'OI..LWAY WAI..I.. DESIGN EQLJIPMENT RENTAl.. STREET EQLJIPMENT AL.I..EY REPLACEMENT PROJECT 'TOTAL STREET'S 'TOTAL GENERAl_ FUND 13(:) ,, 35 1,785,,/32 249,701:: ,, 94 4, 2 (') 0 ,, () 0 4,000 ,, .'.} 0 58,593.. 39 13, 32.6.82. 331,739.3':.!: 1,022,643.22 UTILITY FUND UTILITY OFFICE: PROFESSIONAL SERVICES P R 11'4 T I NG SEWER PAYMENT'S EQUIP REPAIRS/NON VEHICLE TUIT'ION & TRAINING MID RANGE COMPUTER PROGRAMS TOTAL UTILITY GFFICE WA'T'ER SERVICE: STANDBY PAY PROGRAMMING MAINTENANCE FACIL. ITY MAINTENANCE & REPAIR WATER MAIN MAINTENANCE FIRE FtYDR/LIN INST. MICRO COMPUTER EQUIPMEN]" WATER SERVICE EQUIP PUMPS LINE REPLACEMENT PROJECT OFFICE FURNITURE CROSS T'OWN MAIN TOTAL WATER SERVICE WASTEWATER: EQUIP REPAIRS/NON VEHICLE SEWER MAIN MAINTENANCE TUITION & TRAINING LINE REPI..ACEMENT TG'TAL WASTEWAT'ER TOTAL UT'I LI'T'Y FtJND 2,000.00 741.70 114,600.0() 3,000.00 500.00 3, 600.00 124,441.70 2,080. O0 5Cx}. 00 'F) .1., 370.00 41,480.54 10,263. '74 8,5Cx}. 00 21,364.00 4,859.00 211,697.42 1,000. C', 0 2() 7, 138.70 6Ex}, 253.40 3, 600.00 30, 810. ~S8 1,860.00 :236,669..¢8 272,940.16 997,635.26 GRAND TOTAl_ -'GENERAl.. & UTILITY FUNDS :2, 0:20,278.48 ORDINANCE NO. 91/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANTANAMENDMENT TO THE APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 1-R (PD-1-R), SNIDER PLAZA; PERMITTING GENERAL RETAIL USES ON THE SECOND FLOOR OF THE BUILDING AT 6801 SNIDER PLAZA, LOT 1, LOT 2, AND THE SOUTH THIRTEEN (13) FEET OF LOT 3, BLOCK F, CAMPUS HEIGHTS %1 ADDITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the city of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the city of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the approved site plan for Planned Development District No. 1-R (PD-1-R), as heretofore amended, be, and the same is hereby, amended so as to permit general retail uses on the second floor of the building commonly known as 6801 Snider Plaza, and described as Lot 1, Lot 2, and the South thirteen (13) feet of Lot 3, Block F, in the Campus Heights Number 1 Addition to the City of University Park, Dallas County, Texas. SECTION 2. That the provisions of PD-1-R(c) and all other ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of December , 1991. APPROVE D: DUL~ RECORDED: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY (RLD/j d 11-25-91) ORDINANCE NO . 91 / 3 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS THE SOUTH TEN (10) FEET OF LOT 15 AND LOT 16, BLOCK 1, IN THE FRANCIS DANIEL PARK ADDITION, MORE COMMONLY KNOWN AS 6805 GOLF, TO PERMIT THE INSTALLATION OF KITCHEN, COOKING AND FOOD PREPARATION FACILITIES IN A DETACHED ACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Specific Use Permit for the property described as the South ten (10) feet of Lot 15 and Lot 16, Block 1, in the Francis Daniel Park Addition, more commonly known as 6805 Golf, to permit the installation of kitchen, cooking and food preparation facilities in a detached accessory building. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of January, 1992. APPROVED: DULY RECORDED: CITY SECRETARY / ORDINANCE NO . 91 / 37 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDEDv SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS NINETY (90) FEET OF BLOCK Ev IN THE WINDSOR PLACE ADDITION, MORE COMMONLY KNOWN AS 6Zll ST. ANDREWS, TO PERMIT THE CONSTRUCTION OF A BRICK WALL, EIGHT (8) FEET IN HEIGHT, ALONG THE WEST PROPERTY LINE ADJACENT TO PRESTON ROAD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that Comprehensive Zoning Ordinance and Map should be amended; THEREFORE, the NOW, PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Specific Use Permit for the property described as ninety (90) feet of Block E, in the Windsor Place Addition, more commonly BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY known as 6211 St. Andrews, to permit the construction of a brick wall, eight (8) feet in height, along the West property line adjacent to Preston Road, as permitted by Section 23-102 of the Comprehensive Zoning Ordinance. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of December , 1991. D~CORDED: APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 11-25-91) CITY SECRETARY ORDINANCE NO. 91/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 2 AND THE SOUTH 22.5 FEET OF LOT 1, BLOCK 3, IN THE UNIVERSITY PARK ESTATES REVISED ADDITION, MORE COMMONLY KNOWN AS 6601 HUNTERS GLEN, TO PERMIT TWO KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITIONS~ PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT~ PROVIDING A SEVERABILITY CL~USE~ PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE~ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the city Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 2 and the South 22.5 feet of Lot 1, Block 3, in the University Park Estates Revised Addition, more commonly known as 6601 Hunters Glen, to permit two kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION 2. That the granting of this zoning amendment is subject to the following special conditions, to-wit: A. A covenant running with the land be executed by the property owners that prohibits the use of the accessory building for lease/barter exchange. B. Only one area in the structure be used for domestic help. C. No vehicle parking in the alley. D. All windows shall be placed in conformance with applicable ordinances. E. No more than two persons may occupy the apartment. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of December , 1991. APPROVED: DULY RECORDED: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 11-25-91) ORDINANCE NO. 91/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ANENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE /~MENDED, SO AS TO GRANT ANAMENDMENT TO THE APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 2-R (PD-2-R), MIRACLE MILE; PERMITTING A FENCE AND ROOF STRUCTURE TO BE CONSTRUCTED ON THE REAR OF THE TENANT SPACE AT 4424 LOVERS LANE, LOT 3 AND THE WEST FIFTY (50) FEET OF LOT 2, BLOCK B, IDLEWILDE #2 ADDITION; SUBJECT TO THE SPECIAL CONDITION THAT THE FENCE BE LOCATED TO PERMIT PARKING OFF OF THE ALLEY WAY AND THAT THE ADDITION BE CONSTRUCTED SO AS TO CONFORM WITH THE BUILDING CODE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CL&USE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the city of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the approved site plan for Planned Development District No. 2-R (PD-2-R), as heretofore amended, be, and the same is hereby, amended so as to permit a fence and roof structure to be constructed on the rear of the tenant space at 4425 Lovers Lane, described as Lot 3 and the West fifty (50) feet of Lot 2, Block B, in the Idlewilde #2 Addition to the City of University Park, Dallas County, Texas, and subject to the special condition that the fence be located to permit parking off of the alley way and that the addition be constructed so as to conform with the Building Code of the City of University Park. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immeditely from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of January, 1992. APPROVED: DULY RECORDED .- CITY SECRETARY 6-17-91 ORDINANCE NO . 91 / 40 AN ORDINANCE WHEREBY THE CITY OF UNIVERSITY PARK, TEXAS, AND SOUTHWESTERN BELL TELEPHONE COMPANY AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TE~.~.COMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL MAINTAIN AND CONSTRUCT ITS POLES, WIRES, ANCHORS, FIBER, CABLES, MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG, ACROSS, ON, OVER, THROUGH, ABOVE AND UNDER ALL PUBLIC STREETS, AVENUES, HIGHWAYS, ALLRys, SIDEWALKS, BRIDGES OR PUBLIC WAYS IN SAID CITY; PRESCRIBING THE ANNUAL COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY AND THE PERFORMANCE OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR A RET.RASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE. WHEREAS, Southwestern Bell Telephone Company (hereinafter referred to as the "TELEPHONE COMPANY") is now and has been engaged in the telecommunications business in the State of Texas and in furtherance thereof, has erected and maintained certain items of its physical plant in the City of University Park, Texas (hereinafter referred to as the "CITY"); and WHEREAS, the TELEPHONE COMPANY has operated its telecommunications business in the CITY under successive ordinances of the CITY, the last of which was the Ordinance Number 91/3 adopted April 1, 1991; and WHEREAS, it is recognized by the parties that changes in the telecommunications industry, changes in technology, changes in state and federal law, and changes in the accounting practices mandated by the Uniform System of Accounts promulgated by the Federal Communications Commission ("FCC"), along with regulatory requirements of the Texas Public Utility Commission ("PUC"), have caused the traditional method of determining the amount of compensation to municipalities to become administratively impractical and obsolete for telecommunications utilities only. In order to resolve these issues in a manner satisfactory to both the CITY and the TELEPHONE COMPANY, the CITY and the TELEPHONE COMPANY have chosen the method of determining the amount of compensation provided for in this Ordinance to eliminate the expense and time related to audits, to achieve administrative simplicity, to provide the CITY with predictable revenues and an opportunity for growth and to avoid the expense and delays of litigation which could be necessary to resolve any issues in controversy between the parties; and WHEREAS, it is to the mutual advantage of both the CITY and the TELEPHONE COMPANY that an agreement should be entered into between the TELEPHONE COMPANY and the CITY establishing the conditions under which the TELEPHONE COMPANY shall maintain and construct its physical plant in the CITY in the future; - Page 2 - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1 - PURPOSE Pursuant to the laws of the State of Texas, the CITY Charter and this Ordinance, the TELEPHONE COMPANY has the NON-EXCLUSIVE right and privilege to USE the public RIGHTS-OF-WAY in the CITY for the operation of a telecommunications system subject to the restrictions set forth herein. The TELEPHONE COMPANY may USE such RIGHTS-OF-WAY for its telecommunications FACILITIES. The TELEPHONE COMPANY'S FACILITIES and TRANSMISSION MEDIA used in or incident to the provision of telecommunications service and to the maintenance of a telecommunications business by the TELEPHONE COMPANY in the CITY shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the CITY in the exercise of its lawful police powers and such changes and extensions as may be considered necessary by the TELEPHONE COMPANY in the pursuit of its telecommunications business. The terms of this Ordinance shall apply throughout the CITY, and to all operations of the TELEPHONE COMPANY within the CITY, and shall - Page 3 - include all operations and FACILITIES used in whole or in part in the provision of telecommunications services in newly annexed areas upon the effective date of any annexation. SECTION 2 - ADDITIONAL AUTHORITY REQUIRED The TELEPHONE COMPANY is not authorized to provide cable television service in the CITY under this Ordinance, but must first obtain a separate agreement from the CITY for that purpose, under such terms and conditions as may be required by law. This Section does not preclude the TELEPHONE COMPANY from providing its tariffed services to cable television companies. SECTION 3 - DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this Section: (a) FACILITIES: all poles, conduits, other equipment, TELEPHONE COMPANY duct spaces, manholes, underground and overhead passageways, and structures and appurtenances and all associated TRANSMISSION MEDIA. - Page 4 - (b) USE: any TELEPHONE COMPANY acquisition, construction, reconstruction, maintenance or operation of any FACILITIES in, over, under, along, through or across the public RIGHTS-OF-WAY for any purpose whatsoever. (c) CITY: The City of University Park, Texas. (d) RIGHTS-OF-WAY: all present and future streets, avenues, highways, alleys, bridges and public ways within the city limits of the CITY. (e) DIRECTION OF THE CITY: all ordinances, laws, rules, regulations, and charter provisions of the CITY now in force or that may hereafter be passed and adopted which are not inconsistent with this Ordinance. (f) TRANSMISSION MEDIA: all TELEPHONE COMPANY cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, data or other purposes. (g) NON-EXCLUSIVE: no rights agreed to in this Ordinance by the CITY shall be exclusive, and the CITY reserves the right to grant franchises, licenses, easements or permissions to use the public RIGHTS-OF-WAY within the CITY to any person or entity as the CITY, in its sole discretion, may determine to be in the public interest. (h) TELEPHONE COMPANY: Southwestern Bell Telephone Company. - Page 5 - SECTION 4 - TERM This Ordinance shall continue for a period of seven (7) years from the effective date; provided that at the expiration of the initial period, such term may be extended by mutual written agreement of the CITY and TELEPHONE COMPANY. SECTION 5 - SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS (a) Ail poles placed shall be of sound material and reasonably straight, and shall be set so that they will not interfere with the flow of water in any gutter or drain, and so that the same will not unduly interfere with ordinary travel on the streets or sidewalks. The location and route of all poles, stubs, guys, anchors, conduits, fiber and cables placed and constructed by the TELEPHONE COMPANY in the construction and maintenance of its telecommunications system in the CITY shall be subject to the lawful exercise of the CITY'S police power and the DIRECTION OF THE CITY. (b) The CITY meserves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including telecommunications and cable television lines, and to do and permit to be done any underground and overhead work that may be deemed necessary or proper by the CITY, in, across, along, over, or - Page 6 - under any RIGHT-OF-WAY or public place occupied by the TELEPHONE COMPANY, and to change any curb or sidewalk or the grade of any street. In performing or permitting such work to be done, the CITY shall not be liable to the TELEPHONE COMPANY for any damages related to such work, nor shall the CITY be liable to the TELEPHONE COMPANY for any damages not proximately caused by the CITY, provided, however, nothing herein shall relieve any other person or corporation from liability for damage to FACILITIES of the TELEPHONE COMPANY. (c) Whenever it shall be necessary to require TELEPHONE COMPANY to alter, change, adapt, or conform its FACILITIES within the RIGHT-OF-WAY, such alterations or changes shall be made promptly, with consideration given to the magnitude of such alterations or changes, without claim for reimbursement or damages against the CITY. If any such requirements impose a financial hardship upon the TELEPHONE COMPANY, the TELEPHONE COMPANY shall have the right to present alternative proposals to the CITY, and the CITY shall give due consideration to any such alternative proposals. It is understood and further provided, however, that the CITY shall not require TELEPHONE COMPANY to remove its FACILITIES entirely from such RIGHT-OF-WAY. If the CITY requires the TELEPHONE COMPANY to adapt or conform its FACILITIES to enable any other entity or person, except the CITY, to use, or to use with greater convenience, RIGHTS-OF-WAY or public property, TELEPHONE COMPANY shall not be required to make any such changes until such other - Page 7 - entity or person shall reimburse or make arrangements satisfactory to TELEPHONE COMPANY to reimburse the TELEPHONE COMPANY for any loss and expense caused by or arising out of such change; provided, however, that the CITY shall never be liable for such reimbursement. SECTION 6 - ATTACHMENTS TO POLES AND SPACE IN DUCTS Nothing contained in this Ordinance shall be construed to require or permit any pole attachments for electric light or power wires or communications facilities or systems not provided by the TELEPHONE COMPANY to be attached to the TELEPHONE COMPANY'S poles or other physical plant or placed in the TELEPHONE COMPANY'S conduit. If the CITY desires pole attachments for electric light or power wires or communications facilities or systems not provided by the TELEPHONE COMPANY, or if the CITY desires to place communications facilities or systems not provided by the TELEPHONE COMPANY in any TELEPHONE COMPANY duct, then a further separate, noncontingent agreement shall be prerequisite to such attachment(s) or such use of any duct by the CITY. Nothing contained in this Ordinance shall obligate or restrict the TELEPHONE COMPANY in exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light - Page 8 - and/or power companies or with other wire-using companies which are authorized to operate within the CITY. SECTION 7 - STREETS TO BE RESTORED TO PRE-EXISTING CONDITION (a) Except in an emergency, the TELEPHONE COMPANY shall not excavate any RIGHT-OF-WAY without first notifying the Director of Public Works, and, in the case of planned construction projects, shall submit construction drawings with such notification. If approval is required it shall be given by the CITY within ten (10) working days of submittal, if the proposed excavation is in compliance with the requirements of the DIRECTION OF THE CITY. The Director of Public Works or the Director's designee shall be notified as soon as practicable regarding work performed under emergency conditions, and the TELEPHONE COMPANY shall comply with any reasonable requirements of the Director of Public Works for the restoration of the RIGHTS-OF-WAY within the CITY. (b) The surface of any public street, avenue, highway, alley or public place disturbed by the TELEPHONE COMPANY in the construction or maintenance of its telecommunications system shall be restored within a reasonable time after the completion of the work to as good a condition as before the commencement of the work. Should the CITY reasonably determine, within one year from the date of such restoration, that such surface requires additional restoration - Page 9 - work to place it in as good a condition as before the commencement of the work, the TELEPHONE COMPANY shall perform such additional restoration work in accordance with the CITY'S standard specifications. No public street, avenue, highway, alley or public place shall be encumbered for a longer period than shall be necessary to execute all work. SECTION 8 - TEMPORARY REARRANGEMENT OF AERIAL WIRES Upon request, the TELEPHONE COMPANY shall remove or raise or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the party or parties requesting them, and the TELEPHONE COMPANY may require payment in advance. The TELEPHONE COMPANY shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary rearrangements. SECTION 9 - TREE TRIMMING The right, license, privilege and permission is hereby granted to the TELEPHONE COMPANY, its contractors and agents, to trim trees upon and overhanging the streets, avenues, highways, alleys, sidewalks and public places of the CITY so as to prevent the - Page 10 - branches of such trees from coming in contact with the aerial wires, fiber or cables of the TELEPHONE COMPANY, and when so directed by the CITY, said trimming shall be done under the supervision and direction of the CITY or of any CITY official to whom said duties have been or may be delegated. SECTION 10 - INDEMNITY The TELEPHONE COMPANY shall indemnify and hold the CITY harmless from all costs, expenses (including attorney's fees) and damages to persons or property arising directly or indirectly out of the construction, maintenance or operation of the TELEPHONE COMPANY'S FACILITIES located within the public RIGHTS-OF-WAY found to be caused solely by the negligence of the TELEPHONE COMPANY. This provision is not intended to create a cause of action or liability for the benefit of third parties but is solely for the benefit of the TELEPHONE COMPANY and the CITY. - Page 11 - SECTION 11 - ADMINISTRATION OF ORDINANCE (a) The CITY may, at any time, make inquiries pertaining to this Ordinance and the TELEPHONE COMPANY shall respond to such inquiries on a timely basis. (b) Copies of petitions, applications, communications and reports submitted by the TELEPHONE COMPANY to the Federal Communications Commission or the Public Utility Commission of Texas shall be provided to the CITY upon request. (c) The CITY may establish, after reasonable notice, such rules and regulations as may be appropriate for the administration of this Ordinance and the construction of the TELEPHONE COMPANY'S FACILITIES on CITY property to the extent permitted by law. SECTION 12 - COMPENSATION TO THE CITY (a) As compensation for the use, occupancy, oversight, supervision and regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in full compensation for any lawful tax or license or charge or RIGHT-OF-WAY permit fee or inspection fee, whether charged to the TELEPHONE COMPANY or its contractor(s), or any RIGHT-OF-WAY easement or street or alley rental or franchise tax or other - Page 12 - character of charge for use and occupancy of the RIGHTS-OF-WAY within the CITY, except the usual general ad valorem taxes, special assessments in accordance with State law or sales taxes now or hereafter levied by the CITY in accordance with State law, the CITY hereby imposes a Charge upon the Gross Receipts (as hereinafter defined) of the TELEPHONE COMPANY. The amount of the Charge for the first year this Ordinance is in effect shall be $260,700.00. In no event shall such Charge be less than the above amount for each year this Ordinance is in effect, except as provided in the case of disannexation as set forth in paragraph 12(e), or as provided in Section 16 herein. The TELEPHONE COMPANY will, according to tariff, bill such Charge to the customers billed the customer service charges included within the term "Gross Receipts," as defined herein. Gross Receipts, for purposes of this Charge, shall include only customer service charges which meet all four of the following conditions: (1) such charges are for TELEPHONE COMPANY services provided within the CITY; (2) such charges are billed through the TELEPHONE COMPANY'S Customer Records Information System ("CRIS"); (3) such charges are the recurring charges for the local exchange access rate element specified in the TELEPHONE COMPANY'S tariffs filed with the PUC; and (4) such charges are subject to an interstate end user common line ("EUCL") charge as imposed by the Federal Communications Commission ("FCC"). - Page 13 - For the second and subsequent years while this Ordinance remains in effect, the above Charge is subject to adjustment by application of the Growth Factor set out in paragraph 12(c). This adjustment for the Growth Factor will be made effective as of each anniversary date of this Ordinance. The TELEPHONE COMPANY shall adjust its billings to customers to account for any undercollection or overcollection of the Charge due the CITY. (b) The Charge for each year shall be paid in four (4) equal installments on May 31, August 31, November 30 and February 28. In the event of any over or undercollection from customers at the expiration of this Ordinance, the TELEPHONE COMPANY may make a pro rata one-time credit or charge to the customer billing for affected customers who are billed for a service included within Gross Receipts, as defined in paragraph 12(a). This will be accomplished within 150 days following the date of expiration of this Ordinance. If however, it is impractical to credit any overcollection to customers, then such overcollection shall be paid to the CITY. (c) The Growth Factor shall be calculated by dividing the TELEPHONE COMPANY'S revenues within the corporate limits of the CITY subject to the state telecommunications sales tax ("Sales Tax Revenues") applicable to services rendered within the corporate limits of the - Page 14 - CITY for the twelve month period ending three (3) months prior to the next anniversary date of this Ordinance by the Sales Tax Revenues for the twelve month period ending three (3) months prior to either the initial effective date or the preceding anniversary date of this Ordinance as applicable. The Growth Factor calculated by the method set forth in the preceding sentence, if greater than one, shall be multiplied by the current year's Charge to determine the dollar amount of the Charge for the next year. If the Growth Factor calculated above is one or less, the Charge for the next year shall be equal to the current year's Charge. The TELEPHONE COMPANY will adjust its customer billing to account for the Growth Factor calculated above. Stated another way, for example, the Charge and Growth Factor for the first three years of an ordinance shall be calculated as follows: Example: Charqe and Growth Factor for an Ordinance Effective October 1, 1991 Payment Oct. 1, 1991- Charge for the first = First Year Year 1 Sept. 30, 1992 payment year Charge Payment Year 2 Oct. 1, 1992- Sept. 30, 1993 First year Charge x = Second Year Growth Factor, if any Charge (Sales Tax Revenues for 12 month period ending 3 months prior to Oct. 1, 1992 ["STR"] + by Sales Tax Revenues for 12 month period ending 3 months prior to - Page 15 - Payment Year 3 Oct. 1, 1993- Sept. 30, 1994 Oct. 1, 1991 ["STR"]) Second year Charge x = Third Year Growth Factor, if any Charge (Sales Tax Revenues for 12 month period ending 3 months prior to Oct. 1, 1993 ["STR"] + by Sales Tax Revenues for 12 month period ending 3 months prior to Oct. 1, 1992 ["STR"]) Once the Growth Factor calculation is completed, the TELEPHONE COMPANY will provide the CITY with the Sales Tax Revenues upon which the Growth Factor calculation was based. The CITY agrees to rely upon audits by the Texas Comptroller of Public Accounts of state telecommunications sales taxes as reported by the TELEPHONE COMPANY which are performed in compliance with Sections 151.023 and 151.027 of the Texas Tax Code Annotated (Vernon's 1982). (d) Such payments shall not relieve the TELEPHONE COMPANY from paying all applicable municipally-owned utility service charges. Should the CITY not have the legal power to agree that the payment of the foregoing Charge shall be in lieu of the taxes, licenses, charges, RIGHTS-OF-WAY permit or inspection fees, rentals, RIGHTS-OF-WAY easements or franchise taxes aforesaid, then the CITY agrees that it will apply so much of such payments as may be necessary to the satisfaction of the TELEPHONE COMPANY'S - Page 16 - obligation, if any, to pay any such taxes, licenses, charges, RIGHTS-OF-WAY permit or inspection fees, rentals, RIGHTS-OF-WAY easements or franchise taxes. (e) In the event that either (1) territory within the boundaries of the CITY shall be disannexed and a new incorporated municipality created which includes such territory or (2) an entire, existing incorporated municipality shall be consolidated or annexed into the CITY, then notwithstanding any other provision of this Ordinance, the Charge shall be adjusted. To accomplish this adjustment, within thirty days following the action effecting a disannexation/annexation as described above, the CITY shall provide the TELEPHONE COMPANY with maps of the affected area(s) showing the new boundaries of the CITY. In the event of an annexation as described above, the Charge for the CITY will be adjusted to include the amount of the payment by the TELEPHONE COMPANY to the existing incorporated municipality being annexed. In the event that the annexed municipality had no ordinance imposing a Charge or in the event of a disannexation, then the adjustment to the Charge will be calculated using the effective date of the imposition of Local Sales Taxes as determined by the Texas Comptroller of Public Accounts. The adjustment shall be the percent increase/decrease in the TELEPHONE COMPANY'S Gross Receipts as defined herein for the CITY for the first calendar - Page 17 - month following the Local Sales Tax effective date compared to the last month prior to such effective date. This adjustment to the Charge will be made on the first day of the second month following the Local Sales Tax effective date and the adjusted Charge shall be prorated from that date through the remainder of the payment year. The Charge as adjusted shall be used for all future calculations required by this Ordinance. SECTION 13 - ASSIGNMENT OF ORDINANCE This Ordinance and any rights or privileges hereunder shall not be assignable to any other entity without the express consent of the CITY. Such consent shall be evidenced by an ordinance which shall fully recite the terms and conditions, if any, upon which such consent is given. SECTION 14 - MUTUAL RELEASES The CITY hereby fully releases, discharges, settles and compromises any and all claims which the CITY has made or could have made arising out of or connected with the Ordinance Number 91/3 adopted April 1, 1991, and renewed or extended from time to time thereafter, and its predecessor ordinances, if any, (hereinafter - Page 18 - referred to collectively as "91/3 Ordinance"). This full and complete release of claims for any matters under the 91/3 Ordinance shall be for the benefit of Southwestern Bell Telephone Company; its parent; its affiliates; their directors, officers and employees; successors and assigns; and includes any and all claims, actions, causes of action and controversies, presently known or unknown, arising directly or indirectly out of or connected with the TELEPHONE COMPANY'S obligations to the CITY pursuant to the provisions of the 91/3 Ordinance. Southwestern Bell Telephone Company, its parent, its affiliates, successors and assigns hereby fully release, discharge, settle and compromise any and all claims, actions, causes of action or controversies heretofore made or which could have been made, known or unknown, against the CITY, its officers or its employees, arising out of or connected with any matters under the 91/3 Ordinance. It is the intent of the CITY and the TELEPHONE COMPANY to enter into the foregoing mutual releases in order to reach a compromise that is acceptable to both the CITY and the TELEPHONE COMPANY. This Ordinance and the mutual releases set forth in this Section represent a compromise of each party's claims as well as each party's defenses, and is not intended to be and is not an admission of liability or vulnerability by either party to the other with respect to either the claims or the defenses asserted against the other. - Page 19 - SECTION 15 - REPEAL OF CONFLICTING ORDINANCES AND AGREEMENTS The Ordinance Number 91/3 adopted April 1, 1991, is hereby repealed; provided, however, such repeal shall take effect at 11:59 p.m. on the day immediately preceding the effective date specified in the Section of this Ordinance entitled "ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE". All other ordinances and agreements and parts of ordinances and agreements in conflict herewith are also repealed, which repeal shall take effect at the time and on the date specified in the preceding sentence. SECTION 16 - FUTURE CONTINGENCY Notwithstanding anything contained in this Ordinance to the contrary, in the event that (a) this Ordinance or any part hereof, (b) any tariff provision by which the TELEPHONE COMPANY seeks to collect the Annual Charge imposed by this Ordinance, or (c) any procedure provided in this Ordinance, or (d) any compensation due the CITY under this Ordinance, becomes, or is declared or determined by a judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unlawful or otherwise inapplicable, in whole or in part, the TELEPHONE COMPANY and CITY shall meet and negotiate - Page 20 - a new ordinance that is in compliance with the authority's decision or enactment and, unless explicitly prohibited, the new ordinance shall provide the CITY with a level of compensation comparable to that set forth in this Ordinance provided that such compensation is recoverable by the TELEPHONE COMPANY in a mutually agreed manner permitted by law for the unexpired portion of the term of this Ordinance. SECTION 17 - GOVERNING LAW AND VENUE (a) This Ordinance shall be construed in accordance with the CITY Charter and CITY Code(s) in effect on the date of passage of this Ordinance to the extent that such Charter and Code(s) are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (b) This Ordinance shall be construed and deemed to have been drafted by the combined efforts of the CITY and the TELEPHONE COMPANY. (c) The venue for any legal action arising hereunder shall lie exclusively in Dallas County, Texas. - Page 21 - SECTION 18 - ACCEPTANCE OF AGREEMENT AND EFFECTIVE DATE (a) The CITY shall deliver a properly certified copy of this Ordinance to the TELEPHONE COMPANY within three (3) working days of its final passage. The TELEPHONE COMPANY shall have thirty (30) days from and after the final passage of this Ordinance to file its written acceptance of this Ordinance with the CITY Secretary. This Ordinance shall become effective beginning the first day of the second month following acceptance by the TELEPHONE COMPANY. (b) In the event such acceptance is not filed within the said period, this Ordinance and the rights and privileges hereby granted shall be and become terminated, null, and void; provided however, that the City Council of the CITY may by ordinance extend the time herein allowed for the filing of such acceptance for a period not to exceed an additional ninety (90) days and no longer. Passed and approved following the 3rd day of December xxx reading hereof this , A.D., 1991. ~yor Fro Tem city of'' University Texas Park, - Page 22 - ATTEST: City Secretary I, Bobbie H. Sharp , City Secretary of the City of University Park, Texas, do hereby certify that the foregoing is a true and correct copy of Ordinance Number 91/40 , finally passed and approved by the City Commission of University Park, Texas, following the xxx reading thereof at a regular meeting held on the 3rd day of December , 1991. City Secretary - Page 23 - "Section 19: PUBLIC PLACES ORDINANCE NO. 91/41 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ANENDING CHAPTER 3, SECTION 19B AND C TO REGULATE OBSTRUCTIONS IN ALLEYS, PARKWAYS ~ PUBLIC PLACES AND TO REQUIRE ABUTTING OWNERS, LESSEES OR INDIVIDUALS IN CHARGE OF PROPERTY TO MAINTAIN PARKWAYS AND ALLEYS; AMENDING CHAPTER 6, SECTION 1F, TO PROVIDE FOR THE PLACEMENT OF RECEPTACLES FOR COLLECTION OF REFUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVER~BILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Sections 19B and C, of the Code of Ordinances of the City of University Park, be, and the same are hereby, amended to read as follows: TREES, SHRUBS, WEEDS, AND GRASS ABUTTING ON OBSTRUCTIONS UNLAWFUL It shall be unlawful for any person, firm, or corporation to grow or allow to remain on any alley, parkway, or public place abutting the property of such person, firm, or corporation, any tree, shrub, weeds, or grass which has or may become an obstruction to traffic, a hazard, unsightly, or which does or may interfere with proper street lighting on such property. C. RESPONSIBILITY OF ABUTTING PROPERTY OWNER, LESSEE OR INDIVIDUAL IN CHARGE OF PROPERTY The abutting property owner, lessee or person in charge of property has the responsibility of maintaining all trees, shrubs, grass or growing matter of any kind in the parkways and alleys abutting such property and shall maintain parkways and alleys so that grass and weeds do not grow to a height greater than eight (8) inches in any such parkway or alley." SECTION 2. That Chapter 6, Sections iF(i), of the Code of Ordinances of the City of University Park, be, and the same are hereby, amended to read as follows: "F. PLACEMENT OF RECEPTACLES FOR COLLECTION (1) If the house, building or premises from which the garbage is to be collected and removed is adjacent to an alley, garbage or trash cans or bags shall be placed for collection on the abutting private property by the owner, occupant, tenant or lessee of the premises. Applications for a building permit for the repair, reconstruction, and erection of a new or existing fence shall contain provisions for the storage and containment of trash and garbage containers, receptacles or bags on private property and shall be approved by the city engineer or his designated agent prior to issuance of a permit." SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. Any person, fin or corporation who shall be the owner, occupant or person in charge of any lot or premises violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect i~ediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of February , 1992. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 1-15-92) OI~IN~d~CE 91/42 / ~N ORDINANCE OF THE CITY OF UNIVERSITY P~[RK, TEX~S, ~IENDING ORDIN~CE 90/6 OF THE CITY OF UNIVERSITY P~K; PEI~IITTING ~N AWNING SIGN FOR BUILDING J OF THE PLAZA AT UNIVERSITY PARK; PROVIDING A SEVEI~BILITY CI~,USE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUH OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; ~ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore enacted Ordinance 90/6 establishing a Special Sign District for the Plaza at University Park; and WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for amendment to such Special Sign District for Building J; and WHEREAS, the provisions of the sign ordinance have been complied with and the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such Special Sign District should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request for amendment to the Special Sign District created under Ordinance 90/6 for the Plaza at University Park. That the city Council hereby determines that such amendment is in the best interests of the public health, safety, and general welfare of the City and should be granted, such amendment to permit an awning sign for the second floor occupancy on the south side of Building J, upon the following terms and conditions: Ae Except as specifically modified hereby, all the provisions of Ordinance 90/6 and Chapter 12 of the Code of Ordinances shall apply. Be The graphics on the awning shall be limited to twenty-two (22) inches in height and thirty (30) feet in length. Ce The awning sign shall only be permitted under the terms of this ordinance so long as the occupancy on the second floor of the South side of Building J is for general retail uses. No lighted signs shall be permitted by the terms of this ordinance. SECTION Z. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal, or unconstitutional. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance or Ordinance 90/6, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of December, 1991. APPROVED: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 12-3-91) ORDI1TANCE NO . 91/43 AN ORDINANCE OF THE CITY OF UNIVERSITY P~%RK, TEXAS, CREATING A SPECIAL SIGN DISTRICT FOR THE PROPERTY DESCRIBED AS BLOCKS ONE AND TWO, OF THE OXFORD MANOR ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME FOUR, PAGE 289t OF THE NAP RECORDS OF DALLAS COUNTYt TEXAS, AND LOTS 1-9, BLOCK 9, OF THE METHODIST UNIVERSITY ADDITION, RECORDED IN VOLUME ONE, PAGE 341, OF THE NAP RECORDS OF DALLAS COUNTY, TEXAS, AND BEING ALL OF HIGHLAND PARK HIGH SCHOOL (PLANNED DEVELOPMENT DISTRICT NO. 17) LYING NORTH OF GRASSMERE STREET, SOUTH OF LOVERS LANE, EAST OF DOUGLAS AND WEST OF WESTCHE STER; PROVIDING CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00 ) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for a special sign district for the baseball playing field of Highland Park High School and has recommended to the City Council the adoption of a special sign district with conditions; and WHEREAS, the provisions of the sign ordinance have been complied with and the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee, formerly knownas the Environmental Standards Committee, has considered a special exception to Chapter 12 of the Code of Ordinances, submitted by Highland Park Independent School District to provide signage for the high school baseball diamond as part of an overall graphics program. That such request was accompanied by a plan which provided such details and specifications as were required by the Committee and in the opinion of the Committee, such graphics program will result in the signage appearance of the area being beneficial to the public health, safety and general welfare and in the interest of the City of University Park. That the Committee has recommended to the City Council that a special sign district be established for such area, permitting signs and other graphics in accordance with the plan. SECTION 2. That after notice and public hearing, the City Council has determined that such special sign district is in the best interest of the public health, safety and general welfare of the city and should be granted subject to certain conditions. As part of improvements to the baseball area of the high school, the school district intends to erect a fence abutting the outfield of the baseball diamond. That the school district shall be permitted by this ordinance to place or permit the placement of advertising signs on the inside of such fence, facing only the baseball diamond, subject to the following special conditions: GENERAL The number of signs on the fence shall be limited to thirteen (13); The top of the signs shall be no higher than seven (7) feet six (6) inches from the ground level; The size of the signs shall be limited to not more than six (6) feet by fourteen (14) feet in area each; The signs to be placed on the fence shall be evenly spaced; The netting on the fence along Lovers Lane shall be such that it is thick enough to totally screen the signage on the outfield fence from view on Lovers Lane. FENCING The section of fence that parallels Douglas shall be fourteen (14) feet tall and a minimum of six (6) feet from the sidewalk; The remaining section of fence in the outfield of the park shall be eight (8) feet tall; The fence shall be of corrugated metal from its base to its top; The fence will be blue on the inside and shall be beige on the outside; 0 When the existing fence along Lovers Lane is reconstructed, the fence shall be corrugated metal matching the fence constructed along Douglas. It will be at a height of eight (8) feet. The fence shall be placed at least four (4) feet inside the sidewalk except adjacent to the stands where it will be located between the stands and the sidewalk. LANDSCAPING Red-tipped photinia bushes shall be planted along the fence where it parallels Douglas. The bushes shall be of a height not less than six (6) feet and shall be centered at three (3) foot intervals. The bushes shall span the distance from the northwest corner of the baseball complex to the northwest corner of the Seay Center (see map); Additional red-tipped photinia bushes shall be planted along the inside of the existing chain-link fence which parallels Lovers Lane. These bushes shall be of the same height and at the same distance apart as those along Douglas and shall extend from the northwest corner of the complex to the point where the bleachers begin; A planting bed, similar to the one at the high school entrance, will be constructed and maintained at the northwest corner of the field at Douglas and Lovers Lane on high school property; 4. Ail of the plantings shall be irrigated. LIGHTING When the new lighting is approved, the netting that extends from about halfway down the basepath parallel to Lovers Lane to the northwest corner of the complex shall be removed. The utility poles that support the netting will also be removed. Any new netting will be retractable and only in place when the field is in use. MISCELLANEOUS The bullpen/batting cage located alongside the basepath parallel to Lovers Lane shall be removed prior to the completion of the new fence; Ail money collected from the signs placed on the fencing will be used only for completion of the fence and the above conditions and not for other purposes until such time that the above conditions are met; Ail advertising shall be approved by the school district prior to the installation of signs; 4. The attached site plan is made part of these conditions. SECTIO~ 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTIO~ 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. S~CTIO~ 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 12 day of Decembe~ 1991. APPROVED: DULY RECORDED Tennis -- ~en'ter 0 8' me'tcxL f'ence. [4' High .Fence, 0 8' ?ence, 6' pho~Inl~. 3' I~C. Lovers L~ne 6- pho~lnl~ 3' D,C, Pl~,n'tlng HPISI) High School ;B(xsebcxll Field Si~ce Pl6n ORDINANCE NO. 92/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY ANENDING CI'IAPTER 11, SECTION 6C(S) (i); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Section 6C, Subsection (8) (i) of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "(8) Owner (i) In the event the Owner installs plumbing, to provide potable water for domestic purposes, which is on the Department's side of the backflow preventer, such plumbing must have its own backflow preventer." SECTION 2. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the city of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the city of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by t~City Council of the City of University Park, Texas on the day of January , 1992 . APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 12-17-91) OI~DINANCE NO o 92 / 2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, WENDING THE COMPREHENSIVE ZONING ORDINi~CE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE ~.ENDEDv SO AS TO GI~,NT A SPECIFIC USE PEI~IT FOR THE PROPERTY DESCRIBED AS LOT ?v BLOCK 11, IN THE BROOKSIDE ESTATES ADDITION TO THE CITY OF UNIVERSITY PARK~ MORE COI~ONLY KNO~q AS 6801 TURTLE CREEK~ TO PEI~IT KITCHEN~ COOKING~ ~NDFOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTUREv SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVER~BILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF T#O THOUS~NDDOLY.~,RS {$Z~000.00) FOR EACH OFFENSE; ~D PROVIDING ~ EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the city Council of the city of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 7, Block 11, in the Brookside Estates Addition to the city of University Park, more commonly known as 6801 Turtle Creek, to permit kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION Z. That the granting of this zoning amendment is subject to the following special conditions, to-wit: A. A covenant running with the land be executed by the property owners that prohibits the use of the accessory building for lease/barter exchange. B. That the kitchen, cooking, and food preparation facilities will be as shown by the Garage Second Floor Plan submitted by the owners with their zoning application. SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of January , 199 2 . APPROVED: ATTEST: CITY ATTORNEY (RLD/jd 12-27-91) CITY SECRETARY AGGO1DD6 ORDINANCE NO . ~ ~ / ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS THE EAST FIVE FEET OF LOT 14, LOT 13, AND THE WEST FIVE FEET OF LOT 1, BLOCK 5, IN THE PRESTON PLACE NO. 3 ANNEX ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 4225 STANHOPE, TO PERMIT KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the city of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as the East five feet of Lot 14, Lot 13, and the West five feet of Lot 1, Block 5, in the Preston Place No. 3 Annex Addition to the City of University Park, more commonly known as 4225 Stanhope, to permit kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION 2. That the granting of this zoning amendment is subject to the following special conditions, to-wit: A. A covenant running with the land be executed by the property owners that prohibits the use of the accessory building for lease/barter exchange. B. No microwave, oven, burner or similar type cooking facility shall be permitted. C. No dishwasher shall be permitted. SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of January , 199 2 . ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/jd 12-27-91) CITY SECRETARY AGG01DD5 ORD1'N~CE NO. 92/4 ~ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, ~IENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY P~RK, AS HERETOFORE i~ENDED, BY~.ENDING SECTION 8-103, SCHEDULE OF USES, 80 AS TO PEI~IT CELLULAR TELEPHONE AI~TENNAS IN VARIOUS NON- RESIDENTIAL DISTRICTS; AMENDING SECTION 31-102 TO PROVIDE A DEFINITION OF CELLULAR TELEPHONEANTENNA;ANENDING SECTION 8-605 TO REGUL~TELOCATION OF NECH~qICAL EQUIPNENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVEIt~BILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2t000.00) FOR EACH OFFENSE; ~ PROVIDING ~ EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners, generally, and to all persons interested, and the City Council of the City of University Park is of the opinion and finds that said amendments should be granted and that the Comprehensive Zoning Ordinance should be amended accordingly; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 8-103 in the Schedule of Uses to designate a cellular telephone antenna as a use permitted in the UC-1, UC-2, O-1, 0-2, GR, RC, SC, C and PD Districts only. SECTION Z. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 31-102 to add, in alphabetical order, the definition of cellular telephone antenna, to read as follows: "( ) Cellular Telephone Antenna - an antenna designed and used for the reception and transmission of telephone signals. Such antenna shall not exceed ten (10) feet in length and shall be mounted on a building." SECTION 3. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 8-103 so as to designate a video drop box as a use permitted in the O-1, 0-2, GR, RC, SC, C and PD Districts only. SECTION 4. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 8-605 to read as follows: "8-605. LOCATION OF MECHANICAL EQUIPMENT Air conditioning compressors, cooling towers, pool equipment and similar accessory equipment shall be located behind the required front building line, and be a minimum of five (5) feet from an adjacent side property line, and a minimum of three (3) feet from the rear property line and installed at grade level. When such equipment is located in the side yard of a corner lot, adjacent to a side street, or in the front half of any lot, such equipment shall be screened from view by fence, wall, or shrubbery.,, SECTION 5. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 7. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION S. This ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of January , 1992 . APPROVED: DULY RECORDED: APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 12-20-91) ORDINANCE NO . 92 / 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BYAMENDING CHAPTER 3, SECTION 14H, TO PROVIDE FOR APPROVAL OF MATERIALS TO BE USED IN SIDEWALKS BY THE CITY ENGINEER; AMENDING CHAPTER 3, SECTION 21, TO REGULATE SATELLITE TELEVISION ANTENNAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUN OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Section 14H, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended to read as follows: "Section 14: SIDEWALK CONSTRUCTION AND REPAIR H. APPROVAL OF MATERIAL BY CITY ENGINEER The only material allowed in this section is brush- finished concrete without any coloring, paint, or similar material. Specifically excluded are exposed aggregate concrete, brick, and aggregate-filled epoxy. An expansion joint shall be provided between the public sidewalk and the private driveway. In replacement work, the existing curb return and gutter shall be saw cut at the tangent point of the return. Specifications for construction of sidewalks shall be approved by the City Engineer. The Contractor shall furnish whatever samples as may be required for making test and examination in sufficient time prior to their use." SECTION That Chapter 3, Section 21, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended to read as follows: "Section 21: SATELLITE ANTENNAS A. DEFINITION Any parabolic or dish antenna used to receive television signals from satellite broadcast systems. B. HEIGHT AND SETBACK RESTRICTIONS Satellite antennas shall have the same setback requirements as an accessory structure in the zoning district in which they are installed. Satellite antennas shall be installed at ground level with a maximum dish diameter of seven (7) feet. Satellite dish antennas shall be totally screened from view from adjoining properties by a solid fence or wall. All such antennas shall be constructed of wire mesh and painted with non- reflective coating. C. EXCEPTIONS Nothing contained in this section shall prevent the installation and maintenance of satellite antennas necessary for the operation of public or educational facilities for the protection of the health, safety, and welfare of the community and the enhancement of the educational facilities. Plans for such satellite antennas shall be reviewed and approved by the Director of Public Works." SECTION That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of January , 1992 . ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 12-27-91) CITY SECRETARY ORDINANCE NO. 92/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4, SECTION 3C, TO REQUIRE A PERSON TO OBTAIN A PERMIT FROM THE CITY BEFORE USING AN ALARM SYSTEM IN THE CITY; PROVIDING AN ANNUAL FEE FOR AN ALARM SYSTEM PERMIT; AMENDING SECTION 3J TO PROVIDE FEES FOR FALSE ALARMS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING ANEFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS. SECTION 1. That Chapter 4, Section 3, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by amending Subsection C(6) and (7) to read as follows: "(6) The permit required by this section shall be valid for a period of one year from the date of its issuance, provided however, that the permit shall be renewed annually by the Chief upon payment by the permit holder of the annual fee provided in this section. (7) A non-refundable initial fee of Fifty Dollars ($50.00) shall be paid for the permit by the applicant for each alarm system. Thereafter, the permit holder shall pay an annual renewal fee of Ten Dollars ($10.00)." SECTION Z. That Chapter 4, Section 3, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by amending Subjection J in part as follows: "J. FEES FOR FALSE ALARM NOTIFICATION (1) The permit holder shall pay a fee of Fifty Dollars ($50.00) for each false alarm notification, other than a false fire alarm notification, subject to the following conditions: (a) The Chief may terminate an alarm permit for non-renewal after providing at least thirty (30) days notice. The Chief may terminate law enforcement responses to a permit holder because of excess false alarms if the permit holder fails to pay the false alarm fees required by this section. l! SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of Univers/ty Park, Texas, on the 7th day of January , 199~.~_~ APPROVED: ~YOR v DULY RECORDED: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY (RLD/j d 11-25-91) ORDINANCE NO . 9 ~ / ? ~qORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~B, i~ENDIN~ THE COMPREHENSIVE ZONING ORDIN~CE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE ~.ENDED~ BY ADDING SECTION 2~-L05 TO PROVIDE A TE~POI~RY SPECIFIC USE PER~IT FOR THE OUTSIDE DISPLAY, STOI~GEAND SALE OF ~OODS, WARES, AND MERCHANDISE ON PRIVATE AND PUBLIC PROPERTY; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUN OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners, generally, and to all persons interested, and the City Council of the City of University Park is of the opinion and finds that said amendments should be granted and that the Comprehensive Zoning Ordinance should be amended accordingly; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding Section 23-105 to read as follows: "23-105 The City Council may, after recommendation of the Planning and Zoning Commission and the requisite notice and public hearing, grant a temporary Specific Use Permit, not otherwise authorized by the Use Schedule in Section 8 hereof, for the outside display, storage and sale of goods, wares, and merchandise on private and public property on the following conditions: (1) Such temporary Specific Use Permit may only be granted in the general retail, retail center, shopping center, commercial and planned development districts. (2) Such temporary Specific Use Permit may be granted for any one location or area not more than two times per calendar year. (3) The temporary Specific Use Permit may be granted only for an entire shopping center, strip or area as determined by the City Council, on petition signed by a majority of the property owners in such shopping center, strip or area. (4) The outside display, storage, and sale of goods, wares or merchandise shall be prohibited except as may be permitted under such temporary Specific Use Permit. (5) Other special conditions may be required by the City Council in the granting of such temporary Specific Use Permit as may be required to increase compatibility of the use with the neighborhood. (6) The outside display, storage, and sale of goods, wares or merchandise shall not obstruct any sidewalk, public street or public way, except as may be specifically authorized by the ordinance granting such temporary Specific Use Permit. (7) Such temporary Specific Use Permit may only be granted in connection with the celebration of a specific holiday, civic event or community function." SECTION 2. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, this 4th day of February , 1992 . APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 12-26-91) CITY SECRETARY ORDINANCE NO. 92/8 AN ORDINANCE OF THE CITY OF UNIVERSITY PANK, TEX~S, ASSESSING A COURT COST OF FIVE DOLLARS ($5.00) ON EACH PARKING VIOLATION; PROVIDING SUCH COURT COSTS FOR A SCHOOL CROSSING GUARD PROGRAM IN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 72nd Legislature of the State of Texas enacted Senate Bill 460 adding Article 102.014 to the Code of Criminal Procedure, providing Court costs for a child safety fund in municipalities; and WHEREAS, the City of University Park is a municipality with a population less than 850,000 according to the most recent federal decennial census; and WHEREAS, the City of University Park has heretofore adopted Ordinances regulating the stopping, standing, or parking of vehicles as allowed by Subsection (a), Section 27, Uniform Act Regulating Traffic on Highways; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION 1. That there is hereby assessed a Court cost of FIVE DOLLARS ($5.00) upon a plea of guilty or a finding of guilty in Municipal Court on each violation of a parking regulation enacted by an Ordinance of the City of University Park regulating the stopping, standing, or parking of vehicles. SECTION 2. The additional Court costs assessed by this Ordinance shall be collected by the Clerk of the Municipal Court in the same manner that other fines and Court costs in the case are collected. SECTION 3. There is hereby created a school crossing guard program in the City of University Park. The money collected as Court costs pursuant to the terms of this Ordinance must be used for such program. If the money received from the Court costs assessed by this Ordinance exceeds the amount necessary to fund the school crossing guard program, such additional money shall be deposited in an interest bearing account or expended for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. SECTION 4. The Clerk of the Municipal Court shall keep separate records of money collected under this Ordinance and shall account for the same to the Director of Finance who shall restrict the use of such funds to the purposes set out herein. SECTION 5. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of February, 1992. ATTEST: A~P~RqVED A~ TO ~CITY' ATTORNEY RLD/kmw CITY SECRETARY ELECTION OF MUNICIPAL OFFICERS City of University Park, Texas May 2, 1992 ELECTION ORDER BE IT REMEMBERED that on this 4th day of February, 1992, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of University Park, Texas, on the 2nd day of May, 1992, the same being the first Saturday of said month for the following purpose: To elect a Mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. The candidate receiving a majority of all votes cast for Mayor shall be elected for a two (2) year term and the four (4) candidates receiving the highest number of votes cast for Councilmember shall be elected for two (2) year terms. The polling place for said election shall be the University Park City Hall, 3800 University Boulevard. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters of the City shall be entitled to vote at said election. Notice of said election shall be posted, not later than April 13, 1992, on the bulletin board used to publish notice of City Council meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. Notice of said election shall be published in the official newspapers of the City one (1) time not earlier than April 2, 1992, and not later than April 22, 1992. The City Secretary shall secure affidavits of publication from the official newspapers giving a record of the date and fact of publication. Mary Marshall is hereby appointed Presiding Election Judge and Priscilla Wofford is hereby appointed Alternate Presiding Election Judge. The Presiding Election Judge shall appoint two (2) election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City. Absentee voting for the election shall be held at the regular office of the City Secretary at the City Hall, and said place of absentee voting shall remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday, or an official state holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of absentee voting shall remain open between the hours of 8:00 a.m. and 5:00 o'clock p.m. After holding the election, the Presiding Election Judge shall promptly make return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such retums to the City Council for the canvassing of said election. The Presiding Election Judge and Alternate Presiding Election Judge and all Clerks appointed by the Presiding Election Judge shall be paid the sum of Five Dollars ($5.00) per hour for their services in conducting the election, and not exceeding pay for more than one (1) hour of work before the polls open. The Election Judge or Clerk who delivers the records, keys to the ballot box or voting machine, other election equipment, and unused election supplies after the election shall be entitled to additional compensation in the amount of Twenty-five Dollars ($25.00). The election returns shall be canvassed by the City Council not earlier than the 2nd day or later than the 6th day after the election day at a time set by the Mayor. The City Council shall canvass the returns as provided by law and upon completion shall declare the results, and the person receiving the majority of all votes cast for Mayor shall be elected Mayor and the four (4) persons receiving the highest number of votes for City Councilmember shall be elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law. ORDERED this 4th day of February, 1992. ? City of University Park, Texas ATTEST: CITY SECRETARY City of University Park, Texas ELECCION DE OFICIALES MUNICIPALES CIUDAD DE UNIVERSITY PARK, TEXAS 2 de Mayo de 1992 ORDEN DE ELECCION TENER PRESENTE que este dia 4 de Febrero, 1992, en una reunion del Consejo Municipal de la Ciudad de University Park, Texas, siendo presente un quorum, la reunion se llamo al orden y el Consejo sometio la siguiente orden: SE ORDENA que una eleccion se lleve a cabo en la Ciudad de University Park, Texas, el dia 2 de Mayo de 1992, el mismo siendo el primer sabado de dicho mes para los siguientes propositos: Para elegir un Alcalde para una duracion de dos (2) anos y cuatro (4) Consejeros para una duracion de dos (2) anos. E1 candidato recibiendo la mayoria de los votos emitidos para Alcalde sea elegido para una duracion de dos (2) anos y los cuatro (4) candidatos recibiendo el numero mayor de votos emitidos para Consejeros sean elegidos para una duracion de dos (2) anos. E1 lugar de votos para dicha eleccion sea la Casa Municipal de University Park, 3800 University Blvd. E1 lugar de votos este abierto desde las 7:00 de la manana hasta las 7:00 de la noche. Solamente electores legalmente calificados de la Cuidad tengan derecho de votar en dicha eleccion. Aviso de dicha eleccion sea fijada, no mas tarde del dia 13 de Abril de 1992, en el tablon de anuncios usado para el fijo de anuncios de reuniones del Consejo Municipal. La persona fijando el aviso registre la hora del fijo estipulando la fecha y el lugar del fijo. Aviso de dicha eleccion sea publicada en los periodicos oficiales de la Ciudad una (1) vez no mas temprano del 2 de Abril de 1992, y no mas tarde del 22 de Abril de 1992. E1 Secretario Municipal obtenga affidavits de publicacion de los periodicos oficiales registrando la fecha y la realidad de la publicacion. Mary Marshall esta por este medio nombrado Juez Actual Electoral y Priscilla Woffard esta por este medio nombrado Juez Actual Electoral Suplente. E1 Juez Actual Electoral nombre dos (2) Oficiales Electorales y otros oficiales como necesario para el conducto apropiado de la eleccion. Todos los Jueces y Oficiales sean votantes calificados de la Ciudad. Se lleve a cabo los votos ausentes en la oficina regular del Secretario Municipal en la Casa Municipal, y se mantenga abierto el lugar de votos ausentes por lo menos ocho (8) horas cada dia de votos ausentes el cual no es un sabado, domingo, o dia de fiesta oficial del estado, comenzando el dia 20 y continuando hasta el fin del cuarto dia antes de la fecha de dicha eleccion. Se mantenga dicho lugar de votos abierto desde las 8:00 de la manana y las 5:00 de la tarde. Despues de llevar a cabo dicha eleccion, el Juez Actual prontamente registre los resultados con el Secretario Municipal y el Alcalde, y el Secretario Muncipal subsequentemente presente dichos resultados al Consejo Muncipal para el examen de dicha eleccion. Se pague al Juez Actual Electoral y al Jues Actual Electoral Suplente y a todos los Oficiales nombrados por el Juez Actual Electoral una cantidad de Cinco Dolares ($5.00) cada hora por sus servicios en el conducto de dicha eleccion, y no excediendo el pago por mas de una (1) hora de trabajo antes de abrir el lugar de votos. E1 Juez Electoral u oficial que entrege los registros, llaves a la caja de votos o maquinas de votos, otto equipo de eleccion, y materiales electorales no usadas despues de la eleccion tengan derecho de recibir compensacion de una cantidad de Veinticinco Dolares ($25.00). Los resultados de eleccion sean examinados pot el Consejo Municipal no mas temprano que el segundo (2) dia y no mas tarde que el sexto (6) dia despues del dia de ele¢cion en una hora fijada por el Acalde. E1 Consejo Municipal examine los resultados como estipulado por la ley y al terminar declare los resultados, y la persona recibiendo la mayofia de las votos emitidos para Alcalde sea elegido Alcalde y las cuatro (4) personas recibiendo el numero mayor de votos para Consejero Municipal sean elegidos. Dichos ofi¢iales elegidos empiezen sus cargos prontamente despues de ser calificados y jurado para el cargo como estipulado pot la ley. ORDENADO este dia 4 de Febrero de 19~X,~/~ ~./,¥/. ~~/. ~e~:~'_...-/'~ gr cWL 51?'- ' ' - Ciudad de University Park, Texas ATESTIGUO: SECRETARIO MUNICIPAL Ciudad de University Park, Texas ORDINANCE NO. 9 2 / 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 3, SECTION 14K, PROVIDING REQUIREMENTS FOR THE ADDITION, REPAIR, OR REPLACEMENT OF PUBLIC WALKS, ALLRYS, AND DRIVEWAY APPROACHES BY ABUTTING PRIVATE PROPERTY OWNERS; AMENDING CHAPTER 6, SECTION iF, TO REGULATE PLACEMENT OF RECEPTACLES FOR COLLRCTION OF REFUSE; REQUIRING REMOVAL OF RECEPTACLE STORAGE STRUCTURES OR OTHER ENCROACHMENTS ON ALLEY RIGHTS-OF-WAY BY ABUTTING PRIVATE PROPERTY OWNERS; PROVIDING NOTICE TO PROPERTY OWNERS TO REMOVE ENCROAC~ENTS PRIOR TO CONSTRUCTION OF UTILITIES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Section 14K, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by dividing Subparagraph (1) into Subparagraphs (a) and (b), by redesignating (1) to be (a), and by adding a new Subparagraph (b) to read as follows: "K. REQUIREMENTS FOR THE ADDITION, REPAIR, OR REPLACEMENT OF PUBLIC WALKS, ALLEYS AND DRIVEWAY APPROACHES AND REMOVAL OF IMPROVEMENTS AND ENCROACHMENTS FROM ALLEY RIGHTS-OF- WAY UNDER CERTAIN CONDITIONS (1) (a) . . . (b) It shall be required that as a condition for the granting of a building permit to repair, remodel, enlarge, alter, renovate, and/or demolish or replace a residence or main building or a detached structure, that all improvements and encroachments, including all landscaping materials (trees, shrubs, plants) except grass, in the existing alley right-of- way shall be removed or relocated onto the abutting private property by, and at the sole expense of, the abutting private property owner, and the portion of the alley right-of- way between the edge of the alley paving and the property line shall be planted with grass or paved with six (6) inches of reinforced concrete at approximately the same grade as the alley paving, allowing for proper drainage from the abutting property to the alley, such paving to be done in accordance with current City specifications for alley paving and by, and at the sole expense of, such abutting private property owner." SECTION 2. That Chapter 6, Section iF, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by adding Subsection (5) thereto, to read as follows: "F. PLACEMENT OF RECEPTACLES FOR COLLF. CTION; REMOVAL OF RECEPTACLES, IMPROVEMENTS AND ENCROACHMENTS FROM ALLRy RIGHTS-OF-WAY (5) (a) There are certain instances in the City where existing structures for garbage and trash receptacles and other improvements encroach onto the alley right-of-way of the City. The City Engineer is hereby directed to notify property owners in areas scheduled for utility and alley reconstruction to remove all encroachments prior to the subject construction. Such notice will be given, insofar as is possible, a minimum of one year in advance. Periodic advisory notices regarding existing encroachments will be placed in the City newsletter and in announcements accompanying water bills. In the event of an emergency, such as a failure in a sewer or water line in an alley, the City Engineer is authorized to declare an emergency and notify property owners that they are required to remove such encroachments immediately. (b) Effective on the 1st day of March , 1992, no trees, shrubs, or other landscaping materials, other than grass, shall be permitted to be planted or placed in an alley parkway within the City's alley right-of-way, that is, the area between the edge of the alley paving and the property line by any abutting private property owner. In lieu of grass, the alley parkway may be paved by the abutting private property owner with six (6) inches of reinforced concrete at approximately the same grade as the alley paving, allowing for proper drainage from the abutting property to the alley, such paving to be done in accordance with current City specifications for alley paving. (c) Unless required sooner under other provisions of the Code of Ordinances or other applicable law, by June 1, 1997, all improvements and encroachments, including all landscaping materials (trees, shrubs, plants), except grass, in an existing alley right-of-way shall be removed or relocated onto the abutting private property by the owner of such abutting private property, and such area shall be planted with grass or paved as provided in the preceding subsection by, and at the sole expense of, the abutting property owner." SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park on the 4th day of February , 199 2 . ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY (RLD/j d 12-31-91) ORDINANCE NO. 92/~0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARKv TEX~Sv AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AF. ENDED, SO AS TO GRANT A SPECIFIC USE PEP. MIT FOR THE PROPERTY DESCRIBED AS LOT ?~ BLOCK 7, UNIVERSITY PARK ADDITION TO THE CITY OF UNIVERSITY PARK~ MORE COI41~ONLY KNOWN AS $63L UNIVERSITY BLVD., TO PER~IT KITCHEN~ COOKING, AND FOOD PREPAI~%TION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE~ SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSXND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the city Council of the city of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFOREv BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEX~S: SECTION ~. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 7, Block 7, in the University Park Addition to the City of University Park, more commonly known as 3631 University Blvd., to permit kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION Z. That the granting of this zoning amendment is subject to the special condition that the property owners execute and deliver to the city a covenant running with the land that prohibits the use of the accessory building for lease/barter exchange. SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 3rd day of March , 1992. ATTEST: APPROVED AS TO FORM: (RLD/j d 3-2-92) CITY SECRETARY AGGO224E ORDINANCE NO. 92/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~Sv ABANDONING A TEMPOP, ARY WATER I~AIN EASEMENTv A SIX FOOT UTILITY EASEMENT~ AND A TWELVE FOOT WATER I~AIN EASEMENT DESCRIBED IN EXHIBITS "C", AND "E~ TO THE ABUTTING OWNERS IN CONSIDERATION OF TEN THOUSAND DOLLARS ($10,000.00) PAID BY THE ABUTTING OWNERS TO THE CITY OF UNIVERSITY PARK~ THE FAIR F, ARKET VALUE OF EACH EASEMENT BEING ABi%NDONEDHAVING BEEN DETERMINED BY ANAPPRAISAL OBTAINED BY THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR FILING IN THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city Council of the City of university Park, Texas, has determined that the temporary water main easement, six foot utility easement and twelve foot water main easement described in Exhibits "A", "C", and "E" are no longer needed or necessary; and WHEREAS, the abutting owners desire to purchase such interests from the City; and WHEREAS, the City has secured an appraisal of the interests being conveyed, and the amount being paid by the abutting owners is not less than the fair market value of the interests being conveyed by the City according to such appraisal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the sum of ten thousand dollars ($10,000.00) in hand paid by the abutting property owners, William T. Solomon and Gay F. Solomon, the City of University Park hereby abandons and quitclaims in favor of the said William T. Solomon and Gay F. Solomon, all that certain lot, tract, or parcel of land more particularly described in Exhibits "A", "C", and "E". That said sum of money is equal to or greater than the fair market value of the interests being conveyed, in accordance of such interests obtained by the City of with an appraisal University Park. SECTION Z. interest, described thereon. That the City of University Park does not abandon any other interest than that described in Exhibits "A", "C", and "E", but does hereby abandon all of its right, title or whether by temporary or permanent easement, in the properties, together with any and all improvements SECTION 3. That upon payment of said sum by William T. Solomon and Gay F. Solomon to the City of University Park, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to them, and the recording of this abandonment ordinance in the Deed Records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park, Texas to said abutting owners, William T. Solomon and Gay F. Solomon, of all such right, title or interest of the City of University Park in and to the tracts described in Exhibits "A", "C", and "E". SECTION 4. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the city Council of the City of University Park, Texas, on the 3rd day of March, 1992. APPROVED: v MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY Exhibit "A" Temporary Water Main Easement January 22. 1992 City of University Park Being a tract or parcel of land situated in the city of University Park, Dallas County, Texas and being part of the John Scurlock Survey, Abstract No. 1351 and being part of that tract of land conveyed by deed to William T. Solomon and Gay F. Solomon recorded in Volume 91083, Page 3050 of the Deed Records of Dallas County, Texas and being a portion of the right-of-way for Windsor Lane dedicated to the city of University Park by the plat of Windsor Park Addition an addition to the City of University Park as recorded in Volume 19, Page 231 of the Deed Records of Dallas County, Texas; and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped RLG set at the northerly corner of the easterly terminus of a 12 foot alley right-of-way as dedicated with said Windsor Park Addition, said iron rod also being the southerly common corner of Lots 5 and 6, Block 3 of Jenkins Subdivision of Tract 3 Addition an addition to the city of University Park as recorded in Volume 4, Page 245 of the Deed Records of Dallas County, Texas, from which a 1/2" iron rod found bears North 74'12'44" West 0.38 feet; THENCE South 00'10'00" East along said alley terminus a distance of 12.00 feet to the northeasterly corner of Lot 6, Block 1 of said Windsor Park Addition and the POINT OF BEGINNING of the herein described tract; THENCE North 89'30'00" East parallel to and 12.00 feet south of the southerly line of said Lot 5 a distance of 9.00 feet to a point for corner; THENCE South 00'10'00" East parallel to and 9.00 feet east of the easterly line of said Lot 6 a distance of 198.00 feet to a point for corner in the northerly line of Lot 4, Block 1 of said Windsor Park Addition; THENCE South 89'30'00" West along the northerly llne of said Lot 4, Block 1, passing at 9.00 feet a 3/8" iron rod found at the southwesterly corner of said Solomon tract, in all, a total distance of 10.00 feet to a 1/2" iron rod with yellow plastic cap stamped RLG set for corner in the easterly terminus of said Windsor Lane, a cul-de-sac, said iron rod being the northwest corner of said Lot 4, Block 1; THENCE in a northerly and northwesterly direction along a curve to the left whose chord bears North 27'03'54" West a distance of 44.72 feet having a central angle of 53'07'48", a radius of 50.00 feet, a tangent length of 25.00 feet and an arc length of 46.36 feet to a 1/2" iron rod with yellow plastic cap stamped RLG set for corner in the northerly line of said Windsor Lane, said iron rod being a southerly corner of Lot 6, Block 1 of said Windsor Park Addition; THENCE North 89'30'00" East along the southerly line of said Lot 6, Block 1 a distance of '21.23 feet to a 1/2" iron rod with yellow plastic cap stamped RLG set for corner at the most east, northeast corner of the easterly terminus of said Windsor Lane and the southeast corner of said Lot 6, Block 1; THENCE North 00'10'00" West along the east llne of said Lot 6, Block 1 a distance of 158.00 feet to the POINT OF BEGINNING and containing 2,068 square feet or 0.0475 acres of land. Exhibit "C" 6 Foot Utility Easement Abandonment city of University Park Dallas County, Texas January 22, 1992 Being a tract or parcel of land situated in the City of University Park, Dallas County, Texas and being part of the John Scurlock Survey, Abstract No. 1351 and being part of Lot 6, Block 1, Windsor Park Addition, an addition to the City of University Park as recorded in Volume 19, Page 231 of the Deed Records of Dallas County, Texas and being all of that 6 foot Utility Easement along the easterly line of said Lot 6, Block 1 as recorded with said Windsor Park Addition, and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped RLG set at the northerly corner of the easterly terminus of a 12 foot alley right-of-way as dedicated with said Windsor Park Addition, said iron rod also being the southerly common corner of Lots 5 and 6, Block 3 of Jenkins Subdivision of Tract 3 Addition an addition to the City of University Park as recorded in Volume 4, Page 245 of the Deed Records of Dallas County, Texas, from which a 1/2" iron rod found bears North 74°12'44'' West 0.38 feet; THENCE South 00°10'00'' East along said alley terminus a distance of 12.00 feet to the northeasterly corner of said Lot 6, Block 1 of Windsor Park Addition and the POINT OF BEGINNING of the herein described tract; THENCE South 00°10'00'' East along the easterly line of said Lot 6, Block 1 a distance of 158.00 feet to a 1/2" iron rod with yellow plastic cap stamped RLG set for corner at the southeasterly corner of said Lot 6, Block 1 and at the northeast corner of a portion of Windsor Lane abandoned by City of University Park Ordinance No. 91/13; THENCE South 89°30'00'' West along the northerly line of said abandoned Windsor Lane a distance of 6.00 feet to a point for corner; THENCE North 00°10'00'' West parallel to and 6 feet west of the easterly line of said Lot 6, Block 1 a distance of 158.00 feet to a point for corner in the southerly line of said 12 foot alley right-of-way; THENCE North 89°30'00'' East along said southerly line a distance of 6.00 feet to the POINT OF BEGINNING and containing 948 square feet or 0.0218 acre of land more or less. Exhibit "E" 12 Foot Water Main Easement Abandonment city of University Park Dallas County, Texas January 22, 1992 Being a tract or parcel of land situated in the city of University Park, Dallas County, Texas and being part of the John Scurlock Survey, Abstract No. 1351 and being all of that 12 foot Water Main Easement as recorded in Volume 3844, Page 410 of the Deed Records of Dallas County, Texas, and being part of Lot 6, Block 1, Windsor Park Addition, an addition to the city of University Park as recorded in Volume 19, Page 231 of the Deed Records of Dallas County, Texas; and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped RLG set at the northerly corner of the easterly terminus of a 12 foot alley right-of-way as dedicated with said Windsor Park Addition, said iron rod also being the southerly common corner of Lots 5 and 6, Block 3 of Jenkins Subdivision of Tract 3 Addition an addition to the city of University Park as recorded in Volume 4, Page 245 of the Deed Records of Dallas County, Texas, from which a 1,/2" iron rod found bears North 74°12'44'' West 0.38 feet; THENCE South 00°10'00'' East along said alley terminus a distance of 12.00 feet to the northeasterly corner of said Lot 6, Block 1 of Windsor Park Addition and the POINT OF BEGINNING of the herein described tract; THENCE South 00°10'00'' East along the easterly line of said Lot 6, Block 1 a distance of 158.00 feet to a 1/2" iron rod with yellow plastic cap stamped RLG set for corner at the southeasterly corner of said Lot 6, Block 1 and at the northeast corner of a portion of Windsor Lane abandoned by city of University Park Ordinance No. 91/13; THENCE South 89°30'00'' West along the northerly line of said abandoned Windsor Lane a distance of 12.00 feet to a point for corner; THENCE North 00°10'00'' West parallel to and 12 feet west of the easterly line of said Lot 6, Block 1 a distance of 158.00 feet to a point for corner in the southerly line of said 12 foot alley right-of-way; THENCE North 89°30'00'' East along said southerly line a distance of 12.00 feet to the POINT OF BEGINlgING and containing 1896 square feet or 0.0435 acre of land more or less. ORDINANCE NO. ~ i~ORDINANCE OF THE CITY OF UNIVERSITY P~RK, TEX~S, AMENDING ORDINANCE 91/1 BY ~qMENDING E~IBIT "A" THERETO, THE HOUSEHOLD RECYCL~BLE 1.~TERIAL COLLECTION SERVICES CONTI~CT, TO REQUIRE A PERFORManCE BOND ASSUMING FORTY PER CENT {40%) PARTICIPATION FROM SIXTY-FIVE HUNDRED {6,500) ELIGIBLE HOUSEHOLDS; ~ PROVIDING ~ EFFECTIVE DATE. WHEREAS, the City of University Park granted a franchise for the use of public property of the City for the purpose of furnishing to the public household recyclable material collection services; and WHEREAS, such franchise was granted to CMC Recycling and incorporated the aforesaid contract and the City's request for bids; and WHEREAS, such request required the Contractor to provide a performance bond equivalent to one hundred per cent (100%) of the subscription revenue, assuming one hundred per cent (100%) participation from sixty-five hundred (6,500) eligible households in the city; and WHEREAS, the actual participation has been substantially less than one hundred per cent (100%) and the City Council feels that it is in the public interest to reduce the assumed participation to forty per cent (40%) of the eligible households of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Exhibit "A" to Ordinance 91/1 be, and the same is hereby, amended by amending Section XIIB of the City's Request for Bids to read as follows: "B. The Contractor shall provide a performance bond equivalent to one hundred per cent (100%) of the subscription revenue, assuming forty per cent (40%) participation from sixty-five hundred (6,500) households." SECTION 2. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of March, 1992. APPROVED: ~~/~ ATTEST' CITY SECRETARY APPROVED AS TO FORM: (RLD/jd 2-26-92) AGG02205 ORDINANCE NO. 92/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PANK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 2, SECTION 5, PROHIBITING THE SALE OF CERTAIN ANIMALS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SU~ OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEX~S: SECTION 1. That Chapter 2, Section 5, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by adding Subsection D to read as follows: "D. SAT.R OF BABY CHICKS, DUCKLINGS, AND CERTAIN OTHER ANIMALS PROHIBITED. (1) A person commits an offense if he knowingly sells, rents, barters, or gives away a baby chick, duckling, skunk, raccoon, fox, opossum, or bat as a pet. (2) It is a defense to prosecution under this section, that the sale, rental, exchange or gift was by a person having scientific, educational, governmental or similar justification." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances as amended hereby, be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, firm or corporation who shall be the owner, occupant or person in charge of any lot or premises violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the city Council of the City of University 3rd Park, Texas, on the day of March ATTEST: , 1992. CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/j d 2-17-92) ORDINANCE NO. 92/14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/21 IN ORDER TO NAME A NEW MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC., AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance No. 90/21, Section 4. is hereby amended to read as follows: Section 4. That this Commission hereby appoints the University Park Director of Finance as registered agent for the Authority and appoints the following person as a member of the Board of Directors of the Authority, to-wit: Thomas Max Nygaard Paul Corley James B. Gardner Larry Maxwell S. Louis Moore, Jr. Trevor W. Rees-Jones Don M. Houseman SECTION II THAT, the appointment shall be coterminous with the City Council or until their successors have been named. PASSED AND APPROVED the 7th day of April, ~fA¥O~R ATTEST: CITY SECRETARY ORDINANCE NO. 92/15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/22 IN ORDER TO NAME NEW MEMBERS TO THE BOARD OF DIRECTORS OF THE SOUTHWEST HIGHER EDUCATION AUTHORITY, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION I THAT, Ordinance No. 90/22, Section 4. is hereby amended to read as follows: Section 4. That this Commission hereby appoints the University Park Director of Finance as registered agent for the Authority and appoints the following persons as members of the Board of Directors of the authority, to-wit: James B. Gardner Paul Corley Larry Maxwell S. Louis Moore, Jr. Thomas Max Nygaard Trevor W. Rees-Jones Don M. Houseman SECTION I I THAT, the appointment shall be coterminous with the City Council or until their successors have been named. PASSED AND APPROVED the 7th day of/"a~pril, 1992. ATTEST: CITY SECRETARY ORDIN~d~CE NO. 92 / 16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, ~IENDING ORDIN~CE NO. 9L/L6 THE BUDGET ORDINANCE FOR FISCAL YEAR 1991-1992; APPROPRIATING FUNDS FOR A NEW TELEPHONE SYSTEM FOR THE CITY; AUTHORIZING TI~NSFER OF THIRTY-ONE THOUSAND EIGHT HUNDRED THIRTEEN DOLLARS (~$2,813.00) FROM THE GENEI~L FUND UNI~STRICTEDRESERVETO THE GENEI~L FUND FOR SUCH PURPOSE; ~ PROVING AN EFFECTIVE DATE. WHEREAS, the city Council of the city of University Park adopted an annual municipal budget by Ordinance No. 91/16 to cover the proposed expenditures of the city for fiscal year 1991-1992, and WHEREAS, the City Council has determined that there is a public necessity to amend such original budget to meet conditions that were not included in the original budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY P~RK, TEX~S: SECTION ~. That to provide funds for the purchase of a new telephone system, including the Plexar System, voice mail installation, station equipment, and related improvements, the city Manager and Director of Finance be, and they are hereby, directed and authorized to transfer to the general fund the sum of Thirty-One Thousand Eight Hundred Thirteen Dollars ($31,813.00) from the General Fund Unrestricted Reserve. SECTION Z. That this ordinance constitutes an amendment of Ordinance No. 91/16, the budget ordinance for fiscal year 1991-1992 and shall take effect immediately from and after its passage, as the law and charter in such cases provide. 92.12! O398 DULY PASSED by the City Council of the City of University Park, Texas on the 2nd day of June, 1992. APPROVED ~YoR ATTEST: CITY ATTORNEY CITY SECRETARY 92121 ORDINANCE NO. 92~17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BYAMENDING CHAPTER 4, SECTION 1.2, "PERMIT TO PAINT HOUSE NUMBERS ON STREETS"; PROVIDING REGULATIONS; PROVIDING SPECIFICATIONS FOR HOUSE NUMBERS ON CURBS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 4, Section 1.2, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended, in part, as follows: "Section 1.2: PERMIT TO AFFIX HOUSE NUMBERS ON STREETS The provisions of this section shall apply to all persons seeking a permit to engage in business to affix house address numbers on streets and alleys. A. DEFINITIONS (4) Permit shall mean the written authorization of the city for a person to engage in business to affix house numbers on the streets, alleys, and curbs of the City. Be PERMITS (1) Permit required (a) It shall be unlawful for any person to engage in business to affix house numbers on streets or curbs or in alleys without having a permit from the City of University Park authorizing such activity. (9) Specifications for house numbers on curbs Specifications for house numbers on curbs shall be as follows: (a) Curb markings shall be white retro-reflective tape with green numbering; (b) The white retro-reflective tape shall be a minimum of four (4) inches in width and twelve (12) inches in length, with a minimum specific luminance of 760 at 0.5° observation angle; (c) The numbering shall be a minimum of three (3) inches in height and one and one-half (1%) inches in width, evenly spaced, and permanently affixed to the white backing; (d) The curb marking shall be applied in accordance with the manufacturer's recommendation; and (e) House numbers on curbs shall be neat in appearance, uniformly applied to the curb and shall be located in the curb radius at one driveway entrance or centered on the lot. SECTION 2. That all provisions of the ordinances of the city of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the city of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, fin or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and eve~ day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect i~ediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of April , 1992. ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY AGG024?A ORDINANCE NO. 92/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 91/16, THE BUDGET ORDINANCE FOR FISCAL YEAR 1991-92; PROVIDING ~DDITIONAL FUNDING FOR THE CAPITAL EQUIPMENT RESERVE; AUTHORIZING TRANSFER OF FOUR HUNDRED THOUSAND DOLL~RS ($400,000.00) FROM THE GENERAL FUND AND ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FROM THE UTILITY FUND TO THE CAPITAL EQUIPMENT RESERVE; B_ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the city of University Park adopted an annual municipal budget by Ordinance No. 91/16 to cover the proposed expenditures of the city for fiscal year 1991-92; and WHEREAS, the City Council has determined that there is a public necessity to amend such original budget to meet conditions that were not included in the original budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That to further fund the Capital Equipment Reserve Fund, the City Manager and Director of Finance be, and they are hereby, directed and authorized to transfer to the Capital Equipment Reserve Fund the sum of Five Hundred Thousand Dollars ($500,000.00), Four Hundred Thousand Dollars ($400,000.00) of such amount being transferred from the General Fund Unrestricted Reserve and One Hundred Thousand Dollars ($100,000.00) thereof being transferred from the Utility Fund Unrestricted Reserve. SECTION 2. That this ordinance shall take effect immediately from and after its passage as the law in such cases provides. 9212! DULY PASSED by the City Council of the City of University Park, Texas on the 7th day of April, 1992. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY 92121 ~crlbed re~l p;'o~rJ.i b~c~use of color or rece Is lnvsIId 8fit STAT: O: TE~S COUN~ OF DALL~ · COUNTY_ CLERK, Dallas Countyl Texlt ORDINANCE NO. 92/19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 91/15 OF THE CITY OF UNIVERSITY PARK, TEXAS, BY DELETING SECTION 5 AND RENUMBERING SECTIONS 6-15 TO SECTIONS 5-14 RESPECTIVELY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance 91/15 of the City of University Park, Texas, is hereby amended by deleting Section 5 and renumbering Sections 6-15 to Sections 5-14 respectively. PASSED AND APPROVED this the 7th day of April, 1992. ATTEST: CITY SECRETARY ORDINANCE NO. 9 P- / 20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING THE LOCATION OF A SCHOOL TRAFFIC ZONE FOR UNIVERSITY PARK ELEMENTARY SCHOOL ON HILLCREST FROM A POINTONEHUNDRED THIRTY FIVE (~35) FEET SOUTH OF SOUTHWESTERN BOULEVARD TO A POINT ONE HUNDRED SIXTY-FIVE FEET NORTH OF CARUTH BOULEVARD; PROVIDING A MAXIMUM LAWFUL PRIMA FACIE BPEED LIMIT OF TWENTY (20) MILES PER HOUR; PROVIDING FOR THE ERECTION OF APPROPRIATE TRAFFIC CONTROL DEVICES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION That on the basis of a traffic engineering study, the City Council finds and determines that a school traffic zone, serving primarily University Park Elementary School, should be, and is hereby, designated on Hillcrest Road from a point one hundred thirty-five (135) feet south of its intersection with Southwestern Boulevard to a point one hundred sixty-five (165) feet north of its intersection with Caruth Boulevard. SECTION 2. A person commits an offense if he operates a vehicle in a school traffic zone at a speed greater than twenty (20) miles per hour at any time when the school traffic zone is effective, and any speed in excess of twenty (20) miles per hour shall be prima facie evidence that the speed is not reasonable or prudent and is unlawful. SECTION 3. The Chief of Police is hereby directed to erect appropriate street markings or signs as traffic control devices indicating this school traffic zone. Such signs and markings shall be erected in accordance with the Texas Manual of Uniform Traffic Control Devices currently in effect. The speed limits designated for this school traffic zone shall not be effective unless and until such signs and markings are in place, and shall then be effective only during the hours from 7:30 A. M. to 9:30 A. M. and from 2:30 P. M. to 4:00 P. M. on school days. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction in the Municipal Court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the city Council of the city of University Park, Texas on the 5th APPROVED AS TO FORM: CITY ATTORNEY day of May ~////~VED: ATTEST: , 1992. CITY SECRETARY ORDINANCE NO. 92/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS THE NORTH 190 FEET OF LOT 2, BLOCK 13, OF THE BROOKSlDE ESTATES ADDITION, MORE COMMONLY KNOWN AS 6900 TURTLE CREEK, TO PERMIT KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN A DETACHED ACCESSORY BUILDING, SUBJECT TO A SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have .given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the comprehensive zoning ordinance and map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the zoning map of the City of University Park so as to grant a specific use permit for the property described as the North 190 Feet of Lot 2, Block 13, of the Brookside Estates Addition more commonly known as 6900 Turtle Creek Boulevard, to permit kitchen, cooking, and food preparation facilities in a detached accessory building. SECTION 2. That the granting of this zoning amendment is subject to the special condition that the property owners execute and deliver to the City a covenant running with the land that prohibits the use of the accessory building for lease/barter exchange. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and they are hereby, repealed and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the parts thereof decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the comprehensive zoning ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. 2nd DULY PASSED by the City Council of the City of University Park, Texas, on the __ dayof June , 1992. APPROVED: ATTEST: City Secretary City Attorney ORDINANCE NO. 9 2 / 2 2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 31-102 GENERAL DEFINITIONS BY ADDING, IN ALPHABETICAL ORDER, AS SUBSECTION (35A) A DEFINITION OF DORMER; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to amending of the Comprehensive Zoning Ordinance, have give the requisite notices by publication and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and the City Council of the City of University Park is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending SECTION 31-102 GENERAL DEFINITIONS so as to add, in alphabetical order, a new Subsection (35A) as follows: "(35A) Dormer - A roofed vertical projection, containing a window and projecting through a sloped roof. Such projection shall not exceed six (6) feet in width, shall be separated by a minimum of six (6) feet from any other dormer or vertical wall, and shall have roof on all side." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and they are hereby, repealed and all other ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the parts thereof decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the comprehensive zoning ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. 2nd DULY PASSED by the City Council of the City of University Park, Texas, on the __ dayof June , 1992. APPROVED: A'I-I'EST: City Secretary APPROVED AS TO FORM: City Attorney ORDINANCE NO. 92/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT DUPLEX-2 ZONING DISTRICT CLASSIFICATION TO THE PROPERTY DESCRIBED AS THE SOUTH 17 FEET OF LOT 27, LOT 28, LOT 29, LOT 30, AND LOT 31, BLOCK 6, OF THE WESTMINSTER PLACE ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 6700 AIRLINE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABIMTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearingS and afforded a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the comprehensive zoning ordinance and map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant Duplex-2 zoning district classification to the property described as the South 17 Feet of Lot 27, Lot 28, Lot 29, Lot 30, Lot 31, Block 6, of the Westminster Place Addition of the City of University Park, more commonly known as 6700 Airline. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and they are hereby, repealed and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the parts thereof decided to be invalid, illegal or unconstitutional, and the same shall not affect the validity of the comprehensive zoning ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of .~.ua~, 1992. APPROVED: I~ayor- ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ORDINANCE NO. 92/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEX~S, ABAIqDONING A PORTION OF THE SANITARY SEWER EASEI~ENT IN EXCHANGE FOR THE DEDICATION OF A SANITARY SEWER EASEWENT OUT OF THE SAME TI~CT OF LAND; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED IN FAVOR OF THE ABUTTING PROPERTY OWNERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sanitary sewer easement described in Exhibit "A" is no longer needed or necessary for public purposes, and WHEREAS, the abutting property owners have dedicated a new sanitary sewer easement whose value is greater than the fair market value of the easement being abandoned to the said abutting property owners, and the City Council has determined that an exchange should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the portion of the sanitary sewer easement described in Exhibit "A" attached hereto and made part hereof for all purposes, is no longer needed or necessary for use by the City or for sanitary sewer purposes and should be abandoned in favor of the abutting property owners for the consideration described below. SECTION Z. In consideration of the abandonment of said sanitary sewer easement described in Exhibit "A", the abutting property owners, N. S. Waterman, Jr. et ux Linda Waterman, have heretofore dedicated to the City of University Park a sanitary sewer easement described in Exhibit "B" attached hereto and made part hereof for all purposes. SECTION $. That the City has obtained an appraisal of the fair market value of said easements and has determined that the fair market value of the easement dedicated to the City by easement deed, is equal to or in excess of the fair market value of the sanitary sewer easement to be abandoned by the City and that therefore an equal exchange is appropriate. SECTION 4. That for and in consideration of such exchange, the sanitary sewer easement described in Exhibit "A" be, and the same is hereby, abandoned by the City of University Park, Texas, in favor of the abutting property owners, N. S. Waterman, Jr. et ux Linda Waterman, their successors or assigns. SECTION 5. That the easement being abandoned in favor of the said abutting property owners shall extend only to the public right, title and interest in and to said easement and shall be construed to extend only to the interest that the City Council of the City of University Park may legally abandon. SECTION 6. That this abandonment ordinance shall constitute a quitclaim deed in favor of N. S. Waterman, Jr. et ux Linda Waterman, the owners of the abutting property and the underlying fee simple, and a certified copy hereof may be furnished to said abutting property owners by the City Secretary, and such certified copy may be filed for record in the Real Property Records of Dallas County, Texas, to indicate such abandonment. SECTION 7. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the city Council of the City of University Park, Texas on the 2nd day of June , 1992. CITY ATTORNEY ATTEST: CITY SECRETARY FOOT 8~NIT&RY aEW~R F~eENENT ~T8 3 ~ 4~ B~CK ~3 B~O~IDE EeTATBS ~Y ~1, 1992 Untvercity Park. T~ai and being pa~ of ~ts 3 and 4 o~ Block 13, Broo~ide Estates, an additio~ to the City of University Park as receded ~n Vol~e 5,Page 129 of the Pi~= Records, Dallas county~ Texas and being 7.5 feo~ eider s~d6 Df tho following ao~oribod cen2erl~o ~ BE~I~ING at a point for corner in the ~ou~ea~t~lY line of ~r~e creek Boule~rd (n v=riable wid~ right-of-way)~ s=i~ pein2 b=ing southwocterly a distance of 22.98 feet from the northeast co.er of a trac= of land conveyed to Robert ~ on Septe~er 19, 1966, said pein= al~o being the beginni~g of a cu~e ~0 the rlght~ ~NOR in a ~ou~ea~erly dir~tion along ~ai~ =u~e ~ ~e right. whose cho~ bears South 60'45'23" East a distance of 79.81 feet ~d having a radiu~ of 160.00 ~eet, a central angle of 28'~'02" a~d ~ ~NCE ~outh 2&'~0'51" East a ~tance of 50.10 feet to a sanita~ sewer ma~ole ~or co~er~ T~ENCE Sou~ 23'48'28" ~ast a dls~anoo of 58.86 f~ot eo a point for co.er in th~ ~outheasterly line of said Lot 4 and the end of this D~lng a 1~ foot wi~e sanitary sewor oa~oment An tho City of Univer=ity Park, Texaa and being Dart of Lots 3 and 4 of Block 13, Brookside Estates, 8~ addition to the City of University Park retched i~ Vol~e 5,Page 129 of ~e Pla~ Records, Dallas Texas and berg 7.5 feet eider s~do of tho following centerline ~ BBGI~ING at a point for corner in the sou~east~ly line of creek Boule~rd (a v~riabl~ wid~ right-of-w=y), sai~ poin~ boing southw~cterly a distance o~ 22.98 feet from the northeast co,er of a tract of land conveyed to Robert ~ on Septe~er 19, 1966, said poin= al~o being ~he beginning of a cu~e to the rlght~ ~NOB in a ~ou~eas~erly ~r~tion along ~aid cu~e ~ ~e right. whose cho~ beaus South 60.'45'23" East a d~stance of 79.81 feet a~d having a radi~s of 160.00 feet, a central angle of 28'~3'02" and arc len~h o~ 80.66 ~ee= =o a san~ s~er m~ole ~or ~NCE ~outh 2&'50'51" East a ~stance of 50.10 feet to a sanita~ sewer ma~ole for co~e= in th~ ~outheasterly line of said Lot 4 and the end of this easem~t · EXHIBIT "'B" June 16, 1992 City of University Park County Clerk 500 Main, 2nd Floor Dallas, Texas 75202 Dear Sir: Enclosed are copies of Ordinance No. 92/16 and Ordinance No. 92/18 which amend Ordinance No. 91/16 (the original budget ordinance). I understand these need to be filed in your office. Also enclosed to be filed is a copy of Ordinance No. 92/24. check in the amount of $34.00 is enclosed for this filing. A For my reference, please send a fee schedule as of September 1, 1991 when you return the originals. If there are further questions, please call me. Sincerely, Bobbie H. Sharp City Secretary Thank you. enclosures 3800 UNIVERSITY BOULEVARD BOX 8005 DALLAS, TEXAS 75205-0005 TELEPHONE 214/363-1644 CERTIFICATE CITY OF UNIVERSITY PARK COUNTY OF DALLAS AO01 STATE OF TEXAS § This will certify that the above and foregoing is a true and correct copy of Ordinance No. 92/24 , enacted by the City Council of the City of University Park, Texas, at a regularly scheduled meeting on the 2nd day of June , 1992, as such ordinance is enrolled in the original ordinance book of the City of University Park, and the undersigned is the custodian of the official records of said City and is authorized and qualified to certify the authenticity of such ordinance. DEED 18.00 TOTL 18.00 6987 0000000 6668 8:51A~ 6/22/?2 BOBBIE SHARP, CITY SEORETARY AGGO27EE ORDINANCE NO. 92/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE SANITARY SEWER EASEMENT IN EXCHANGE FOR THE DEDICATION OF A SANITARY SEWER EASEMENT OUT OF THE S~ME TRACT OF LAND; PROVIDING THAT THIS ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED IN FAVOR OF THE ABUTTING PROPERTY OWNERS; ~ND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sanitary sewer easement described in Exhibit "A" is no longer needed or necessary for public purposes, and WHEREAS, the abutting property owners have dedicated a new sanitary sewer easement whose value is greater than the fair market value of the easement being abandoned to the said abutting property owners, and the City Council has determined that an exchange should be made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the portion of the sanitary sewer easement described in E~hibit "A" attached hereto and made part hereof for all purposes, is no longer needed or necessary for use by the City or for sanitary sewer purposes and should be abandoned in favor of the abutting property owners for the consideration described below. SECTION 2. In consideration of the abandonment of said sanitary sewer easement described in Exhibit "A", the abutting property owners, N. S. Waterman, Jr. et ux Linda Waterman, have heretofore dedicated to the City of University Park a sanitary sewer easement described in Exhibit "B" attached hereto and made part hereof for all purposes. SECTION 3. That the city has obtained an appraisal of the fair market value of said easements and has determined that the fair market value of the easement dedicated to the City by easement deed, is 92121 equal to or in excess of the fair market value of the sanitary sewer easement to be abandoned by the City and that therefore an equal exchange is appropriate. SECTION 4. That for and in consideration of such exchange, the sanitary sewer easement described in Exhibit "A" be, and the same is hereby, abandoned by the City of University Park, Texas, in favor of the abutting property owners, N. S. Waterman, Jr. et ux Linda Waterman, their successors or assigns. SECTION 5. That the easement being abandoned in favor of the said abutting property owners shall extend only to the public right, title and interest in and to said easement and shall be construed to extend only to the interest that the City Council of the City of University Park may legally abandon. SECTION 6. That this abandonment ordinance shall constitute a quitclaim deed in favor of N. S. Waterman, Jr. et ux Linda Waterman, the owners of the abutting property and the underlying fee simple, and a certified copy hereof may be furnished to said abutting property owners by the City Secretary, and such certified copy may be filed for record in the Real Property Records of Dallas County, Texas, to indicate such abandonment. SECTION 7. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas on the 2nd day of June , 1992. CITY ATTORNEY APPROVED: ATTEST: CITY SECRETARY D~ing a 13 foot wi~e sanitary sewor oa~oment in tho City o~ univer=itY Park, Tewaa and bein~ pa~ of ~ts 3 and 4 o~ Block 13, Broo~i~e Estates, an addition to the city of University Park as receded in Vol~e 5,Page 129 of ~e Pla= Recor~s, Dallas coun:y, oen~erl ina ~ BR~I~IN~ at a point for corner in the ~ou~ea~t~lY line of ~r~e =reek ~oule~ (~ variable wi~ right-of-way)~ smi~ poin~ boing southwesterly a ~i~tance of 22.98 feet ~rom the northeast ocher of a tract of lan~ conveye~ to Robert ~ ~ Septe~er 19, 1966, said pein= al~o being the beginni~g of a cu~e to the right; ~NOR in a ~ou~oas~erl~ ~r~tion along ~ai~ cu~e ~ ~a right. whose cho~ bears South 60'45'23" East a distance of 79.81 feet and having a radius of 160.00 ~eet, a oe~tral angle of 28'53'02" a~d ~ ~NC~ gouth 2&'S0'51" East a ~tance o~ 50.10 ~eet to a sanita~ sewer ma~ole for oo~er~ co~e= in th~ ~outheasterly line of smi~ Lot 4 and the en~ of this easement · LOTS $ AND 4t BLOCK 13 CITY OF UNIV~P~ITY PARE~ D2%LL~ COUN~¥~ T~X~S MAT 21, 1992 D~lng a 15 foot wide sanitary sswor oaooment in tho City of UntvQr=ity Park, T~a~ and being Dart of Lots 3 and 4 of Block 13, Brookside Estates, an addition to the City of University Park as recorded in Volume 5,Page 129 of the Plat Records, Dallas county, Texas and being 7.5 fe~t either side of the following aa=cribed oenterline; BEGINNING at a point for corner in the southeasterly line of Turtle creek Boule~rard (a variable width right-of-way), said poin~ boing southw~=terly a dl=tance of 2:.98 feet from the northeast corner of a tract of land conveyed to Robert Lamm on September 19, 1966, said point also being the beginning of a curve to the right; TH~NC~ in a ~outheas%erly d/r~ction along ~aid curve tn the right whose chor~bears South 60'45'23" East a distance of 79.81 feet and having a radius of 160.00 feet, a central angle of 28'53'02" and an arc length o~ 80.66 ~ee= =o a sanitary sewer m~ole for ~orner, THENCE ~outh 2A'50'51~ East a d/stance of 50.10 feet to a sanitary sewer manhole for corner; T~ENCE South 23'48a28'' East a dlstanoo of 5g.86 fo~t to a point for corner in t.h~ ~outheasterly line of said Lot 4 and the end of this easement. EXHIBIT '"B" /~ny provl~io~ Ife~e;n which restricts the SalE, rentnl, or ull~l ~ ~,~ ~TATE OF TEXAS COUN~ OF OALLA~ hereby ~r~lfy this Instrument was flied on the date and time ~a~e ef the named records ol Dallas County, Texas as stam~ ~ereen by m~ JUN ~,~ 1992 ORDINANCE NO. 92/25 AN ORDINaNCE OF THE CITY OF UNIVERSITY PARK, TEX~S, AMENDING ORDINANCE 90/6 ESTABLISHING A SPECIAL SIGN DISTRICT FOR THE PLAZA AT UNIVERSITY PARK; CONTINUING THE SPECIAL SIGN DISTRICT FOR FIVE YEARS; PERMITTING THE ERECTION OF A LEASING SIGN FOR TWO YEARS; PERMITTING THE ERECTION OF A DIRECTORY SIGN; PERMITTING ONE FULL BUSINESS IDENTIFICATION SIGN ON EACH STREET FRONTAGE FOR CORNER TENANTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE BUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 90/6 established a Special Sign District for the Plaza at University Park; and WHEREAS, the Special Sign District expires on February 21, 1993; and WHEREAS, a re~aest for amendment has been reviewed and approved by the Urban Design and Development Advisory Committee of the City; and WHEREAS, the City Council has provided notice and a public hearing with regard to the request to amend the Special Sign District and the recommendation of the Committee and is of the opinion and finds that such Special Sign District should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance 90/6 creating a Special Sign District for the Plaza at University Park and has recommended to the City Council that certain provisions of such ordinance be amended accordingly. SECTION 2. That Section i B of Ordinance 90/6 be, and the same is hereby, amended to permit a directory sign within the district, provided that the sign background be one color (cream), that the graphics be three colors (turquoise, coral and blue) in the three sections as shown on the attached Exhibit "A" attached hereto and made part hereof for all purposes, and that the directory sign contain only one type face. SECTION 3. That Section 1 B of Ordinance 90/6 be, and the same is hereby, amended further to permit a leasing sign for the district for a period of two years from the effective date of this ordinance. SECTION 4. That Section 1 B of Ordinance 90/6 be, and the same is hereby, further amended to permit tenants on street intersections to have one full business identification sign on each street frontage, with the sign area for such sign to be determined by that street frontage and the normal provisions of Chapter 12 of the Code of Ordinances of the City of University Park. SECTION 5. That Section 3 of Ordinance 90/6 be, and the same is hereby, amended to read: "This Special Sign District shall expire and be of no further force or effect on June 1, 1997, and the signs erected by a new permit in the district pursuant to the provisions of Ordinance 90/6 shall, at the expiration of the district, be removed or made to conform to the requirements of Chapter 12 of the Code of Ordinances of the City of University Park, at the sole expense of the owner thereof." SECTION 6. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions with this ordinance shall remain in full force and effect. SECTION 7. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the parts thereof declared to be invalid, illegal or unconstitutional. SECTION S. That any person, firm or corporation violating any of the provisions of this ordinance or Ordinance 90/6 as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day said violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of July , 1992. APPROVED: ATTEST: CITY SECRETARY r~-~PROVED AS TO FORM: CITY ATTORNEY SUIT YOURSELF FORK-N-SPOON COIFFURE CONTINENTAL KID BIZ ONE SAFE PLACE STOREHOUSE ANDREA ALEXANDER LLEWELLYN & LEE BASKIN-ROBBINS CAMPBELL STATIONERS HUNTER BRADLEY EDWARD STALCUP PARTY ART CAFE DE FRANCE iOlsE.. 4 I 'I'gNANT ORDINANCE NO. 92/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 16 FOR THE ROBERT S. HYER ELEMENTARY SCHOOL, 3920 CARUTH, MORE PARTICULARLY DESCRIBED AS LOTS 1-18, BLOCK 39, THE UNIVERSITY HEIGHTS NO. 4 ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 5, PAGE 133, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; APPROVING A REVISED CONCEPTUAL SITE PLAN; REQUIRING THE APPROVAL OF A DETAILED SITE PLAN AS PROVIDED BY THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.00) FOR EACH OFFENSE; AND PROVIDINGAN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Conceptual Site Plan heretofore approved for Planned Development District No. 16 for the Robert S. Hyer Elementary School, on the property described as Lots 1-18, Block 39, of the University Heights No. 4 Addition, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 5, Page 133, of the Map Records of Dallas County, Texas, and more commonly known as 3920 Caruth. SECTION 2. That the amended Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein. That such amended Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. Prior to the issuance of a building permit under this Planned Development District, a Detailed site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinance of the City of University Park. SECTION 4. That the granting of approval of the amendment of the Conceptual Site Plan for Planned Development District No. 16 is subject to the special condition that the portable buildings depicted thereon will be removed by the property owner within two years from the effective date of this ordinance. SECTION 5. That all provisions of the ordinances of the city of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the city of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION ?. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 8. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 4th day of August , 1992. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY AGGO2CA8 ORDINANCE NO. 92/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXASt AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE ANENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 15 BY APPROVAL OF AN AMENDED CONCEPTUAL SITE PLAN PERMITTING A PORTABLE BUILDING ON THE UNIVERSITY PARK ELEMENTARY SCHOOL AT 3505 AMHERST, UNIVERSITY PARKt DALLAS COUNTYt TEXASt MORE PARTICULARLY DESCRIBED AS LOTS 1-26t BLOCK Ct OF THE UNIVERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXASt RECORDED IN VOLUME 3t PAGE 383 OF THE MAPRECORDS OF DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVEI~ABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($Z,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the city of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by approval of an amended Conceptual Site Plan for Planned Development District No. 15 for the University Park Elementary School, on the property described as Lots 1-25, Block C, of University Heights Addition Revised, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 3, Page 383, of the Map Records of Dallas County, Texas, and more commonly known as 3505 Amherst. SECTION 2. That the amended Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein. That such amended Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinance of the City of University Park. SECTION 4. That the granting of the amended Conceptual Site Plan for Planned Development District No. 15 is subject to the special condition that the portable building depicted thereon will be removed by the property owner within three years from the effective date of this ordinance. SECTION 5. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 8. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provides. DULY PASSED by the City Council of the City of University Park, Texas on the 4th day of August , 1992. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY AGGO2CA9 ORDINANCE NO. 92/28 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE CITY SECRETARY AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1992, and ending September 30, 1993, under full compliance with budgetary requirements of Chapter 102, Texas Local Government Code. SECTION II THAT, the preliminary budget was filed in the office of the City Secretary on July 6, 1992, as required by law. SECTION III THAT, a notice of a public hearing for September 1, 1992 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of the budget of the City of University Park is marked and filed in the office of the City Secretary, is attached hereto by reference as Exhibit "A", made a part hereof for all purposes, and adopted as the official budget of the City of University Park, Texas, for the fiscal year beginning October 1, 1992, and ending September 30, 1993. PASSED AND APPROVED this the 1st day of September, 1992. ATTEST: APPROVED: City Secretary Mayor EXHIBIT A CITY OF UNIVERSITY PARK DEPARTMENT EXPENDITURE SUMMARY TOTAL LEGISLATIVE EXECUTIVE FINANCE PERSONNEL LEGAL ENGINEERING TRAFFIC GARAGE FACILITY MAINTENANCE FIRE POLICE SANITATION PARKS SWIMMING POOL STREETS ONE TIME VACATION GENERAL FUND UTILITY OFFICE WATER SERVICE WASTEWATER ONE TIME VACATION TOTAL UTILITY FUND 1992-93 BUDGET AS ADOPTED $ 0 496,430 715,512 151,607 256,795 496,497 531,841 555,865 552,793 1,979,499 2,726,388 1,655,208 1,344,976 140,743 1,722,095 95,000 $13,421,249 3,506,440 1,927,941 1,568,997 14,600 $ 7,017,978 TOTAL DEBT SERVICE 1972 TOTAL DEBT SERVICE 1980 TOTAL BUDGET $ 202, 903 $ 1,051,847 $21,693,977 ORDINANCE NO. 92/29 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1992 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1992, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1992, and not exempted by the constitution and laws on the State of Texas, an ad valorem tax of forty-eight and fifty-two one hundreths cents ($.4852) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.4113 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0739 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1992 tax year, the City Council authorizes a general homestead exemption of twenty percent (20%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1992 levy. PASSED AND APPROVED this 1st day of September, 1992. Mayor ' ~ D ATTEST: City Secretary ORDINANCE NO. 92/30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFUNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMU~ CHIEF OF POLICE AND FIRE PUBLIC WORKS DIRECTOR FINANCE DIRECTOR OPERATIONS MANAGER ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER PARKS DIRECTOR ASSISTANT FINANCE DIRECTOR PERSONNEL DIR./RISK MGR. DEPUTY FIRE CHIEF POLICE CAPTAIN ASST. TO THE CITY MANAGER SANITATION SUPERINTENDENT BUILDING OFFICIAL GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR TRAFFIC SUPERINTENDENT STREET SUPERINTEDENT WASTEWATER SUPERINTENDENT WATER SUPERINTENDENT ADMIN. ASSISTANT PARK SUPERINTENDENT WATER DEPARTMENT MANAGER PURCHASING BUYER CITY SECRETARY E 904 5,060 6,325 7,590 E 904 5,060 6,325 7,590 E 755 4,404 5,506 6,607 E 702 4,171 5,214 6,257 E 611 3,771 4,714 5,656 E 611 3,771 4,714 5,656 E 611 3,771 4,714 5,656 E 594 3,696 4,620 5,544 E 568 3,582 4,477 5,372 E 551 3,507 4,384 5,260 E 516 3,353 4,191 5,029 E 516 3,353 4,191 5,029 E 479 3,190 3,988 4,785 E 421 2,935 3,669 4,402 E 373 2,724 3,405 4,085 E 366 2,693 3,366 4,039 E 332 2,543 3,179 3,815 E 318 2,482 3,102 3,722 E 313 2,460 3,075 3,689 E 311 2,451 3,064 3,676 E 311 2,451 3,064 3,676 E 308 2,438 3,047 3,656 E 308 2,438 3,047 3,656 E 298 2,394 2,992 3,590 E 298 2,394 2,992 3,590 E 259 2,222 2,778 3,333 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WAREHOUSE MGR. SENIOR COURT CLERK DATA ENTRY CLERK POLICE RECORDS MGR PAYROLL CLERK POLICE SECRETARY ACCOUNTING CLERK ADMINISTRATIVE SECRETARY SR. UTILITY CLERK PERSONNEL CLERK DEPUTY COURT CLERK C 56 245 1,830 2,287 2,744 C 55 216 1,690 2,112 2,535 C 54 191 1,569 1,962 2,354 C 54 191 1,569 1,962 2,354 C 54 191 1,569 1,962 2,354 C 54 191 1,569 1,962 2,354 C 53 191 1,569 1,962 2,354 C 53 160 1,420 1,775 2,130 C 53 160 1,420 1,775 2,130 C 53 160 1,420 1,775 2,130 C 52 143 1,338 1,673 2,007 C 52 143 1,338 1,673 2,007 C 52 143 1,338 1,673 2,007 C 51 119 1,223 1,528 1,834 C 51 119 1,223 1,528 1,834 C 51 119 1,223 1,528 1,834 PERMIT CLERK UTILITY CLERK CASHIER MAIL CLERK RECEPTIONIST LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM CONSTRUCTION INSPECTOR WARRANT OFFICER/BAILIFF L 58 296 2,270 2,837 3,404 L 58 296 2,270 2,837 3,404 L 57 269 2,087 2,609 3,130 L 57 269 2,087 2,609 3,130 L 56 245 1,969 2,461 2,953 L 56 245 1,969 2,461 2,953 L 56 245 1,969 2,461 2,953 L 56 245 1,969 2,461 2,953 L 56 245 1,969 2,461 2,953 L 55 216 1,825 2,282 2,738 L 55 216 1,825 2,282 2,738 L 55 216 1,825 2,282 2,738 L 55 216 1,825 2,282 2,738 L 55 216 1,825 2,282 2,738 L 55 216 1,825 2,282 2,738 L 54 191 1,702 2,127 2,553 L 54 191 1,702 2,127 2,553 L 54 191 1,702 2,127 2,553 L 54 191 1,702 2,127 2,553 L 54 191 1,702 2,127 2,553 L 54 191 1,702 2,127 2,553 L 53 160 1,494 1,800 2,106 L 53 160 1,494 1,800 2,106 L 53 160 1,494 1,800 2,106 L 53 160 1,494 1,800 2,106 L 52 143 1,465 1,831 2,198 L 52 143 1,465 1,831 2,198 L 52 143 1,465 1,831 2,198 L 52 143 1,465 1,831 2,198 L 51 119 1,347 1,683 2,020 LEAD MECHANIC UTILITY SUPERVISOR COMM TECH/ELECT. TRAFFIC SUPERVISOR BUILDING INSPECTOR TRAFFIC TECHNICIAN ENGINEERING TECH WELDER MECHANIC II GARDNER III IRRIGATION TECHNICIAN PEST CONTROL OFFICER HORTICULTURIST ANIMAL CONTROL OFFICER MAINT. TECH II DISPATCHER BUILDING TECHNICIAN SANITATION CREW LEADER SIGN MAKER ENVIRONMENTAL INSPECTOR MAINT. ASSISTANT MECHANIC I DRIVER III WAREHOUSE ASSISTANT DRIVER II GARDENER II IRRIGATION INSPECTOR DRIVER I SIGN/STREET PAINTER GARDENER I SANITATION HELPER CUSTODIAN L 51 119 1,347 1,683 2,020 L 50 99 1,248 1,560 1,872 L 50 99 1,248 1,560 1,872 L 50 99 1,248 1,560 1,872 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT POLICE OFFICER 2,979 3,136 3,301 2,347 2,471 2,601 2,738 2,882 FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN EMS COORDINATOR DRIVER/ENGINEER DRIVER II FIRE INSPECTOR FIREFIGHTER PARAMEDIC EMT 3,447 3,628 3,073 3,235 3,176 2,926 2,787 2,483 2,613 2,750 2,895 2,161 2,275 2,395 2,521 $100.00 per month assignment pay $ 25.00 per month assignment pay 2,654 PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM TO BE DETERMINED BY PERSONNEL DIRECTOR/RISK MANAGER PAY PLAN ADMINISTRATION (a) Non-uniformed Pay Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit based on performance. Merit employees will receive an increase on October 1 based on their most recent performance appraisal. Employees with a performance appraisal score of "7" or above will receive a 2% of mid-point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsi- deration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Effective October 1, 1987, Paramedic-Lieutenant, Paramedic, and EMT positions in the Fire Department are no longer specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic ....................... $100.00 per month EMT ............................. $ 25.00 per month The assignment pay will be in addition to the pay allocated for the rank at time of assignment. If, for example, a Firefighter receives training and is assigned as a paramedic, his/her pay would be that of a Firefighter plus $100.00 a month assignment pay. If a Driver/Engineer is assigned to be a Paramedic Lieutenant, he/she will receive the Driver/ Engineer pay and $200.00 a month assignment pay. Subsequently, if a Paramedic Lieutenant decides, for some reason, he/she wishes to discontinue the assignment he/she will then revert back to previous rank and the assignment pay will be discontinued. The same is true if the reassignment is made with cause and/or in the best interest of the department. However, persons holding the rank of Paramedic Lieutenant or Paramedic prior to October 1, 1987 and are removed from their assignment, will be allowed to test for the Driver/Engineer rank; if he/she does not pass the test, he/she will be reclassified to the rank held previous to assignment as a Paramedic or Paramedic Lieutenant. WORK EXPERIENCE PERIOD. The work experience period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a work experience period or prevents any department head or supervisor from delaying pay increases or not giving pay increases for just and compelling reasons. DIFFERENTIAL INCENTIVE PAY Police Officers and Lieutenants working evening shift will receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift will receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed personnel in the Fire Department shall receive incentive pay for education in fire protection technology. This plan does not include the rank of Section Chief or higher. 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree or 60 hours 5. Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month $20.00 per month $30.00 per month $40.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Fire Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond basic should carry the following incentive pay: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's Degree $75.00 per month No Fire Department personnel shall receive more than $100.00 per month of incentive pay. (b) Uniformed personnel in the Police Department with the rank of Patrol Officer are eligible for educational incentive pay as follows: 1. Associate Degree or 60 hrs.undergraduate work $25.00 per month 2. Bachelor's Degree $50.00 per month Uniformed personnel in the Police Department with the rank of Lieutenant are eligible for educational incentive pay as follows: 1. Bachelor's DegreeS25.00 per month In addition to the above, officers of the Police Department with the rank of Patrol Officer or Lieutenant are eligible for a certification pay incentive according to the TCLEOSE certification held by that officer: 1. Intermediate Certificate $25.00 per month 2. Advanced Certificate $50.00 per month No Police Department personnel shall receive more than $100.00 per month of incentive pay. MASTER POLICE OFFICER. The Master Police Officer designation is hereby established for any Police Officers attaining the qualifications set by the Department. The designation would carry a fifty dollar ($50.00) per month increase in salary. The qualifications for this designation are as follows: a. Must have been five (5) years with the Department, or two (2) years with the Department and have an Advanced Certificate; b. Must maintain an average of six (6) on his/her performance evaluations fo~ the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer assignment, the officer must successfully complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation School. If upon attaining the designation of Master Police Officer the officer fails to maintain the above standards, the Chief of Police may reassign the officer to Patrol Officer status, until the officer again meets the standards listed above. EXCESS OF FORTY (40) HOURS. Ail employees, excluding uniformed fire personnel, who are not listed as exempt from overtime under Administrative Order PRS-4 shall receive pay at the rate of one and one half (1 1/2) times of base pay for all hours worked over forty (40) hours per week. Holidays and vacation time will count as work days for the purpose of this section. Sick leave will not count as a work day for the purpose of this section. 10. 11. 12. 13. APPLICATION OF PAY PLAN. applies only to regular overtime provisions. The pay plan, as full-time employees outlined above, except for the APPROVAL OF CHANGES IN CLASSIFICATION. The City Manager shall have authority to approve all changes in classification, however, the number of classification changes subject to his approval shall not exceed 10% of total employees during the fiscal year. PLAN INTO EFFECT. This amended ordinance is effective 10/1/92. INTERPRETATION. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the City Council with fifteen (15) days notice. PASSED AND APPROVED this the 1st day of September, 1992. ATTEST: CITY SECRETARY ORDINANCE NO. 9 2 / 31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE 91/1 TO AUTHORIZE ASSIGNMENT OF ALL THE RIGHTS AND OBLIGATIONS OF THE HOUSEHOLD RECYCLABLE MATERIAL COLLECTION SERVICES CONTRACT TO LAIDLAW WASTE SYSTEMS, INC.; PROVIDING THAT ASSIGNEE AGREE TO ALL THE TERMSAND CONDITIONS OF ORDINANCE 91/1 AS AMENDED HEREBY; REQUIRING APPROVALAND ACCEPTANCE BY LAIDLAW WASTE SYSTEMS, INC. WITHIN 30 DAYS AFTER PASSAGE; APPROVING A FORM OF CONTRACT FOR EXECUTION BY THE MAYOR ON BEHALF OF THE CITY TO APPROVE THE ASSIGNMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CMC Recycling ("CMC") was, by Ordinance No. 91/1, heretofore granted a franchise for the use of public property of the City for the purpose of furnishing to the public household recyclable material collection services; and WHEREAS, CMC had advised the city that it desires to assign its rights under such franchise to Laidlaw Waste Systems, Inc. ("Assignee"); and WHEREAS, the City Council has conducted a public meeting concerning the approval of such assignment of the franchise and has determined to approve such assignment to Laidlaw upon the terms and conditions required by the Home Rule Charter, Ordinance No. 91/1, this Ordinance, and a Contract of Assignment to be entered into between the City, CMC and Laidlaw; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby granted to Laidlaw Waste Systems, Inc. the franchise or right to use the public property of the city of University Park under the same terms and conditions granted to CMC in Ordinance No. 91/1, adopted on March 5, 1991. SECTION 2. To carry out the franchise herein granted, the Mayor is authorized and directed to execute, on behalf of the City of University Park, a Contract of Assignment of the Household Recyclable Material Collection Services Contract approved by Ordinance No. 91/1. A true copy of the Contract of Assignment is attached to this Ordinance as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein and made a part of the franchise. SECTION 3. That the Assignee of the franchise is bound by all the terms and provisions of the Home Rule City Charter, the University Park City Code, the terms and conditions of this Ordinance and Ordinance 91/1 and the terms and conditions of Exhibit "A". SECTION 4. with the approval The franchise shall not be transferrable except of the City Council expressed by Ordinance amending this Ordinance and Ordinance 91/1, provided that the Assignee of the franchise is authorized to pledge the franchise granted herein as security for a valid debt. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 6. This Ordinance and the Contract of Assignment approved herein shall become effective 30 days after the passage hereof and the acceptance hereof by Assignee of the franchise, all as provided in Section 12.01 of the Home Rule City Charter of the City of University Park. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of October , 1992. APPROVED: YOR / ATTEST: CITY SECRETARY /f' A-~ROVED AS TO F~RM: CITY ATTORNEY RLD/bk 09/23/92 ACCEPTED: LAIDLAW WASTE SYSTEMS, INC. ASSIGNEE PRESIDENT / ~- ~~ Date: dD~a~_ z~.; $~_ AGGO3OAC ORDINANCE NO . 92 / 32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 20, BLOCK 10, OF THE CARUTH HITW~ ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 3004 HANOVER, TO PERMIT KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THEREPEALOF ATJ. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DO~J~%RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 20, Block 10, of the Caruth Hills Addition to the City of University Park, more commonly known as 3004 Hanover, to permit kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION 2. That the granting of this zoning amendment is subject to the special condition that the property owners execute and deliver to the City a covenant running with the land that prohibits the use of the accessory building for lease/barter exchange. SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance bye, the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole; SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED by the City Council of the City of University Park, Texas on the 2nd day of November , 1992. APPROVED: ATTEST : CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/bk 10-23-92) ORDINANCE NO. 9 2 / 3 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED SO AS TO GRANT SINGLE FAMILY ATTACHED (SF-A) ZONING DISTRICT USES TO THE PROPERTY DESCRIBED AS LOT 10, BLOCK 2, UNIVERSITY PARK ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 3409 HAYNIE; PROVIDING A SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOT.TJ~S ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all person interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the zoning district map to grant Single Family Attached (SF-A) district uses to the property described as Lot 10, Block 2, University Park Addition, an addition to the City of University Park, Dallas County, Texas, more commonly known as 3409 Haynie. SECTION 2. That the granting of this zoning change is subject to the condition that the owner, also the owner of Lot 9 to the West, execute a written instrument recordable in the Real Property Records of Dallas County, Texas, in favor of the City of University Park, Texas, releasable only by the city Council of the City of University Park, and restricting Lot 9 to single family detached uses only. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of November , 1992. APPROVED: DULY RECORDED ~---~PPROVED AS TO FORM: CITY ATTORNEY CITY SECRETARY (RLD/bk 10-28-92) ORDINANCE NO. 92/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NUMBER 91-43 TO PERMIT SEVEN ADDITIONAL SIGNS ON THE OUTFIELD FENCING OF THE HIGHLAND PARK HIGH SCHOOL BASEBALL FIELD AT 7015 WESTCHESTER; SUBJECT TO THE SPECIAL CONDITION THAT A MASONRY WALL BE CONSTRUCTED ALONG THE LOVERS LANE SIDE OF THE BASEBALL FIELD PRIOR TO ADDITION OF THE SIGNS; PROVIDING FOR THE REPEAL OF ALL ORDINANCE IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOL~%RS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council granted a special sign district for the Highland Park High School baseball field in Ordinance Number 91/43; and WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for an amendment to the special sign district and has recommended to the City Council the adoption of such amendment with conditions; and WHEREAS, the provisions of the sign ordinance have been complied with, the City Council has provided notice and a public hearing with regard to such request and recommendation, and is of the opinion and finds that such special sign district should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request by Highland Park Independent School District to add additional signs on the outfield fencing of the baseball field at Highland Park High School as part of an overall graphics program. That such request was accompanied by a plan which provided such details and specifications as were required by the Committee and in the opinion of the Committee, such graphics program as amended will result in the signage appearance of the area being beneficial to the public health, safety and general welfare and in the interest of the City of University Park. That the Committee has recommended to the City Council that the special sign district be amended, permitting seven additional signs on the outfield fencing with the condition that a brick fence be constructed along the Lovers Lane side of the baseball field in accordance with the requirements of Ordinance No. 92/34 and that all of the items required in the Planned Development District Number 17 be completed in accordance with the site plan approved in connection therewith. SECTION 2. That after notice and public hearing, the City Council has determined that such amendment to the special sign district is in the best interest of the public health, safety and general welfare of the City and should be granted subject to such condition. Section 2, Subsection General 1, of Ordinance 91-43 is amended to permit the number of signs on the fence to be limited to 20. That Section 2, Subsection Fencing 5, of Ordinance 91-43 be amended to provide that when the existing fence along Lovers Lane is reconstructed, the fence shall be constructed of masonry or bricks in the style matching the administration building on the corner of Lovers Lane and Westchester. That such fence not exceed seven feet in height. That the fence be placed on the inside edge of the existing sidewalk. That except as modified by this ordinance, all the requirements of the special sign district set out in Ordinance Number 91-43 shall apply. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 18th day of November, 1992. APPROVED: ATTEST: CITY SECRETARY CITY ATTORNEY (RLD/bk 11-2-92) ORDINANCE NO. 92/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO ADOPT A REVISED CONCEPTUAL SITE PLAN FOR PLANNED DEVELOPMENT DISTRICTNUMBER17; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSANDDOLLARS ($2,000.00) FOR EACHOFFENSE; AND PROVIDINGAN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite nOtices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by adopting a revised conceptual site plan for Planned Development District Number 17, heretofore granted by Ordinance Number 91-28 for Highland Park High School, on the property described as Blocks 1 and 2, of the Oxford Manor Addition, an addition to the City of University Park, Dallas County, Texas, recorded in Volume 4, page 289, of the Map Records of Dallas County, Texas, and Lots 1-9, Block 9, of the Methodist University Addition, recorded in Volume 1, page 342, of the Map Records of Dallas County, Texas, and the parcel of land bounded by Grassmere Street to the North, Westchester Drive to the East, the North edge of Block 9 of the Methodist University Addition to the South, and Douglas Avenue to the West, referred to as Abstract 1145, recorded in Volume 5, page 153 of the Map Records of Dallas County, Texas, and more commonly known as 4220 Emerson and 7015 Westchester. SECTION 2. That the revised conceptual site plan setting forth the land uses proposed for the property is attached heretofore as Exhibit "A" and made a part hereof for all purposes the same as if fully copied herein. That such conceptual site plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. That prior to the issuance of a building permit for this Planned Development District, a detailed site plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinance of the city of University Park. That the revised conceptual site plan is subject to the special condition that the portable buildings depicted on the site plan will be removed by the property owner within the time provided by the Comprehensive Zoning Ordinance, as heretofore amended. That the revised conceptual site plan is subject to the further conditions that a seven-foot brick fence be constructed along the Lovers Lane side of the baseball park, that such brick fence be constructed in accordance with engineering plans to be submitted to and approved by the city Council or its representatives, and that such brick fence be constructed prior to any permit being granted for the addition of permanent bleachers or modifications to the bullpens or lighting. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance, be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any subdivision, clause, phrase or section adjudged or held to be unconstitutional, sentence, paragraph, of this ordinance be illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 18th day of November , 1992. APPROVED: DULY RECORDED: CITY SECRETARY ~_-AR~ROVED AS TO FORM~ /-~ CITY A~I'ORI~Y (RLD/bk 10-28-92) AGG03381 ORDINANCE NO. 92/36 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 92/28 TO CARRY FORWARD GENERAL FUND ENCUMBRANCE BALANCES TOTALING $1,543,388 AND UTILITY FUND ENCUMBRANCE BALANCES TOTALING $1,496,321; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, funds were appropriated for various projects in the General fund and the Utility Fund in the 1991-92 budget of the City; and WHEREAS, such funds were encumbered by appropriate action authorizing contractual obligations which were not completed or paid during the 1991-92 fiscal year; and WHEREAS, it is necessary to carry forward such encumbrances to the 1992-93 budget by amendment of the current fiscal year budget ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. That Ordinance No. 92-28, the 1992-93 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended by carrying forward, from the 1991-92 budget, encumbrances in the General Fund totalling $1,534,388 and in the Utility Fund totaling $1,496,321. Such encumbrances are those projects for which funds were appropriated in the 1991-92 budget, but which were not completed during the fiscal year 1991-92 and for which such funds should be carried forward to the 1992-93 budget year. A list of all such encumbrances approved hereby for carrying forward to the current fiscal year budget is attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 2. All ordinances in conflict with the provisions of this ordinance are hereby repealed, and all provisions of ordinances not in conflict with the provisions hereof shall remain in full force and effect. Section 3. This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of November 1992. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY Attachment 1 (Page 1 of 4) GENERAL FUND EXECUTIVE: OFFICE EQUIPMENT MICRO EQUIPMENT TOTAL EXECUTIVE FINANCE: PROFESSIONAL SERVICES PRINTING HPISD TAX SERVICE- OFFICE EQUIPMENT MID RANGE EQUIPMENT MICRO COMPUTER EQUIPMENT MID RANGE COMPUTER EQUIPMENT OFFICE FURNITURE TOTAL FINANCE LEGAL: PROFESSIONAL SERVICES PROGRAMMING/MAINTAINCE PRINTING EQUIP REPAIRS/NON VEHICLE TUITION & TRAINING MINI COMPUTER EQUIPMENT MINICOMPUTER PROGRAMMING TOTAL LEGAL ENGINEERING: PROFESSIONAL SERVICES OFFICE FURNITURE TOTAL ENGINEERING TRAFFIC: TRAFFIC MATERIALS TELEPHONE SERVICE RADIO SERVICE SIGN, SIGNAL MAINT & REPAIR EQUIPMENT RENTAL HAZARDOUS WASTE SERVICE TRAFFIC TEST EQUIPMEMT TRAFFIC SIGNAL INSTALLATION TRAFFIC EQUIPMENT TOTAL TRAFFIC GARAGE: GARAGE EQUIPMENT TOTAL GARAGE CITY OF UNIVERSITY PAl ENCUMBRANCES 9-30-92 $3,743 6,600 6,000 1,000 22,716 1,5O0 15,000 1,214 10,500 3OO 5,000 2,680 5O0 1,000 500 1,890 7,370 3,175 1,603 7,723 13,000 1,000 8,OO0 8OO 98O 1,82O 53,520 715 1,990 $10,343 58,230 18,940 4,778 87,558 1,990 Exhibit A Attachment 1 (Page 2 of 4) FACILITY MAINTENANCE: CONTRACT MAINTENANCE _ FACILITY MAINTENANCE & REPAIR HAZARDOUS WASTE SERVICE OFFICE EQUIPMENT REMODELING PROJECTS FUEL STORAGE TANKS TOTAL FACILITY MAINTENANCE FIRE: CLOTHING ALLOWANCE PROTECTIVE CLOTHING & SUPPLIES RADIO EQUIPMENT HVAC EQUIPMENT FIRE FIGHTING EQUIPMENT-LIGHT TOTAL FIRE POLICE: PROGRAMING/MAINTENCE COMPUTER SERVICES AUTO REPAIRS MICRO COMPUTER EQUIPMENT MID RANGE COMPUTER PROGRAMS TOTAL POLICE SANITATION: REGULAR EARNINGS OVERTIME LANDFILL AUTO REPAIRS EQUIP REPAIRS/NON VEHICLE CAPITAL EQUIPMENT REPLACEMENT HEAVY DUTY TRUCKS TOTAL SANITATION PARKS: FERTILIZER, CHEMICALS & SUPP PARK FACILITY REPAIR PARK EQUIPMENT REPAIR RADIO SERVICE FLOWERS, TREES & SHRUBS PARK IMPROVEMENTS TOTAL PARKS SWIMMING POOL: SWIMMING POOL REPAIRS SWIMMING POOL EXPENSE TOTAL SWIMMING POOL 230,000 10,500 4,280 127 58,200 73,492 900 3,240 4,694 5,000 15,864 9,256 4,0O0 394 3,681 24,661 10,000 8,500 75,521 12,000 5,000 57,411 2,000 5,000 75,326 3,500 5OO 6,932 34,940 21,800 115 Exhibit A 376,599 29,698 41,992 170,432 126,198 21,915 Attachment 1 (Page 3 of 4) STREETS: AUTO REPAIRS RADIO SERVICE - STREET REPAIR MATERIAL REPAVING OUTSIDE CONTRACTOR TOLLWAY WALL DESIGN CAPITAL EQUIPMENT REPLACEMENT RADIO EQUIPMENT CURB AND GUTTER ALLEY REPLACEMENT PROGRAM BUILDING IMPROVEMENTS TOTAL STREETS TOTAL GENERALFUND 217 950 2,639 332,015 1,434 85,000 595 30,O00 123,365 9,500 585,715 Exhibit A Attachment 1 (Page 4 of 4) Exhibit A UTILITY FUND UTILITY OFFICE: PRINTING EQUIP REPAIRS/NONVEHICLE TUITION & TRAINING MID RANGE COMPUTER EQUIPMENT MID RANGE COMPUTER PROGRAMMI TOTAL UTILITY OFFICE WATER SERVICE: BACKFILL MATERIALS FACILITY MAINTENANCE & REPAIR WATER MAIN MAINTENANCE FIRE HYDR/LIN INST. MICRO COMPUTER EQUIPMENT WATER SERVICE EQUIP GENERATOR LIGHT DUTY TRUCKS LINE REPLACEMENT PROJECT OFFICE FURNITURE METERS/BOXES CROSS TOWN MAIN TOTAL WATER SERVICE WASTEWATER: BACKFILL MATERIAL PROFESSIONAL SERVICES SEWER MAIN MAINTENANCE TUITION & TRAINING LINE REPLACEMENT PROGRAM HEAVY STREET EQUIPMENT OFFICE FURNITURE TOTAL WASTEWATER TOTAL UTILITY FUND $6,4O0 3,800 90 1,200 2,000 18,000 315,188 112,661 42,OOO 1,316 33,000 4,200 65,660 277,391 1,000 38,800 111 8,000 89,000 8,000 2,4O0 426,168 38,948 988 $13,490 909,327 573,504 ORDINANCE NO. 92 / 37 AN ORDINANCE OF THE CITY OF UNI~ITY PARK, TEXAS, AMENDING TH~ CO~PREfIENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT TO CONSTRUCT A PRIVATE TENNIS COURT, LIGHTING, AND A FENCE ON THE PROPERTY DESCRIBED AS LOT 5, BLOCK 7, IN THE UNIVERSITY PARK ESTATES ADDITION, MORE COMMONLY KNOWN AS 6700 HUNTERS GLEN; PROVIDING SPECIAL CONDITIONS, PROVIDING FOR THE REPEAL OF AIJ. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLI~RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the city of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the city Council of the city of University Park is of the opinion and finds that a zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the zoning map of the City of University Park so as to grant a specific use permit for a private tennis court, lighting and a fence in the rear yard of the property described as Lot 5, Block 7, in the University Park Estates Addition, an addition to the City of University Park, Dallas County, Texas, and known as 6700 Hunters Glen, in University Park, Texas. SECTION 2. That the granting of this zoning classification is subject to the site plan submitted with the application and the following special conditions: A. The lighting for the tennis court shall be down cast "ELSCO-EVR-3" or better; B. The final detailed site plan for the tennis court, lighting and fence shall be approved by the Building Department; and, C. The property owner shall not be permitted to use the tennis court lights after 10:30 p.m. daily. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provision of this ordinance or the Comprehensive Zoning Ordinance· as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas· shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars for each offense; and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption· as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of December · 1992. APPROVED. - ATTEST-. CITY SECRETARY CITY ATTORNEY (RLD/bk 12-01-92) ORDINANCE NO. 92/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THECITY OF UNIVERSITY PARK, AS HERETOFOREAMENDED, SO ASTOGRANTA SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 3, BLOCK 4, IN THE PRESTON PLACE NUMBER THREE (3) ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 4211 SHENANDOAH, TO GRANT A SPECIAL USE PERMIT FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THE REPEALOF ATW. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSANDDOTwm~RS ($2,000.00) FOR EACHOFFENSE;ANDPROVIDINGAN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 3, Block 4, of the Preston Place Number Three (3) Addition to the City of University Park, more commonly known as 4211 Shenandoah, for kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION 2. That the granting of this zoning amendment is subject to the special condition that the property owners execute and deliver to the City a covenant running with the land that prohibits the use of the accessory building for lease/barter exchange. SECTION 3. That all provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED by the City Council of the City of University Park, Texas on the 16th day of December 1992. APPROVED ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/bk 12-01-92) ORDINANCE NO. 92/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVEZONING ORDINANCE OF THECITYOFUNIVERSITYPARK, AS HERETOFOREAMENDED, SO ASTOGRANTA SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED ASLOT16, BLOCK12, IN THETROTH'S SUBDIVISION, A PART OF UNIVERSITY PARK ESTATES ADDITION TO THE CITY OF UNIVERSITY PARK, MORE COMMONLY KNOWN AS 4015 DRUID, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE PROPOSED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOTJ~%RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park, so as to grant a Specific Use Permit for the property described as Lot 16, Block 12, in the Troth's Subdivision, a part of University Park Estates Addition to the City of University Park, more commonly known as 4015 Druid, for kitchen, cooking, and food preparation facilities in the proposed accessory structure. SECTION 2. That the granting of this zoning amendment is subject to the special condition that the property owners execute and deliver to the City a covenant running with the land that prohibits the use of the accessory building for lease/barter exchange. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of University Park not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. DULY PASSED by the City Council of the City of University Park, Texas on the 16th day of December , 1992. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (l~T.D/bk 12-01-92)