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Book 13 01/15/93 - 12/06/94
ORDINANCES BOOK 13 -A- AMEND 1992-93 BUDGET, CAPITAL PROJECTS ANIMAL CONTROL AUTOMATIC FIRE EXTINGUISHER SYSTEMS, BASEMENTS AWNINGS, PROJECTING 93/1 94/18 93/2 94/17 1/5/93 4/5/94 1/5/93 4/5/94 -B- BALTIMORE, 6801 - SUP, TENNIS CT, LTNG, FENCE BFI, RECYCLIING PROGRAM BINKLEY, 3637 - SUP, FOOD PREP FACILITY BINKLEY AVE R-O-W, HPISD/UP BONDS, GENERAL OBLIGATION REFUNDING,SERIES 1993 BUDGET AMEND, FUNDS FOR CAPITAL PROJECTS BUDGET, ADOPT FY 1993/94 BUDGET, ADOPT FY 1994/95 93/7 94/37 94/2 93/15 93/11 93/1 93/26 94/31 BUDGET, GENERAL FUND UNRESERVED FUND BALANCE TO GENERAL FUND OPERATING BUDGET (YARD WASTE PROGRAM) 94/23 BUILDING CODE, AMEND UNIFORM BUILDING CODE 93/3 BUILDING SETBACK, FRONT YARD 93/23 4/6/93 10/4/94 3/1/94 6/1/93 5/4/93 1/5/93 9/7/93 9/14/94 6/7/94 2/2/93 8/3/93 -C- CABLE TV, FRANCHISE 90 DAY EXTENSION 94/19 CABLE TV, FRANCHISE 90 DAY EXTENSION - OCT 18, 1994 94/25 CABLE TV, FRANCHISE 90 DAY EXTENSION FRM OCT 18, 1994 94/36 CAPITAL PROJECTS FUND, TRNSFR FRM GENL/UTILITY FUNDS 93/31 CENTENARY, 3833 - SUP FOOD PREPARATION,ACCESSORY BLDG. 93/35 CENTRAL EXPWY, SMU/UP LAND EXCHANGE/ABANDON 93/24 CHRISTMAS TREES(SELL),4300 LOVERS LANE CHRISTMAS TREE LOTS CHRISTMAS TREE LOTS CONSTRUCTION FENCES CONSTRUCTION SIGNS 93/36 94/15 94/16 94/17 94/20 4/20/94 7/20/94 10/4/94 9/7/93 11/2/93 8/3/93 11/2/93 4/5/94 4/5/94 4/5/94 5/3/94 -D- DIR OF PUBLIC WORKS(TRAFFIC SIGNS,DEVICES/MARKINGS) DRANE DRIVE, NO PARKING DYER, 3017 & 3021 - SMU, SPECIAL PROVISIONS DRUID, 3925 - SUP, TENNIS CT, LTNG, FENCE DRUID, REMOVE TWO-HOUR PARKING DRUID, 3925 - SUP, RELOCATE TENNIS COURT/FENCE DRUID, 4437 - SUP, FOOD PREP DETACHED STRUCTURE 93/5 93/12 93/10 93/8 94/1 94/3 94/6 3~2~93 5~4/93 4/21/93 4~6~93 2/1/94 3/1/94 4~5/94 -E- ELECTRIC, TEXAS UTILITIES (DENY RATE INCREASE) EMPLOYEE SALARY, FY 1994/95 ENCUMBRANCES, GENERAL/UTILITY FUNDS 93/13 94/34 93/37 5/19/93 9/14/94 11/2/93 -F- FENCE, CONSTRUCTION FIRE SPRINKLER SYSTEMS, BASEMENTS FIREMEN'S RELIEF AND RETIREMENT FUND FRONT YARD SETBACK FRONT YARD REGULATIONS 94/17 93/2 93/29 93/23 94/8 4/5/94 1/5/93 9/7/93 8/3/93 4/5/94 -G- GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993 GENERAL FUND ENCUMBRANCES, CARRY FORWARD GRASSMERE, 4033 - SUP, TENNIS CT, LTNG, FENCE GREENBRIER, 3812 (SUP) GRASS CLIPPINGS, LEAVES, TREE TRIMMINGS GRILLS, BARBECUE PITS, OPEN FLAMES(MULTIPLE FAMILY) 93/11 94/39 93/6 93/25 94/22 94/28 5/4/93 11/1/94 4/6/93 8/18/93 6/7/94 8/2/94 -H- HAIR SALON, MASSAGE THERAPY HILLCREST, PARKING, (MERCHANTS) HILLCREST, PARKING, (MERCHANTS) HILLCREST, PARKING, (MERCHANTS) H.P.I.S.D. - UNIVERSITY PARK ELEMENTARY HPISD, McCULLOCH (PLANNED DEVELOPMENT DISTRICT) HPISD/UP, ABANDON BINKLEY AVE RIGHT-OF-WAY HYER, REMOVE TWO-HOUR PARKING 94/9 93/18 93/19 93/20 93/17 93/22 93/15 94/1 4/5/94 7/6/93 7/6/93 7/6/93 7-6-93 8/3/93 6/1/93 2/1/94 JUNKED VEHICLES -J- 94/14 4/5/94 -L- LEVY TAX FY 1994-95 LICENSE AGREEMENT, 6300 HILLCREST (MERCHANTS) LICENSE AGREEMENT, 6300 HILLCREST (MERCHANTS) LICENSE AGREEMENT, 6300 HILLCREST (MERCHANTS) LOVERS LANE, 4300-PD (120 DAYS), SELL CHRISTMAS TREES LOVERS LANE, 4300-18, OUTSIDE SALE/STRG PLANTS LONE STAR GAS, FRANCHISE AGREEMENT 94/32 93/18 93/19 93/20 93/36 94/7 93/34 9/14/94 7/6/93 7/6/93 7/6/93 11/2/93 4/5/94 12/7/93 -M- MAINTENANCE AGRMNT, N CENTRL EXPWY, TX DEPT TRANS MARQUETTE, 4005, SPECIFICE USE PERMIT MARSHAL, CITY (CREATING THE OFFICE) MASSAGE THERAPY, HAIR SALON McCULLOCH MIDDLE SCHOOL, PLANNED DEVELOPMENT DISTRICT McCULLOCH MIDDLE SCHOOL, QUITCLAIM DEED (ROW) MILTON, 3200 & 3300 BLOCKS, NO PARKING MILTON, 3200 BLOCK, TWO HOUR PARKING MUNICIPAL COURT, FINANCE DIRECTOR AS ADMINISTRATOR 94/27 93/33 94/29 94/9 93/22 93/15 94/13 94/24 94/29 8/2/94 10/5/93 8/2/94 4/5/94 8/3/93 6/1/93 4/5/94 6/7/94 8/2/94 -N- CENTRAL EXPWY, TX DEPT OF TRANS, MAINTENANCE AGRMENT 94/27 NO PARKING, DRANE DRIVE, WEST SIDE OF WESTCHESTER 93/12 e/2/94 5~4/93 OPEN FLAME, APARTMENT OR CONDOS -0- 94/28 8~2/94 -p- PARK CITIES PLAZA, SPECIAL SIGN DISTRICT PARKING,HILLCREST (MERCHANTS ENFORCE) PARKING, HILLCREST (MERCHANTS ENFORCE) PARKING, HILLCREST (MERCHANTS ENFORCE) PARKING,REMOVE TWO HR, DRUID & HYER PARK OR PLAYGROUND IN RESIDENTIAL ZONING PAY SCALE, EMPLOYEES PAY SCALE, EMPLOYEES 1994-95 PD, 4300 LOVERS LANE, SELL CHRISTMAS TREES 120 DAYS PLANNED DEVELOPMENT - UNIVERSITY PARK ELEMENTARY PLANT SALE, 4300-18 LOVERS LANE POTOMAC, 2900 BLK - ONE-WAY TRAFFIC PUBLIC PROPERTY, SALE OF GOODS ON PROPERTY EXCHANGE/ABANDON, SMU (CENTRAL EXPWY 94/11 93/18 93/19 93/20 94/1 94/4 93/28 94/33 93/36 93-17 94/7 94/35 94/12 93/24 4/5/94 7/6/93 7/6/93 7/6/93 2/1/94 3/1/94 10/7/93 9/14/94 11/2/93 7-6-93 4/5/94 10/4/94 4/5/94 8/3/93 -Q- QUITCLAIM DEED, HPISD, McCULLOCH MIDDLE SCHOOL (ROW) 93/15 6/1/93 -R- RECYCLING PROGRAM, BFI R-O-W, ROLAND AVE, TEXAS TURNPIKE AUTHORITY ROLAND AVE R-O-W, TEXAS TURNPIKE AUTHORITY 94/37 94/26 94/26 10/4/94 8~2/94 8/2/94 -S- SALARY, FY 1993/94 SALARY, FY 1994/95 SALE OF GOODS, PUBLIC PROPERTY, SPECIAL PERMIT SAMMONS COMMUNICATIONS, INC, FRANCHISE EXTENSION SERVICE CREDITS, UPDATE (TMRS) SETBACK, FRONT YARD BUILDING SIDEWALKS SIGNS ON MARQUEES, PROJECTING OVERHANGS/AWNINGS SIGNS, CONSTRUCTION SMU, SPECIAL SIGN DISTRICT SMU, LAND EXCHANGE/ABANDON (CENTRAL EXPWY PROJECT) SMU, 3017 & 3021 DYER, SPECIAL PROVISION SMU BOULEVARD FROM YALE BLVD SMU BOULEVARD, NO PARKING NORTH SIDE SMU, SPECIAL SIGN DISTRICT, SCOREBOARD SOUTHWESTERN, 3124 - SUP SPECIAL SIGN DISTRICT, SMU SPECIAL SIGN DISTRICT, SMU, SCOREBOARD SPECIAL SIGN DISTRICT, PARK CITIES PLAZA SPECIFIC USE PERMIT, 3812 GREENBRIER STAIRS, TWO INTERIOR EXIT SUP, 4033 GRASSMERE, TENNIS CT,LTNG,FENCE SUP, 6801 BALTIMORE, TENNIS CT,LTNG,FENCE SUP, 3925 DRUID, TENNIS CT,LTNG,FENCE SUP, 4005 MARQUETTE SUP, 3833 CENTENARY, FOOD PREPARATION SUP, 3637 BINKLEY SUP, 3925 DRUID, RELOCATE TENNIS CT/FENCE SUP, 3124 SOUTHWESTERN, FOOD PREPARATION SUP, 4437 DRUID, FOOD PREP DETACHED STRUCTURE SWIMMING POOL, REGULATE USE SWIMMING POOL, AMEND ORD 93/14, WHO CAN USE 93/28 94/33 94/12 94/25 93/30 93/23 93/21 94/16 94/20 94/10 93/24 93/10 93/4 94/13 94/37 94/5 94/10 94/38 94/11 93/25 93/9 93/6 93/7 93/8 93/33 93/35 94/2 94/3 94/5 94/6 93/14 93/16 9/7/93 9/14/94 4/5/94 7/20/94 9/7/93 8/3/93 8/13/93 4/5/94 5/3/94 4/5/94 8/3/93 4/21/93 3/2/93 4/5/94 11/1/94 4/5/94 4/5/94 11/1/94 4/5/94 8/18/93 4/6/93 4/6/93 4/6/93 4/6/93 10/5/93 11/2/93 3/1/94 3/1/94 4/5/94 4/5/94 5/19/93 6/16/93 -T- TAX LEVY, 1993 93/27 TAX LEVY, 1994-95 94/32 TELEVISION, CABLE FRANCHISE (EXTENSION) 94/36 TEXAS DEPT OF TRANS (TxDOT),N CENTRAL EXPWY MAINTAIN 94/27 TEXAS MUNICIPAL RETIREMENT SYSTEM, UPDATED SERV CREDIT 93/30 TEXAS MUNICIPAL RETIREMENT SYSTEM, TMRS ACT TEXAS TURNPIKE AUTHORITY, ABANDON R-O-W, ROLAND AVE. TEXAS UTILITIES ELECTRIC CO, DENYING RATE INCREASE TEXAS UTILITIES ELECTRIC CO, RATE SCHEDULE/SERVICE TRAFFIC CONTROL SIGNS, SIGNALS, DEVICES & MARKINGS TRANSFER FUNDS INTO CAPITAL PROJECTS FUND TRANSFER FUNDS FRM 1994,FRM GEN FUND TO CAP PROJECT TREE TRIMMINGS TU ELECTRICE RATE SCHEDULE/SERVICE REGULATIONS TV, CABLE FRANCHISE TWO HOUR PARKING, 3200 BLK OF MILTON 94/21 94/26 93/13 94/30 93/5 93/31 94/34 94/22 94/30 94/19 94/24 9/7/93 9/14/94 10/4/94 8/2/94 9/7/93 5/3/94 8/2/94 5/19/93 9/6/94 3/2/93 9/7/93 9/14/94 6/7/94 9/6/94 4/20/94 6/7/94 -U- UNIVERSITY PARK ELEMENTARY - PD - GYMNASIUM UPDATED SERVICE CREDIT, TMRS UTILITY FUND ENCUMBRANCE BALANCES, CARRY FORWARD 93/17 93/30 94/39 7/6/93 9/7/93 11/1/94 VEHICLES, JUNKED -V- 94/14 4/5/94 -W- WASTEWATER PRETREATMENT, WATER QUALITY WESTCHESTER, NO PARKING 93/32 9/7/93 93/12 5/4/93 -y- YALE BOULEVARD TO SMU BLVD. YARD, FRONT, REGULATIONS YARD WASTE, RECYCLED BAGS YARD WASTE PROGRAM START-UP COSTS 93/4 94/8 94/22 94/23 3/2/93 4/5/94 6/7/94 6/7/94 -Z- ZONING ORD AMEND, TWO INTERIOR EXIT STAIRWAYS 93/9 ZONING ORD AMEND, SUP, 4005 MARQUETTE 93/33 ZONING ORD AMEND, PARK/PLAYGROUND IN RESIDENTIAL AREA 94/4 4/6/93 10/5/93 3/1/94 ORDINANCE NO. 93/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 92/28, THE BUDGET ORDINANCE FOR FISCAL YEAR 1992-93; APPROPRIATING FUNDS FOR CAPITAL PROJECTS; REALLOCATING CAPITAL PROJECT MONIES; AND PROVIDING 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 1992-93; 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 Four Hundred Thousand Dollars ($400,000) 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 to replenish the General Fund Unrestricted Reserve and the Utility Fund Unrestricted Reserve, the City Manager and the Director of Finance be, and they are hereby, authorized and directed to allocate the 1991-92 excess of revenues over expenditures from the General Fund and Utility Fund to such reserves. SECTION 3. That to fund a connecting street and appurtenances for the east/west streets that would otherwise be blocked by construction of the North Central Expressway Wall, the City Manager and Director of Finance be, and they are hereby authorized and directed to transfer a sum of Seven Hundred Thousand Dollars ($700,000) from the General Fund Unrestricted Reserve to the Reserve for the North Central Expressway Wall. SECTION 4. That the City Manager and Director of Finance be, and they are hereby authorized and directed to transfer a sum of One Hundred Thousand Dollars ($100,000) from the General Fund Unrestricted Reserve and One Hundred Thousand Dollars ($100,000) from the Utility Fund Unrestricted Reserve to the Service Center Renovations Project. SECTION 5. That funds left over in Hillcrest Avenue Project in the Capital Project Fund will be reallocated for cabling to complete the Traffic Signal Project in the sum of Forty-Eight Thousand Eight Hundred Dollars ($48,800). That the following amounts from closed projects: Pavement Management System, Five Hundred Dollars ($500); Roland Avenue Improvements, Thirteen Thousand Eight Hundred Dollars ($13,800); Cross Town Water Main, Two Hundred and Twenty-Four Thousand ($224,000); Curb and Gutter, One Thousand Five Hundred ($1,500); and Normandy Avenue Water and Sewer Replacement, Twenty-Three Thousand Five Hundred ($23,500) be allocated to a project to renovate and repaint the Northwest Highway water tower and provide for the demolition of the Airline Road water tower. Also, that Six Hundred Thousand Dollars ($600,000) remaining from the Fondren Avenue water tower project be transferred from the Utility Fund to the Service Centers Renovations Project. SECTION 6. 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 5th day of January, 1993. APPROVED: MAYOR DULY RECORDED: CITY SECRETARY ORDINANCE NO. 93/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 5, SECTION 22, "AUTOMATIC FIRE EXTINGUISHING SYSTEMS REQUIREMENT IN OCCUPANCIES BASED ON AREA IN SQUARE FEET"; REQUIRING INSTALTATION OF AN AUTOMATIC FIRE SPRINI~.RR SYSTEM WITHIN A BASEMENT EXCEEDING FIFTEEN HUNDRED SQUARE FEET; 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.TARS ($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 22, of the Code of Ordinances of the City of University Park, be, and the same is hereby, amended by adding subsection G thereto as follows: "G. The operator of premises where a building exists which contains a basement exceeding 1500 square feet, when a building permit is requested for any addition, alteration, or repair to such basement area, shall be required to provide and install an approved automatic fire sprinkler system within such basement." 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 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, the Code of Ordinances, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. 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 provide. DULY PASSED by the City Council of the City of University Park, Texas on the 5th day of January , 1993. APPROVED: MAYOR ATTEST: CITY SECRETARY /OPROVE? AS TO FORM: CITY ATTORNEY (RLO/gh 12-23--92) ORDINANCE NO. 93 / 3 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 1 "BUILDING CODE" TO ADOPT THE UNIFORM BUILDING CODE, 1991 EDITION AND THE UNIFORM BUILDING CODE STANDARDS, 1991 EDITION; PROVIDING VARIANCES FROM THE BUILDING CODE; PROVIDING AMENDMENTS TO THE BUILDING CODE; ESTABLISHING FEES FOR VARIOUS SERVICES; PROVIDING FOR THE REPEAL OF ~T.L ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY AS ESTABLISHED BY CHAPTER 1, SECTION 5 OF THE CODE OF ORDINANCES; 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 1 "Building Code", of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "SECTION 1: BUILDING CODE A. UNIFORM BUILDING CODE ADOPTED The Uniform Building Code, 1991 Edition and the Uniform Building Code Standards, 1991 Edition, are herewith adopted by reference. Three copies of each are to remain on file in the Building Department office. Unless deleted, amended, expanded, or otherwise changed herein, all provisions of such code and standards shall be fully applicable and binding and in full force and effect. Such adoption shall also include Chapters 1, 12, 23 Division IV, 29, 31, 32, 35, 38, 49, 51, 53, 55, 57, and 70 to the appendix of such code. Reference in this Chapter 3, Section 1 to the Uniform Building Code shall mean the Uniform Building Code, 1991 Edition. B. VARIANCES FROM THE BUILDING CODE Any requirements considered necessary for the safety, strength or stability of any existing or proposed building or structure, or for the safety or health of the occupants thereof, which varies from the provisions of the Uniform Building Code, or any amendments, specifications or revisions thereto, shall be determined by the Building official, subject to review by the City Council. C. AMENDMENTS TO THE BUILDING CODE The sections and provisions of the 1991 Uniform Building Code that are changed, added or deleted are as follows: 1. Section 104 (e) shall read as follows: Section 104 (e): Buildings or structures moved within or moved out of the city shall comply with the provisions of Chapter 3, Section 17 of the Code of Ordinances. Buildings to be moved into the city from outside the city limits must be approved by the City Council. 2. Section 301 (a) is amended to read as follows: Section 301 (a) Permits Required: It shall be unlawful for any person, firm, corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code without first obtaining a permit. Section 301 (b) Numbers one (1) through eleven (11) are hereby deleted. 4. Section 303 (d) is amended to read as follows: Section 303 (d) Expiration: Every permit issued by the Building Official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 60 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work commenced for a period of 60 days. For residential construction, all work commenced under a building permit shall be completed within twelve (12) months. Residential shall mean all group R occupancies. All other construction 10,000 square feet or less shall be completed within twelve (12) months. Construction 10,001 square feet and greater, multistory, or construction with basements shall be completed within twenty-four (24) months. Before such work can be recommenced or any additional work done, an new permit shall be first obtained and the fee shall be one half the amount required for the original permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded 60 days. In order to renew action on a permit after expiration, the permittee shall make new application, resubmit plans for review and pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence or complete work under that permit. When he is unable to commence or complete work within the time required by this section for good and satisfactory reasons, the Building Official may extend the time for action or completion by the permittee for a period not exceeding 60 or 180 days respectively upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action or completion of the work. No permit shall be extended more than once. 0 Section 304 (d) Expiration of Plan Review: Is amended to replace the term "180 days" with the term "60 days" in the entire subsection. 6. Table No. 3-A Building Permits and Fees is deleted. Section 308 Building Permits and Fees is hereby added as follows : ae Any person, persons, firm, association, contractor, company, corporation or any other entity desiring to make additions to and/or to erect, construct, repair, remodel, alter, demolish, convert or otherwise change the character and/or configuration of improvements or property shall obtain a permit before work is undertaken. Further, it shall be the responsibility of any person, persons, firm, association, contractor, company, corporation or other entity performing these services, other than the property owner or resident, to obtain this permit except in those cases where the property owner is functioning as his own contractor, in which case, the property owner shall obtain the permit. In any event, it shall be the responsibility of all agencies performing these services to determine if a permit has been obtained for the work under construction before work is begun and said agency shall be held solely liable and responsible and not the property owner if work is started without a permit. be Any person, persons, firm, association, contractor, company, corporation or any other entity to whom a building permit is issued shall, before said permit is issued, make application to the City for such permit, and 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 an appropriate resolution of the City Council. Co For fee calculation purposes, the building area is the total floor area of all stories devoted to human occupancy, including halls, stairways, elevators and other uses, measured to the outside faces of exterior walls and includes: (1). Total area under the roof and enclosed by walls. Excluding garages, carports, porches, patios and other roofed areas with omitted exterior walls. (2). One Half (1/2) of the area of the garage, carport, porch, patio and other roofed areas with omitted exterior walls. The sum of the above areas constitute the building area for permit evaluation and must be stated on the permit application. de During construction, all projects covered by a building permit shall have sanitation facilities located either in a building or in the rear yard. Portable toilets shall not be located in any required front or side yard set back. Also, all debris, including concrete, brick, lumber, building materials, paper, cups and sacks shall be properly disposed of on a daily basis, on major remodels and on new construction a minimum 15 yard commercial trash container shall be provided and emptied as needed. Large pieces of lumber or building material shall be stacked neatly where not obtrusive to the neighbors. Ail violations as to the starting of construction, duration of construction, littering, dirty job site, failure to provide and maintain proper construction fence or sanitation requirements can be prosecuted by stoppage of all work on the building site and/or cancellation of the building permit and/or declaring the same a nuisance and abatement thereof, either singly or as a group. If the cancellation of a permit is due to the 60 day starting period and if such starting failure is due to circumstances beyond the control of the permittee, the Building official may refund such permit fee as under Section 304. Section 309 is hereby added to read as follows: Section 309 - Revised Valuation of Building Improvements upon Completion: After any improvement for which a building permit is required has been completed, it shall be the duty of the owner of the property on which the improvements have been made, or his duly authorized agent, to make an affidavit stating within five percent (5%) of the actual cost of such improvements, and such affidavit shall be filed with the city; whereupon such building permit fee will be recalculated by the building official in accordance with the schedule of fees set out in an appropriate resolution of the City Council, and based upon the actual cost as set out in such affidavit. If the amount of the permit fee paid at the time of taking out the building permit is less than the amount based upon the actual cost, then such difference in such amounts must be paid 10. to the City before a Certificate of Occupancy will be issued to the owner of such property. In the event the amount paid to the City upon taking out the building permit is found greater than the amount required as based upon such affidavit of actual cost, then the City will refund the difference. Section 310 is added to read as follows: Section 310 - Deposit Required for the Removal of Construction Debris. ae Every applicant for a building permit of value in excess of one thousand dollars ($1,000.000) shall deposit with the City a minimum sum of one hundred dollars ($100.00) in cash. Any building permit of a value in excess of five thousand dollars ($5,000.00) shall have a minimum deposit of five hundred dollars ($500.00). The City shall have the right to remove any construction debris or trash from the construction site or adjacent property if such debris is the result of construction on the permitted property. Debris and trash shall include but not be limited to paper, sand, bricks, dirt, wood, mud or other material used in construction which is not stacked or in a container or which blocks any sidewalk or violates any adjacent property rights. After a one-day notice, the city may hire a contractor to clean the site or do so with City crews. The actual cost shall be deducted from the deposit until the deposit is exhausted. If replacement money is not immediately forthcoming from the permittee and if the deposit is not fully replenished to its original amount, then the building permit and work shall cease. Any remaining portion of the deposit, after all final inspections are complete, shall be returned to the applicant within fifteen days if the site is clean of trash, debris, and dirt on the site and adjacent properties. bo Any dispute over the clean-up costs, if clean-up is done by the city, shall be determined by the City Council. Section 311 is added as follows: Section 311 - Construction Fence. A fence is required around all residential new construction sites and around those residential sites where major remodeling, in the opinion of the Building official, will take place. There shall be a temporary fence around each individual construction site. The fenced-in area shall include the front yard from property line to property line, then on each adjoining property line the fence shall extend from the front to the rear property line. The erection of a fence at the rear property line shall be left to the discretion of the Building official. In any district where on the determination of the Building Official a solid fence would insure the safety of the public, a solid fence shall be required. The front fence shall have a double gate large enough for delivery of construction materials to the site. The gates can swing in either direction, however, when open toward the street, the sidewalk shall not be blocked. The double gate shall be locked when the daily activities are shut down. 11. 12. Insert Table 5-Cl of Chapter 5, Section 22-C of the University Park City Code to follow Table 5-C. Section 1717 is added as follows: Section 1717, Requirement for the Use of Fire Retardant Treated Lumber and Building Materials. Wood, wood products or other materials not normally classed as fire retardant or fire resistant shall not be used in the construction or finish of any occupancy other than group R occupancies: Exceptions for group A, B, E and I occupancies. Se Wood used for the interior trim, door casing, window casing, base board, crown molding, chair rail and other similar appurtenances not in rated corridors. be Wood paneling not greater than one-quarter inch (1/4") applied to one-hour fire-resistive construction. Ce Wood cabinets, paneling greater than one-quarter inch (1/4") and other fixtures not defined as trim in areas fully protected by an approved automatic fire extinguishing system and not in a rated corridor . 13. Section 1718 is added as follows: Section 1718, Fireplaces to be Repaired or Reconstructed When Permit Exceeds 25% of Value. It shall be required that as a condition for the granting of a permit to alter, add to and/or repair an existing structure in an amount exceeding twenty-five percent (25%) of its value, that all wood burning fireplaces be repaired or reconstructed as outlined in Section 3707 of the Uniform Building Code or sealed off to prevent its use as a fireplace. In addition, it shall be required that all chimneys of such existing fireplaces and the chimneys of all new fireplaces shall not emit visible sparks and shall be capped with metal hardware cloth with a grid opening not exceeding three-eighths inch (3/8") or other suitable material to prevent any sparks, glowing embers or other flame-producing emissions from being discharged from the chimney during its operation. Further, unsupported chimneys exceeding a height of ten (10) times the minimum dimension of the chimney above the structure attachment point, must be wind-braced to the major structure by two (2) or more steel stay rods, one-half inch (1/2") or more in the cross-section, one (1) end of which is to be anchored firmly to the chimney and the other attached by bolts to the primary framework of the building. 14. Section 1719 is added as follows: Section 1719, General Residential Construction Requirements: Hereafter, no residential building or buildings shall be constructed in the City unless the specifications for such building or buildings comply with the following: ao Ail buildings hereafter constructed for residential purposes shall conform with all the requirements of the current zoning ordinance of the City and shall be constructed on permanent foundations. 0 Ail residential structures hereafter constructed or converted in all districts to two-family, single family attached or multi-family dwellings of five (5) units or less, shall be constructed to provide a two-hour (2) nondestructible fire-resistant wall separating each occupancy group. Such wall shall contain no openings of any nature, shall be constructed in its entirety of either brick, concrete, masonry or other similar noncombustible materials approved in advance by the Building Official, and shall contain no attachments nor be used as a load-bearing structure for floor joists, ceiling joists or rafters. The construction of such wall shall meet the requirements of Tables No. 43-A, 43-B and 43-C of this Code and shall extend from the foundation to a point at least thirty inches (30") above the roof in accordance with Section 505 (d) of this Code. In addition, in those configurations of two family and multifamily dwellings in which one (1) occupancy is above another, there shall be installed a floor-ceiling assembly of a two-hour (2) fire rating. In multifamily units in excess of five (5) units, the Building Official shall determine the type of protection necessary to facilitate the same degree of fire security and sound barrier as required in units of five (5) or less. Ce Ail residential buildings in the single family attached (SF-A), duplex (D-l, D-2) and multifamily (MF-1, MF-2 and MF-3) zoning districts, shall have a minimum of eighty percent (80%) masonry material with a minimum thickness of four inches (4"), on the exterior wall surfaces, excluding windows, doors and other appurtenances. 15. 16. Accessory buildings provisions. shall not be subject to such de Ail residential structures shall have roofing material rated as class C fire rating. Section 1720 is added as follows: Section 1720, Requirement for the Repair or Replacement of Detached Structures. ae As a condition for the granting of a building permit to repair, remodel, enlarge, alter, renovate, demolish and/or construct a residential building any and all detached structures sharing the same lot as the main structure shall, in like manner, be repaired, replaced, restored or demolished to conform with Section 2 of this Chapter, or with applicable building, mechanical, electrical and plumbing codes. Such requirements for the detached structure shall apply when, in the opinion of the Building Official, the detached structure is in a state of disrepair, or represents a health or safety hazard, or when the estimated or readjusted cost of said improvements to the residence or main building is in the amount of five thousand dollars ($5,000.00) or more or when such efforts involve or consist of structural alterations, reconstruction, addition, enlargement and/or replacement of the main building. 0 In order to assure compliance with this provision, the Building official shall make an inspection of the premises before the building permit is released or the work is authorized. If it is determined that any remedial action is required on any detached structure, the nature and scope of such effort shall be brought to the attention of the property owner, or to his agent or contractor and the detached structure will be repaired or demolished simultaneously with the work authorized. Final inspection and release of the work on the main building shall not be made until all requirements of this section for detached structures are met. Section 2901 shall read as follows: Section 2901, Scope. This chapter sets forth requirements for excavation and fills for any building or structure and for foundations and retaining structures. Foundations for group R-3 occupancies shall be concrete pier and beam as set forth in this chapter. Exception: Plans for a deep founded foundation, designed by an engineer who is in the business of foundation design may be submitted for approval. Such approval shall require that the designing engineer inspect the foundation during construction and submit a sealed report to the City stating that the foundation was constructed as per his design. Such report shall be made part of the permanent building record. 17. Section 2903 (c) is added as follows: 18. Section 2903 (c), Trench Safety. On all construction projects, public or private, within the boundaries of the City, the bid document and the contract shall contain: (1) detailed plans and specifications for adequate safety systems that meet OHSA standards, and (2) a pay item for those safety systems. Also all trenching and excavations shall meet the requirements as set forth in OHSA 2226. Section 290 (f) is amended as follows: Section 2905 (f), Drainage and Control of Runoff Water. Provisions shall be made for the control and drainage of surface water around buildings. Runoff water from rain and storms shall not be allowed to inundate or flood adjacent property if such flooding is the result of grading, drainage ditches, retaining walls or other surface alterations that control or divert the natural flow of water. be Rain water shall not be conveyed, received or discharged upon property belonging to another or adjacent to such property. Where potential flooding of adjacent property exists from runoff water from an unguttered roof, such roof shall be fitted with proper guttering containing downspouts arranged in such a manner that the runoff water will not be discharged on the adjacent property. The runoff water shall be conveyed to the street in properly sized pipes connected to the downspout. Where natural grade prohibits the proper fall to the street the Building Official may give prior approval of discharge to the alley. Co It shall be required as a condition for granting a permit to build, repair, remodel, enlarge or replace a structure or install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with. Impervious areas of all lots shall be limited to those specified for the following zoning districts: de Lot Category Allowed Impermeable Surface (1) SF-1, SF-2, SF-3, SF-4 0 - 6000 sq. ft. 6001 - 7500 sq. ft. 7501 - 10000 sq. ft. 10001 - 12000 sq. ft. 12001 - 35000 sq. ft. 35001 and greater 3,600 sq. ft. 60% 52% or 4500 sq. ft. whichever is greater 48% or 5200 sq. ft. whichever is greater 40% or 5760 sq. ft. whichever is greater 35% or 14000 sq. ft. whichever is greater (2) SF-A, D-l, D-2, MF-1, MF-2, MF-3 63% (3) Ail others 90% (4) An option available for compliance is the utilization of perforated paving stone, gravel or other permeable material Storage tanks for runoff water and/or other on-site storage facilities are no longer authorized options. Property owners with existing tanks or storage facilities which do not function properly shall be assessed the monthly fee described below (5) In lieu of the option available in paragraph (4), a monthly drainage fee may be paid, such fee to be established by appropriate City Council Resolution. (6) Ail funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. Provisions shall be made for the control and drainage of surface water around buildings. [See also Section 2907 (d) 5.] A drainage system capable of removing excess surface water, subsurface water, and/or excess moisture shall be provided under all pier and beam type foundations over 500 sq. ft. in area. Such system shall meet the design criteria in the illustration. Exception: Drainage systems designed and sealed by a professional engineer whose current occupation is in the design and inspection of foundation systems may be submitted for approval. 19. Section 3801 (d) is added as follows: Section 3801 (d), Standards. Fire extinguishing systems shall comply with the 1987 edition of NFPA 13. Exception: Automatic fire extinguishing systems not covered by NFPA 13 shall be installed in accordance with the Fire Code. 20. Section 3802 (i) is added as follows: Section 3802 (i), Backflow Prevention. Automatic fire extinguishing systems connected to the potable water system shall have installed an approved backflow prevention device between the water system and the fire extinguishing system. 21. Section 3808 is added as follows: Section 3808, Registration of License. ae Any person making application for a permit shall be licensed by the Texas Board of Insurance and that license be registered with the City. To obtain a registration, the applicant shall first file an application for registration therefor in writing on a form furnished by the building department for that purpose. Every such application shall: 22. bo Ce (1) Be fully completed. (2) List all names and titles of authorized agents. (3) Be accompanied by a copy of current state issued license and a copy of general liability insurance. (4) Be accompanied by the fee set by Resolution. Registration Fees. The fee for registration of a license shall be as established by appropriate City Council Resolution. Suspension and Revocation. The Building Official may, in writing, suspend or revoke a registration under the provisions of this Code whenever the registration was issued in error or on the basis of incorrect information supplied or the registrant is unwilling to comply with the provisions of this Code. Section 7002 (a) is added as follows: Section 7002 (a). Ail work requiring grading shall comply with this chapter. Where demolition or removal of any structure is done, the lot shall be completely cleaned of all structures and appurtenances and also be properly graded so as to insure proper drainage of the entire lot including proper leveling. 23. Delete Tables 70-A and 70-B of appendix Chapter 70." 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 or phrase of 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 effect the validity of this ordinance as a whole, the Code of Ordinances, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 4. That 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 subject to a fine as set out in Chapter 1, Section 5, of the Code of Ordinances. 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 February , 1993. CITY SECRETARY CITY ATTORNEY (l~LD/bk 2/1/93) APPROVED: ATTEST: ORDINANCE NO. 93-4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CHANGING THE NAME OF YALE BOULEVARD TO SMU BOULEVARD FROM THE INTERSECTION OF AIRLINE EXTENSION EASTWARD TO THE SOUTHBOUND NORTH CENTRAL EXPRESSWAY SERVICE ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in connection with the expansion of the North Central Expressway, a sound wall will be constructed along the southbound service road; and WHEREAS, several University Park streets presently providing access to and from the service road will be closed when this wall is constructed; and WHEREAS, with the closing of these streets, Yale Boulevard will become the principal thoroughfare to the Southern Methodist University campus from the east; and WHEREAS, a street name change to SMU Boulevard will more clearly identify the purpose of this boulevard and will assist the public in finding the most desirable route to the east side of the campus; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That that certain street within the City of University Park, Texas, designated as Yale Boulevard from the intersection of Airline Extension eastward to the southbound North Central Expressway Service Road, shall be and it is hereby changed to be and named SMU Boulevard. SECTION 2. That this Ordinance shall take effect on the first day of April, 1993. PASSED AND APPROVED this the 2nd day of March, 1993. ATTEST: APPROVED: CITY SECRETARY ORDINANCE NO. 9 3 / 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, BY AMENDING CHAPTER 10, SECTIONS 8, 9, 11, 12, 13, 15 AND 16 TO PROVIDE THAT TRAFFIC CONTROL SIGNS, SIGNALS, DEVICES AND MARKINGS SHALL BE ERECTED AND MAINTAINED BY THE DIRECTOR OF PUBLIC WORKS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOL~RS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council to transfer responsibility for the erection and maintenance of traffic control signs from the Chief of Police to the Director of Public Works; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 10, Section 8A, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 8: TURNING RESTRICTIONS A. DIRECTOR OF PUBLIC WORKS TO SUPERVISE ERECTION OF SIGNS REGULATING TURNS The Director of Public Works is hereby authorized to supervise the erection or placement of signs or markings prohibiting, requiring, or regulating right, left or U-turns, in accordance with applicable law. A person commits an offense if he disregards or disobeys a sign prohibiting, requiring or regulating a right, left or U-turn." SECTION 2. That Chapter 10, Section 9, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 9: ONE-WAY STREETS AND ALLEYS The city Council may designate any street or alley for movement of vehicular traffic in only one direction. Upon such designation, the Director of Public Works shall supervise the placement and maintenance of signs giving notice thereof, and no such regulation shall be effective until such signs are in place. A person commits an offense if he operates motor vehicle on a one- way street in any direction other than that designated by such signs." SECTION 3. That Chapter 10, Section 11, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 11: SCHOOL ZONES 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, and any speed in excess of twenty (20) miles per hour shall be prima facia evidence that the speed is not reasonable or prudent and is unlawful. The Director of Public Works shall supervise the designation of the school traffic zones with appropriate street marking or signs. The speed limit designation for school traffic zones shall be effective only at the time when appropriate signs advising motorists of the speed limit are placed in conspicuous places. School traffic zones for elementary schools shall be in effect from 7:30 a.m. to 9:00 a.m. and from 2:30 p.m. to 4:00 p.m. on school days. School traffic zones for the middle school and the high school shall be in effect from 7:30 a.m. to 9:30 a.m. and from 3:00 p.m. to 4:30 p.m. on school days." SECTION 4. That Chapter 10, Section 12, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 12: PARKING REGULATIONS A. ENACTMENT OF PARKING REGULATIONS The City Council may enact parking regulations for the various streets in the city. B. DIRECTOR OF PUBLIC WORKS TO SUPERVISE ERECTION AND MAINTENANCE OF SIGNS PROHIBITING OR REGULATING PARKING Whenever parking regulations are enacted by the City Council, the Director of Public Works shall supervise the erection and maintenance of appropriate signs and markings indicating the regulation or prohibition. D. OVERTIME PARKING The Director of Public Works is hereby authorized to supervise the erection and maintenance of signs, markings or meters regulating the time in which a vehicle may be parked in various locations within the city, in accordance with the applicable ordinances. A person commits an offense if he parks or leaves unattended a vehicle for a period of time longer than that authorized by signs, markings or parking meters. E. ANGLE PARKING (1) The Director of Public Works shall determine upon which streets angle parking shall be permitted and shall mark or sign such streets accordingly. (2) . . . " SECTION 5. That Chapter 10, Section 13, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 13: BUS STOPS A. The Director of Public Works is hereby authorized, subject to approval of the City Council, to establish bus stops on streets within the City. B. A person commits an offense if he parks, stands or leaves unattended a vehicle other than a bus in a designated and marked bus stop." SECTION 6. That Chapter 10, Section 15, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 15: DESIGNATION AND MARKING CROSSWALKS, SAFETY ZONES AND TRAFFIC LANES The Director of Public Works is hereby authorized to supervise the designation and maintenance, by appropriate devices, markings or lines upon the surface of the roadway, crosswalks at any intersection where, in his opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary. He is authorized to supervise the establishment of safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians and to supervise the marking of lanes for traffic on the street pavement at such places as he may deem advisable, consistent with this Chapter and with State law." SECTION 7. That Chapter 10, Section 16, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "Section 16: TRAFFIC LIGHTS The City Council may designate intersections at which traffic shall be controlled by electronic traffic control lights or signals. Whenever any intersection has been so designated, the Director of Public Works shall supervise the erection and maintenance of traffic control signals or lights as specified by the City Council." SECTION 8. That any other provision of any ordinance or of the Code of Ordinances of the City of University Park designating the Chief of Police as the party authorized or directed to supervise the erection and maintenance of traffic, signs or signals is hereby amended to delete the Chief of Police and insert in such provision the Director of Public Works. SECTION 9. That all provisions of the ordinances of the City of University Park, including the Code of Ordinances as amended hereby, 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, including the Code of Ordinances as amended hereby, not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 10. That should any sentence, paragraph, 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, the Code of Ordinances, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional. SECTION 11. That any person 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 12. 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 March , 1993. APPROVED: . YOR ? J ATTEST: CITY SECRETARY j~APP.ROVED AS TO FORM: CITY ATTORNEY (~T.n/bk 2/16/93) ORDINANCE NO. 93/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THECITY OFUNIVERSITY 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 LOTS 3 AND 4, BLOCK 2, IN THE UNIVERSITY PARK ESTATES ADDITION, MORE COMMONLY KNOWN AS 4033 GRASSMERE; PROVIDING SPECIAL CONDITIONS; 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 ($2,000.00) DOLLARS 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 on the property described as Lots 3 and 4, Block 2, in the University Park Estates Addition, an addition to the City of University Park, Dallas County, Texas, and known as 4033 Grassmere, 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 courts shall consist of six (6) downcast lights, "courtsider series single col-a assemblies" on eighteen (18) foot round steel poles in accordance with the data sheets admitted with the application; b. The final detailed site plan for the tennis court, lighting, landscaping and fence shall be approved by the building department, provided that the landscape plan will include a photeniahedge planted on three (3) foot centers on the east side of the court; and c. The property owner shall not be permitted to use the tennis court lights after 10:00 p.m. on Sunday through Thursday nights or after 10:30 p.m. on Friday and Saturday nights. 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 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive zoning Ordinance of the City of University Park, Texas, 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 is continued shall be deemed to constitute a separate offense. SE~ION 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 6th day of April , 1993. APPROVED: A~EST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/Dk) ORDINANCE NO. 93 / 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT TO CONSTRUCT A PRIVATE TENNIS COURT, LIGHTING, AND A FENCE ON THE PROPERTY DESCRIBED AS LOT 3, BLOCK 9, OF THE BROOKSIDE ESTATES ADDITION, MORE COMMONLY KNOWN AS 6801 BALTIMORE; SO AS TO GRANT A SPECIFIC USE FOR SAID PROPERTY FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE DETACHED ACCESSORY STRUCTURE SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THEREPEALOF ATW. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOTW~%RS 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 on the property described as Lot 3, Block 9, of the Brookside Estates Addition, an addition to the City of University Park, Dallas County, Texas, and known as 6801 Baltimore. 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 consist of six (6) "no-fault lights" mounted on twenty-two (22) foot round steel poles in accordance with the data sheets admitted with the application; b. The final detailed site plan for the tennis court, lighting, and fence shall be approved by the building department; c. The fence to be constructed around the tennis court shall be constructed in accordance with the final detailed site plan and shall not exceed eight (8) feet in height at any point; and d. The property owner shall not be permitted to use the tennis court lights after 11:00 p.m. daily. SECTION 3. That the Comprehensive Zoning Ordinance of the City of University Park is further amended by amending the zoning map so as to grant a specific use permit for said property to permit kitchen, cooking, and food preparation facilities in the detached accessory structure, provided that the facilities may include a sink, refrigerator, dishwasher, and microwave oven only, and further provided that the granting of this specific use permit 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 4. 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 5. 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 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 6th day of April , 1993. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/bk) ORDINANCE NO. 93 / 8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT TO CONSTRUCT A PRIVATE TENNIS COURT, LIGHTING, AND A FENCE ON THE PROPERTY DESCRIBED AS LOT 1, BLOCK 13, OF TROTH'S SUBDIVISION ADDITION, MORE COMMONLY KNOWN AS 3925 DRUID; 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 ($2,000.00) DOT.tARS 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 on the property described as Lot 1, Block 13, of Troth's Subdivision Addition, an addition to the City of University Park, Dallas County, Texas, and known as 3925 Druid. 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 no more than six (6) "courtsider series" downcast lights mounted on twenty (20) foot round steel poles in accordance with the data sheets admitted with the application; and b. That the fence to be erected on the north side of the tennis court may be up to ten (10) feet in height for the thirty-two (32) foot section thereof to be shown on the final detailed site plan for the tennis court, lighting and fence which shall be approved by the building department; and c. The property owner shall not be permitted to use the tennis court lights after eleven (11:00) 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 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 6th day of April , 1993. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/Dk) ORDINANCE NO . 93 / 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVEZONING ORDINANCE OF THECITY OF UNIVERSITY PARK, AS HERETOFOREAMENDED, BY AMENDING SECTION 9-901(5)(b) OF APPENDIX A, TBE ZONING ORDINANCE, TO THE UNIVERSITY PARK CITY CODE TO REQUIRE TWO (2) INTERIOR EXIT STAIRWAYS WHEN THE HABITABLE SPACE EXCEEDS FIVE HUNDRED (500) SQUARE FEET; PROVIDING FOR THEREPEALOF AIJ. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOTJ~%RS 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 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 Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 9-901(5) (b) to read as follows: "(b) When used for any purpose other than storage, HVAC and water heating equipment, and the habitable space exceeds five hundred (500) square feet, two (2) interior exit stairways shall be required." SECTION 2. 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 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 6th day of April , 1993. ATTEST: CITY S~.CRETARY / ~, ........ ~P~ROV~D AS TO FOI~H:, ~ CITY ATTORNEY (RLD/Dk) ORDINANCE NO. 93/10 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 PLANNED DEVELOPMENT DISTRICT NUMBER 18 FOR THE PROPERTY DESCRIBED AS LOTS I AND 2, BLOCK 2, IN THE UNIVERSITY HILLS WEST ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3017 AND 3021 DYER STREET, UNIVERSITY PARK, TEXAS; APPROVING A CONCEPTUAL SITE PLAN; 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 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 Planned Development Number 18 on the property described as Lots 1 and 2, Block 2, in the University Hills West Addition, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 3017 and 3021 Dyer Street, University Park, Texas. SECTION 2. That the Conceptual Site Plan depicting the improvements on said lots 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 or Certificate of Occupancy 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 this planned development district is granted until May 31, 1994, and is subject to the following special conditions: (a) That the location of the physical structures on the site plan will not be expanded or increased; (b) In addition to Single Family Dwelling-4 (SF-4) uses, the site may be used for fraternity or sorority uses; (c) Each main residential structure on the property shall be limited to three (3) residential occupants, whether related or unrelated; (d) That building identification signage for the fraternity or sorority occupying each main residential structure is permitted; and (e) That the owner will make such corrections to the structures as may be required by the codes and ordinances of the City of University Park to permit fraternity or sorority uses prior to the issuance of any Certificate of Occupancy. SECTION 4. 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 5. 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 6. 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 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. 21st DULY PASSED by the City Council of the City of University Park, Texas, on the day of April ,1993. APPROVED: A'FI'EST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/bk) EXHIBIT "A" ._lc.F__: .- EXHIBIT "A" AN ORDINANCE NO. 93/11 AUTHORIZING THE ISSUANCE OF CITY OF UNIVERSITY PARK, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993; AUTHORIZING THE EXECUTION OF A PAYING AGENT AGREEMENT; AND APPROVING AN OFFICIAL STATEMENT THE STATE OF TEXAS COUNTY OF DALLAS CITY OF UNIVERSITY PARK WHEREAS, there is presently outstanding the following issues of outstanding obligations of the City of University Park, Texas (the "Issuer") which are secured by the full faith and credit of the Issuer and a pledge by the Issuer to levy ad valorem taxes sufficient to pay principal of and interest on the obligations as they become due: City of University Park, Texas General Obligation Bonds, Series 1980, dated July 1, 1980 currently outstanding in the aggregate principal amount of $6,480,000 (the '~Jeries 1980 Bonds"); and City of University Park, Texas Certificates of Obligation, Series 1987, dated December 1, 1987 currently outstanding in the aggregate principal amount of $775,000 (the "Series 1987 Certificates"); and WHEREAS, the Issuer now desires to refund the above descn'bed outstanding Series 1980 Bonds maturing in the years 1994 through 2000 in the aggregate principal amount of $5,945,000 and to refund all of the above described Series 1987 Certificates maturing in the years 1994 through 1998 in the aggregate principal amount of $675,000 (the "Refunded Obligations"); and WHEREAS, Article 717k, V.A.T.C.S., as amended, provides that when the initial deposit of securities (and any uninvested money) is made with the Paying Agent in the amount sufficient to pay the principal of and interest on Refunded Obligations at maturity or redemption, such deposit shall constitute the making of firm banking and financial arrangements for the discharge and final payment or redemption of the Refunded Obligations, and it is hereby found that although such Refunded Obligations shall continue to be obligations of the Issuer, automatically they shall become obligations of the Issuer secured solely by and payable solely from such deposit and the proceeds therefrom; and upon the making of such deposit, the lien on and pledge securing the payment of all Refunded Obligations shall automatically terminate and be discharged and said encumbrances shall be of no further force or effect; and although said Refunded Obligations will remain outstanding, they shall be regarded as being outstanding only for the purpose of receiving the funds provided by the Issuer for their payment or redemption; and WHERF. a~, the City Council of the Issuer deems it advisable to refund the Refunded Obligations to achieve a debt service saving on both an actual and a present value basis; and WHEREAS, NationsBank of Texas, N~., Dallas, Texas (formerly known as Republic National Bank of Dallas, Dallas, Texas, and thereafter as First RepublicBank Dallas, N.A., Dallas, Texas) is the paying agent for the Refunded Obligations; and WHEREAS, ali of the Refunded Obligations mature or are subject to redemption prior to maturity within 20 years of the date of the bonds hereinafter authorized; and WHEREAS, it is now deemed necessary and advisable that said bonds be issued at this time, in the amounts and for the purposes as herein shown; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Article 717k' V.A.T.C.S., as amended and the Charter of said Issuer; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bonds of the City of University Park, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $6,750,000, FOR THE PURPOSE OF PROVIDING FUNDS TO REFUND THE ISSUER'S OUTSTANDING REFUNDED OBLIGATIONS (all as described in the preamble hereto). Section 2. DEFINITIONS. As used in this Ordinance, unless the context shall otherwise require, the term 'Bonds" shall mean and include collectively the Bonds initially issued and delivered pursuant to this Ordinance and all substitute obligations exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term '~Bond" shall mean any of the Bonds. "DTC" means The Depository Trust Company of New York, New York, New York, or any successor securities depository. "DTC Participant" means securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants; and Section 3~) DESIGNATION, DATE, DENOMINATIONS, NUMBERS AND MATUR1TI~ F BONDS. Each Bond issued pursuant to this Ordinance shall be designated: "CITY OF UNIVERSITY PARK, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993", and initially there shall be issued, sold and delivered hereunder fully registered Bonds, without interest coupons, with the Bonds being dated May 1, 1993 in the respective denominations and principal amounts hereinafter stated, with the Bonds being numbered consecutively from R-1 upward, payable to the initial registered 2 owner thereof (as designated in Section 14 hereof), or to the registered assignee or assignees of said Bonds or any portion or portions thereof (in each case, the "Registered Owner"). The Bonds shall mature and be payable serially on July 1 in each of the years and in the principal amounts, respectively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1994 $ 845,000 1999 $ 760,000 1995 910,000 2000 590,000 1996 940,000 2001 410,000 1997 1,000,000 2002 215,000 1998 1,080,000 Section 4. INTEREST. The Bonds shall bear interest calculated on the basis of a 360-day year composed of twelve 30-day months fi.om the dates specified in the FORM OF BOND set forth in this Ordinance to their respective dates of maturity at the following rates per annum: maturities 1994 % maturities 1995 % maturities 1996 % maturities 1997- % maturities 1998 % maturities 1999 ' % maturities 2000 % maturities 2001 % maturities 2002 -- % Said interest shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 5. CHARACFERISTICS OF THE BONDS. ~ Transfer, and Exchange: Authentication: Book-Entry Only System. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of NationsBank of Texas, N.A., Dallas, Texas (the "Paying Agent/Registrar") books or records for the registration of the transfer and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or recorc~ and make such registrations of transfers and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescrfoe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered 3 owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. To the extent possible and under reasonable circumstances, all transfers of Bonds shall be made within three business days after request and presentation thereof. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Bond or Bonds shall be paid as provided in the FORM OF BOND set forth in this Ordinance. Registration of assignments, transfers and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Except as provided in (e) below, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Paying Agent/Registrar's Authentication Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing transfer and exchange of any Bond or portion thereof, and the Paying Agent/ Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 5 thereof, the duty of transfer and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the transferred and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. Co) Book-Entry On_Iv S_vstem. The Bonds issued in exchange for the Bonds initially issued to the purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such Bond shall be registered in the r~ame of Cede & Co., as nominee of Depository Trust Company of New York (~DTC"), and except as provided in subsection (c) hereof, all of the outstanding Bonds shall be registered in the name of Cede & Co, as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behaff of whom such a DTC Participant holds an interest on the Bonds. Without limiting the immediately preceding 4 sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Bondholder, as shown on the Registration Books, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than a Bondholder, as shown in the Registration Books of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal, premium, if any, and interest on such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an owner, as shown in the Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (c) Successor Securities Depository;, Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its respons~ilities described herein and in the representation letter of the Issuer to DTC or DTC determines to no longer provide the services of securities depository with respect to the Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate BOnds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of BOnds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Bondholders transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (d) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. (e) In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) transferred and assigned, (iii) may be ex- changed for other Bonds, (iv) shall have the characteristics, (v) shall be signed, sealed, executed and authenticated, (vi) the principal of and interest on the Bonds shall be pay- able, (vii) may be redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar at least 50 days prior to the date of redemption), and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGIS- TRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF BOND. Section 6. PAYING AGENT/REGISTRAR. (a) payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "special Record Date") will be established by the Paying .Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date", which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the addre~ of each Holder of a Bond appearing on the Registration Books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. Co) Substitute Paving A_~_ent/Re_~istrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one 6 entity. The Issuer reserves the fight to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar and, pursuant to Section 21, to Insurer, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/ Registrar. By accepting the position and performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached only to the Bonds initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate varia- tions, omissions, or insertions as are permitted or required by this Ordinance. FORM OF BOND: NO. $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DA! J AS CITY OF UNIVERSITY PARK, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 1993 MATURITY DATE BOND DATE CUSIP July 1, May 1, 1993 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS 7 ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF UNIVERSITY PARK, IN DAHAS COUNTY, TEXAS, a municipal corporation of the State of Texas (the "Issuer"), hereby promises to pay to the Registered Owner specified above, or to the registered assignee thereof (either being hereinafter called the "regis- tered owner") the Principal Amount specified above and to pay interest thereon, from the Bond Date specified above to the date of its scheduled maturity or the date of its redemption prior to scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on January 1, 1994, and semiannually on each January 1 and July 1 thereafter; except that ff this Bond is required to be authenticated and the date of its authentication is later than the first Record Date, such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such Principal Amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged or converted from is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE TERMS AND PROVISIONS of this Bond are continued on the reverse side hereof and shall for all purposes have the same effect as though fully set forth at this place. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presenta- tion and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate office of NationsBank of Texas, N.A., Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the Bond Ordinance to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States man; first class pmtage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter descn~oed. In addition, interest payments may be made by such other methods, acceptable to the Paying Agent/Registrar, requested by and at the risk and expense of the registered owner. Any accrued interest due at maturity shall be paid to the registered owner upon presentation and surrender of this Bond for payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date and interest payment date for this Bond it will make available to 8 the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the mounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. Notwithstanding the foregoing, during any period in which ownership of the Bonds is determined by a book entry at a securities depository for the Bonds, payments made to the securities depository, or its nominee, shall be made in accordance with arrangements between the Issuer and the securities depository. IF THE DATE for any payment due on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which bar, king institutions in the city where the principal corporate office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which ba~idng institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of a series of bonds of like tenor and effect except as to number, principal amount, fight of prior redemption and maturity, aggregating Six Million Seven Hundred Fifty Thousand Dollars ($6,750,000) (herein sometimes called the "Bonds"), issued for the purpose of refunding the Refunded Obligations of the Issuer, as defined in the Bond Ordinance, in accordance with the Constitution and laws of the State of Texas, particularly Article 717k, V.A.T.C.S, and pursuant to an ordinance passed by the City Council of the Issuer and duly recorded in the minutes of said City Council (the "Bond Ordinance"). The Bonds are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. THE ISSUER reserves the right to redeem the Bonds maturing on and after July 1, 2000, in whole or in part on any date on and after July 1, 1999, at the redemption price equal to the principal amount thereof plus accrued interest to the redemption date. If less than all of the Bonds are to be redeemed, the Issuer shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Bonds, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption; provided that during any period in which ownership of the Bonds is determined by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT !-I~.AST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity, a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, to the registered owner of each Bond to be redeemed at its address as it appeared on the business day next preceding the date of mailing such notice; provided, however, that the failure to send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the delivery of such notice to the Paying Agent Registrar as required by the Bond Ordinance shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed. If such notice of redemption is given and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. ,AI.I. BONDS OF THIS SERIES are issuable solely as fully registered Bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred and exchanged for a like aggregate amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having any authorized denomination or denominations as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any authorized denomination to the assignee or as~ignee,~ in whine name or names this Bond or any such portion or portions hereof i~ or are to be registered. The Form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assigmnent satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portion.5, hereof from tine to time by the registered owner. The Issuer shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for 10 transferring and exchanging any Bond or portion thereof. Any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer or exchange with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided, however, such limitation of transfer shall not be applicable to an exchange by the Registered Owner of an um'edeemed balance of a Bond called for redemption in part. WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Bonds, the foregoing requirements of holding, delivering, or transferring this Bond shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or transferring the book entry to produce the same effect. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or othersvise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN ADDITION TO Al.l. OTHER RIGH'I~ the owners of this series of Bonds shall be subrogated to all pertinent and necessary rights of the owners of the obligations being refunded thereby. 1T IS HEREBY certified, redted, and covenanted that this Bond has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law;, that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof;, and that ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law. IN TESTIMONY WHEREOF, the City Council of the City of University Park, Texas, in accordance with the provisions of Article 717j-1, V.A.T.C.S., has caused 11 the seal of said Issuer to be impressed or a facsimile thereof to be printed hereon, and this Bond to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said Issuer. COUNTERSIGNED: City Secretary, City of University Park, Texas CITY OF UNIVERSITY P .ARK, TEXAS Mayor, City of University ~P"a)rk, ~) Texas ~/ (SEAL) FORM OF PAYING AGENT/REGISTRARS3 AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRARS A~NTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provision~ of the Bond Ordinance descn~oed on the face of this Bond; and that this Bond has been issued in exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated unto NationsBank of Texas, N.A., Dallas, Texas Paying Agent/Registrar Authorized Representative FORM OF ASSIGNMENT: FOR VALUE RECEIVED, the undersigned sells, assigns and transfers 12 Please insert Social Security or Other Identifying Number of Transferee / / Please print or typewrite name and address, including zip code of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney, to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Bond in every particular, without alteration or enlargement or any change whatever. (FORM OF COMPTROH.ER'S CERTIFICATE ATTACHED TO THE BONDS UPON INITIAL DELIVERY THEREOF) OFFICE OF COMIWRO~ l.gR STATE OF TEXAS : REGISTER NO. I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been 13 examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding general obligation of the City of University Park, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas (SEAL) Comptroller of Public Accounts of the State of Texas [FORM OF INSURANCE LEGEND, IF REQUIR~l)] ***END OF BOND FORM*** Section 8. TAX ! F. VY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the City Council of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never leas than 2% of the original principal amount of said Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a ~Defeased 14 Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 9, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Permitted Investments which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Permitted Investments. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Permitted Investments, maturing in the amounts and times as hereinbefore set forth, and all income from such Permitted Investments received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Permitted Investments~ as used in this Section, shall mean noncallable direct obligations of the United States of America, including obligations which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form ('Government Obligations"). (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the. same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such sentices as required by this Ordinance. Sexfion 10. DAMAGED, MUTILATED, LOST, STOI.I:.N, OR DE- STROYED BONDS. (a) Ret)lacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. 15 (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Regis- trar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this (e) Authori_ty for Issuing Replacement Bonds. In accordance with Section 5 of Vemon's Ann. Tex. Civ. St. Art. 717k-6, this Section 10 of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 5 of this Ordinance for Bonds issued in exchange for other Bonds. Section 11. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General 16 of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel, the assigned CUSIP numbers and the statement of insurance relating to any insurance policy issued with respect to the Bonds may be printed on the Bonds issued and delivered under this Ordinance, but such information shall have no legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. Section 12. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS. The Issuer hereby designates the Bonds as "qualified tax-exempt bonds" as defined in section 265Co)(3) of the Internal Revenue Code of 1986 (the "Code"), conditioned upon the purchaser identified in Section 14 hereof certifying that the aggregate initial offering price of the Bonds to the public (excluding any accrued interest) is no greater than $10 million. Assuming such condition is met, in furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in which the Bonds are issued, the Issuer (including any subordinate entities) has not designated nor will designate bonds, which when aggregated with the Bonds, will result in more than $10,000,000 of "qualified tax-exempt bonds" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year in which the BOnds are issued by the Issuer (or any subordinate entities) will not exceed $10,000,000;, and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth in Section 13 hereof, in order that the Bonds will not be considered "private activity bonds" within the meaning of section 141 of the Code. Section 13. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from any action which would adversely affect, or to take such action to ensure, the treatment of the Bonds as obligations descn'bed in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any act/on to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; 17 (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds $ percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, ff any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would other,vise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with - (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a per/od of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the 18 Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the '~Excess Earnings," within the meaning of section 148(0 of the Code and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its respons~ilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. Sect/on 14. SAI.I:. OF BONDS. The Bonds are hereby sold and shall be delivered to , at a price of par and accrued interest to date of delivery, le,~ a discount of $ . The Bonds shall initially be registered in the name of . It is hereby officially found, determined, and declared that ~aid purchaser is the highest bidder for the Bonds as a result of invitations for competitive bids. It is further officially found, determined, and declared that the Bonds have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding Instructions and Official Statement dated April 20, 1993, prepared and dism'buted in connection with the sale of the Bonds. The officers of the Issuer are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Ordinance. 19 Section 15. USE OF PROCEEDS. Any accrued interest received from the initial purchaser of the Bonds shall be deposited in the Interest and Sinking Fund. An amount equal to $ , representing the estimated costs of issuance of the Bonds, shall be deposited in a separate account in the City's General Fund. The remaining proceeds, together with any proceeds set aside in the General Fund which are not needed to pay issuance expenses, and the amount in the General Fund necessary, together with such other amounts, to pay the Refunded Obligations on the redemption date shall be deposited in the respective amounts into the Interest and SiI~king Funds for the Refunded Obligations. Section 16. OFFICIAL STATEMENT. An Official Statement dated May 4, 1993 has been prepared in connection with the sale of the Bonds, in the form and substance submitted at this meeting. Said Official Statement and any supplement or addenda thereto have been and are hereby approved, theft use in the offer and sale of the Bonds is hereby approved, and the Mayor is authorized and directed to execute the Official Statement on behalf of the Issuer. It is further officially found, determined, and declared that the statements and representations contained in said Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council The distribution and use of the Preliminary Official Statement dated April 20, 1993, is hereby ratified and confirmed. Section 17. PAYING AGENT AGREEMENT. The Issuer hereby appoints NationsBank of Texas, N.A., Dallas, Texas as Paying Agent/Registrar for the Bonds authorized hereby. The Mayor and the City Secretary of the City of University Park, are hereby authorized to execute and deliver on behalf of the Issuer a Paying Agent/Registrar Agreement, dated as of the date of delivery of the Bonds in substantially the form and substance presented at this meeting, between the Issuer and NationsBank of Texas, N~, Dallas, Texas. Section 18. REDEMPTION OF REFUNDED OBLIGATIONS. The I~uer hereby directs that the Refunded Obligations be called for redemption on the redemption date and at the redemption price set forth in the Notice of Redemption attached hereto as ~ The Refunded Obligations descn'bed in said Notice of Redemption shall be presented for redemption in accordance with said notice at the Paying Agent for said Refunded Obligations as shown in the Notice of Redemption and shall not bear interest after the date provided for redemption. The City Manager shall insure that the provisions of the ordinances authorizing the Refunded Obligations are complied with and shall make provisions with the Paying Agent/Registrar for the Refunded Obli'gatiom to have the notice given as required. In addition to the Notice of Redemption set forth in the authorizing ordinance, the Notice of Redemption shall also be given by mml; first-ciasa postage prepaid to each registered securities depository and to any national information service that dissemiuates redemption notices. Any notice sent to the registered securities depositories or such national information services shall be sent ao that they are received at least two (2) days prior to the general mailing or 2O publication date of such notice. The Notice of Redemption should also be sent to the registered owner of any Bond who has not sent the Bonds in for redemption sixty (60) days after the redemption date. Section 19. FURTHER PROCEDURES. The Mayor, City Secretary and City Manager of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Bonds, the Official Statement, the Paying Agent/Registrar Agreement, or the redemption of the Refunded Obligations being called for redemption prior to their scheduled maturities. In case any officer whose signature appears on any Bond or other certificate shall cease to be such officer before the delivery of the Bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. In addition, the findings and recitals made in the preamble to this Ordinance are hereby incorporated herein and made a part of this Ordinance for all purposes. Section 20. DTC I.I:.'I'FER OF REPRESENTATION. The Mayor and City Secretary of the Issuer shall be and they are hereby expressly authorized, empowered, and directed to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer the Letter of Representation with DTC regarding the Book-Entry Only System attached hereto, the Paying Agent/Registrar Agreement with NationsBank of Texas, N.A., Dallas, Texas and all other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Letter of Representation, the Bonds, the sale of the Bonds, and the Official Statement. Notwithstanding anything to the contrary contained herein, while the Bonds are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representation is hereby incorporated herein and its provisions shall prevail over any other provisions of this Bond Ordinance in the event of conflict. 21 ORDINANCE NO. 93 / 12 AN ORDINANCE OF TBE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON BOTH SIDES OF DRANE DRIVE FROM THE POINT OF ITS INTERSECTION WITH LOHO ALTO WESTWARD TO THE POINT OF ITS INTERSECTION WITH THE ~TJ~Y BETWEEN LOMO ALTO AND ROLAND STREETS AND ON THE WEST SIDE OF WESTCHESTER FROM THE POINT OF ITS INTERSECTION WITH UNIVERSITY BOULEVARD TO THE POINT OF ITS INTERSECTION WITH MCFARLIN BOULEVARD; PROVIDING FOR THE ERECTION OF APPROPRIATE SIGNS AND MARKINGS; PROVIDING FOR THE REPEAL OF ATJ. ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOTJ~%RS ($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 1. That it shall be unlawful and an offense for any person to leave, stand or park a motor vehicle on either side of Drane Drive from the point of its intersection with Lomo Alto westward to the point of its intersection with the alley between Lomo Alto and Roland Street at any time. SECTION 2. That it shall be unlawful and an offense for any person to leave, stand or park a motor vehicle on the west side of Westchester from the point of its intersection with University Boulevard to the point of its intersection with McFarlin Boulevard at any time. SECTION 3. That the Director of Public Works be, and he is hereby, authorized and directed to place any signs or other traffic control devices authorized by law so as to give notice of the parking restrictions contained herein. SECTION 4. Any ordinance in conflict with the provisions hereof is hereby repealed. SECTION 5. That 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 subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) 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, provided that the parking restrictions contained herein shall not be effective until the signs or marking required by law have been erected as provided herein. DULY PASSED by the city Council of the City of University Park, Texas, on the 4th day of May , 1993. APPROVED: ATTEST: CITY SECRETARY %APPROVED AS TO FORM: CITY ATTORNEY (RLD/bk) ORDINANCE NO. 93/13 AN ORDINANCE DENYING A RATE INCREASE REQUESTED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR CONDITIONS, SEVERABILITY, AND REPEAL OF CONFLICTING ORDINANCES. WHEREAS, on January 22, 1993, Texas Utilities Electric Company (TUEC or Company) filed with the City of University Park a request for an increase in electric utility rates to be charged within the City; and WHEREAS, the City, having suspended the effective date of such proposed increase and having considered the same, is of the opinion and finds that existing rates of TUEC should not be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: Part 1: That the requested changes in rates, tariffs, and charges of TUEC for electric power, energy and service within the City be in all respects denied. Part 2: Notwithstanding any other provision herein contained, the rates of TUEC within the City of University Park shall not, in any case, exceed the rates of customers of TUEC in unincorporated areas whether such rates for unincorporated areas are set prior to or after the adoption of this ordinance and it shall be unlawful for TUEC, its agents, servants or employees to collect or attempt to collect higher rates within the City of University Park than are collected by TUEC within unincorporated areas. Part 3: That the action of the City Council of the City of University Park enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for TUEC within the City of University Park in accordance with §43(e) of the Public Utility Regulatory Act. Part 4: Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying, in any manner, the right and Dower of the City under the law to regulate the rates and charges of TUEC. Part 5: That all Ordinances, Resolutions, or Darts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED on this 19th day of May, 199% A.D. ATTEST: Mayor City Secretary ORDINANCE NO. 93/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CITY CODE BY AMENDING CHAPTER 1, SECTION '19-1, TO DETERMINE WHO MAY USE SWIMMING POOLS OF THE CITY; 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 19-1 of the University Park City Code be, and the same is hereby, amended in part by deleting subsections (2)(b) and (c) so that said subsection will read as follows: "(b) Reserved. (c) Reserved." SECTION 2. That Chapter 1, Section 19-1, of the University Park City Code be, and the same is hereby, amended in part by amending subsection (3)(b) to read as follows: "(b) Issuance of Tags The City Manager, or his representative, shall issue a tag for each family member residing at any given address within the City upon application for the same. The applicant, or his representative, must sign a receipt for the tag and a pledge that the tag will be used only by the person to whom it is issued. The tag must be worn on the swimming suit in a manner so that it can be seen by the swimming pool attendants. The day care centers shall be issued a permit or a card for the teachers and students under six (6) years of age. Upon entering the pool, the designated leader of the group shall identify himself or herself and identify the teachers and students coming into the pool under the permit authority." SECTION 3. That all ordinances in conflict with the provisions of this ordinance and the University Park City Code as amended hereby be, and the same are hereby, repealed, and all other provisions of the ordinances of the City and the University Park City Code 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 University Park City Code 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 19thday of M_ay ., 1993. APPROVED: M~YOR ~ ~ A'n'EST: APPROVED AS TO FORM~\ CITY ATTORNEY (RLD/bk) CITY SECRETARY ~ORTION$ OF DOCUMENT O~IN~CE NO. 9 3 / 1 5 W~ ~ O~IN~ O~ ~ ~I~Y O~ ~I~I~Y P~, ~~ ~~NING A ~RTION OF ~ S~ET RIG~-OF-WAY OF BI~Y A~ ~D A ~RTION OF ~ ~.LRy RIG~-OF-WAY BE~ BI~Y A~ ~D G~A A~, ~OM ~ ~I~ OF ~ I~E~ION OF ~ WI~ ~Y S~ET TO ~ ~I~ OF I~E~ION OF ~ WI~ HIGH S~L A~, MO~ P~TI~~Y DES~IBED IN E~IBIT "A," ~ ~ ~ING O~R IN CONSID~TION OF ~ DEDI~TION OF WA~ ~D S~ ~~S ON ~ PROP~TY DES~IBED IN E~IBIT "B;" DET~NING ~ FAIR ~T V~ OF ~ ~ EX--GED; PROVIDING FOR ~ CONSID~TIONS; PROVIDING FOR ~ ~ISHING OF A C~TIFIED ~PY OF ~IS O~IN~ FOR ~CO~ING IN ~ ~ PROPERTY ~CO~ OF D~T.T~ CO~, ~, ~ A QUITC~ DEED; ~D PROVIDING ~ EF~I~ DA~. T01L ~, the City Council of the City of University Park, Texas, has dete~ined that cer2ain stree2 and alley rights-of-way described in Exhibit "A" are no longer needed or necessary for street oF alley or for public utility pu~oses by the City; and WHEREAS, the City desires to exchange such interests to the abutting owner in consideration of the dedication of water and sewer easements as described in Exhibit "B" and for other considerations; and WHEREAS, the City has secured an appraisal of the interest being conveyed by each party, and such exchange and additional consideration is based upon the fair market value of the interests being conveyed and received 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 dedication of easements to be used for water, sanitary sewer, and storm sewer uses by the owner of the property described in Exhibit "B," attached hereto and made part hereof for all purposes, and for other good and valuable consideration consisting of $290.437.50 cash, the receipt and sufficiency of which is hereby acknowledged, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, Highland Park Independent School District, all that certain tract or parcel of land more particularly described in Exhibit "A" attached hereto and made part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the rights being abandoned in the property described in Exhibit "A" consist of the street right-of-way of Binkley Avenue between the point of its intersection with Key Street and the point of its intersection with High School Avenue, and the alley right-of-way between Granada Avenue and Binkley Avenue from the point of its intersection with Key Street to the i AGG04115 9ql92 O00q6 point of its intersection with High School Avenue, all as shown on Exhibit "C" hereto. SECTION 3. That the City of University Park does not abandon any other interest other than that described in Exhibit "A", but does hereby abandon all of its right, title or interest either in fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. SECTION 4. That upon delivery of easement deeds by Highland Park Independent School District to the City of University Park for the water, sanitary sewer, and storm sewer easements described in Exhibit "B", and the cash consideration recited above, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to the Superintendent of the Highland Park Independent School District, and recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park, Texas, to said Highland Park Independent School District of such right, title or interest of the City of University Park in and to such tracts described in Exhibit "A" either in fee simple or by easement, or otherwise. 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 1st day of June, 1993. APPROVED: ATTEST: CITY ATTORNEY (RLD/gh 5-26-93) CITY SECRETARY 2 AGG04115 9 192 000b, 7 09:08 , '~241 987 5399 CITY UNIV PARK RAYMOND L, GOODSON JR.,INC. CONSUMING ~NGINE~RS PEEK CENTER 004/014 EXHIBIT PA~T OF BINKLEY AVENUE CITY OF UNIVERSITY P]~RK, DALLAS COUNTY, TEXAS January 4, 1993 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. 1361 and also being part of Binkley Avenue a 50.00 feet wide street'right-of-way and being more particularly described as follows: BEGINI~ING at a 1/2" iron rod found for corner at the intersection of the easterly right-of-way line of High School Avenue (50 feet wide) with the northerly right-of-way line of said Binkley Avenue; THENCE North 89'02'04" East along said northerly line of Binkley Avenue a distance of 575.58 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of said northerly line with the projected westerly right-of-way line of Key Street (50 feet wide); THENCE South 00'47'07" East a distance of 50.00 feet to a point for corner at the intersection of said westerly line of Key Street with the southerly line of said Binkley Avenue; THENCE South 89'02'04" West along said southerly line a distance of 575.58 feet to a point for corer in said easterly line of High School Avenue; THENCE North 00'47'07" West along the projected easterly line of said High School Avenue a distance of 50.00 feet to the POINT OF BEGINNING and containing 28,779 square feet or 0.6607 acres, more or less. 94192 O00L ,8 10/01/93 09:08 8241 987 5399 CITY UNIV PARK -,-+-, PEEK CENTER ~]005/014 Clniv~ri~j Annex kl~ ~ KEY ~JT. '3 IGC5' i~00 I~1,"~ 'OI~ iiE ,----:>.-=' N ~ KEY G'l'. POINT OF 15EGI ININ INGi -~ HIgH GCHOOL AVE.. N O0 *4*'/'O"/'W 'n "^" RAYMOND L GOOOSON dR.,INC. CONSULTING ENGINE£RS 10440 NO~TH SUIT~ 600. LB. 601 D~J.I,~.$ . ~ 75231--2212 PH, 214/'739-8100 . FAX 214/'759--8354 Cr't'¥ Of:: UNI',J~D.-~I'T¥ PAl2.14. 9t~l 92 U00L~9 i0/01/93 09:'09 ''~241 987 5399 CITY [~IV PARK ~ PEEK CENTER ~006/014 RAYMOND L. GOODSON JR.,INC. CONSULTING ENGINEERS EXHIBIT 15 FEET WIDE ~LLEY BLOCK E UNIVERSITY P~tK ANNEX ~DDITION CITY OF UNIVERSITY PARK, DALLAS COUNTY, TE~S January 4, 1993 Being a 15 feet wide alley right-of-way situated in the City of University Park, Dallas County, Texas and being part of Block E, University Annex Addition, an addition to the City of University Park and recorded in Volu~e 1, Page 363 of the Deed Records of Dallas County, Texas and being more particularly described as follows; BEGINNING at a point for corner at the intersection of the easterly right-of-way line of High School Avenue (50 feet wide) with the southerly right-of-way line of said alley, said point being North 00°47,07'' West, a distance of 155.00 feet along said easterly line from the northerly right-of-way line of Binkley Avenue (60 feet wide); THENCE North 00°47'07'' West along the projected easterly right-of- way line of said High School Avenue a distance of 15.00 feet to a point for corner in the northerly right-of-way line of said alley right-of-way; THENCE North 89'0'2'04" East along said northerly line a distance of 717.00 feet to a point for corner in the westerly right-of-way line of Key Street (50 feet wide); THENCE South 00°47'07'' East along the projected westerly right-of- way line of said Key Street a distance of 15.00 feet to a point for corner in the southerly right-of-way line of said alley; THENCE South 89°02'04'' West along said southerly line a distance of 717.00 feet to the POINT OF BEGINNING and containing 10,755 square feet or 0.2469 acres, more or less. O0,050 10/01/93 09:09 8241 987 5399 CITY UNIV PARK ~ PEEK CENTER ~007/014 e~CHOOb MC~MT ~'Fr. J2N CN, AVE. RAYMOND L Cg)OOSON ,~.,INC. CONSULTING ENGINEERS 10440 NORII-{ C~NTRAL £XPR[$$WA¥ SUITE 400, LB. 601 e, HIISIT "A" 15' WIDE ALLEY BLOCK.. E UMIVEEelTY ANN6X AOE)N. ClT'( OF UNIVEI~ITy t~A~K PA LL A.5 COUI,,IT ~ TEXA~ ._J ,i0/01/93 09:,09 , '~241 987 5399 CITY UNIV PARK PEEK CENTER 008/014 UTILITY EASEMENT I BLOCK E UNIVERSITY ANNEX ADDITION CITY OF UNIVERSITY PARK Being tract or p~rcel of land situated in the City of University Park, Dallas County, Texas and being part of the John Scurlock Survey Abstract No. 1361 and being part of the City of University Park according to the plat thereof recorded in Volume 1, Page 363 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point for corner in the south right-of-way line of Granada Avenue (50' wide), said point be South 89'02'04" West along said south line a distance of 202.33' from the west right-of-way line of Key Street (50' wide); THENCE South 00'57'56" East a distance of 155.00' to a point for corner in the north line of a 15.00' wide alley right-of-way; THENCE South 89'02'04" West along said north line a distance of 20.00' to a point for cQrner; THENCE North 00'57'56" West a distance of 155.00' to a point for corner in said south line of Granada Avenue; THENCE North 89'02'04" East along said south line a distance of 20.00' to the POINT OF BEGINNING and containing 3,100 Square Feet or 0.0712 Acres, 'more or less. 192. 00052 10/01/93 09:10 987 5399 CITY UNIV PARK -~-,-* PEEK CENT, ER [~00'9/014 UTILITY EASEMENT II BLOCK E UNIVERSITY ANNEX ADDITION CITY OF UNIVERSITY PARK Being 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. 1361 and being part of Block E, University Annex, an addition to the City of. University Park according to the plat thereof recorded in Volume 1, Pg. 363 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a pgint for corner in the west right-of-way line of Key Street (50' wide) said point being South 00°47'07" East along said west line a distance of 155.00' from the south right-of-way line of Granada Avenue (50' wide) said point also being the intersection of said west line with the north line of a 15.00' wide alley right-of-way; THENCE South 00'47'07" East along said west line of Key Street a distance of 15.00' to a point for corner in the south line of said alley right-of-way; THENCE South 89°02'04'' West along the south line of said alley right-of-way a distance of 221.8.0' to a point for corner; THENCE North 00°57'56" West a distance of 15.00' to a point for corner in the north line of said alley right-of-way; THENCE North 89°02'04" East along said north line a distance of 221.84' to the POINT OF BEGINNING and continuing 3,327 Square feet or 0.0763 Acres, more or less. 192 00053 .I0/01/93 09:~10 , '~241 987 5399 CITY UNIV PARK 4~ PEEK CENTER ~010/014 UTILITY EASEMENT III A PART OF BINKLEY A~rENUE 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.1361 and also being part of Binkley Avenue (50' wide) and being more particularly described as follows: BEGINNING at a point for corner in the north right-of-way line of Binkley Avenue (50' wide) said point being South 89'02'04" West along said north line a distance of 141.42' from the west right-of- way line of Key Street (50' wide); THENCE South 00'47'07" East a distance of 19.21' to a point for corner; THENCE South 89'02'04" West parallel to said north line of Binkley Avenue a distance of 15.00' to a point for corner; THENCE North 00°47'07'' West a distance of 15.00' to a point for corner; THENCE North 00°47'07'' West a distance of 15.31' to a point for corner: THENCE North 68'57'54" West a distance of 10.40' to a point for corner in said north line of Binkley Avenue; THENCE North 89'02'04" East along said north line a distance of 24.65' to the POINT OF BEGINNING and containing 307 square feet or 0.0070 Acres, more or less. 9 i92 0005l 10/01/93 09:10 ~'241 987 5399 CITY UNIV PARK -*-*-~ PEEK CENTER ~0i,1/014 UTILITY EASEMENT IV BLOCK E UNIVERSITY ANNEX ADDITION CITY OF UNIVERSITY PARK Being 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. 1361 and being part of Block E, University Annex, an addition to the City of University Park according to the plat thereof recorded in Volume 1, Page 363 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point for corner in the north right-of-way line of Binkley Avenue (50' wide) said point being South 89°02'04'' West along said north line a distance of 141.42' from the west right-of- way line of Key.Street (50' wide); THENCE South 89'02'04" West along said north line of Binkley Avenue a distance of 24.65' to a point for corner; THENCE North 68'57'54" West a distance of 69.32' to a point for corner; THENCE South 21°02'06" West a distance of 28.01' to a point for corner in said north line of Binkley Avenue; THENCE South 89'02'04" West along said north line a distance of 21.57' to a point for corner; THENCE North 2L'02'06" East a distance of 109.72' to an angle point; THENCE 'North 00'57'56" West a distance of 53.29' to a point for corner in the south line of a 15.00' wide alley right-of-way: THENCE North 89'02'04" East along said south line a distance of 20.00' to a point for corner; T~ENCE South 00°57'56'' East a distance of 57.17' to an angle point; THENCE South 21'02'06" West a distance of 62.52' to a point for corner; THENCE South 68'57'54" East a distance of 89.87' to a point for corner; THENCE South 00°47'04" East a distance of 6.21' to the POINT OF BEGINNING and containing 4,527 Square Feet or 0.1039 Acres, more or less. 192 00055 i0/01/93 09:'11 '8241 987 5399 CITY UNIV PARK ~ PEEK CENTER ~012/014 UTILITY EASEMENT V A PART OF BINKLEY AVENUE 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 $curlock Survey Abstract No. 1361 and also being part of Binkley Avenue (50' wide) and being more particularly described as follows: BEGINNING at a point for corner in the north right-of-way line of said Binkley Avenue said point being South 89'02'04" West along said north line a distance of 99.42' from the intersection of said north line of Binkley Avenue with the northerly projection of the west right-of-way line of Key Street (50' wide): THENCE South 21'02'06" West a distance of 53.93' to a point for corner in the south right-of-way line of said Binkley Avenue; THENCE South 89°02'04'' West along said south line a distance of 21.57' to a point for corner; THENCE North 21'02'06" East a distance of 53.93' to a point for corner in said north line of Binkley Avenue; THENCE North 89'02'04" East along said north line a distance of 21.57' to the POINT OF BEGINNING and containing 1079 Square Feet or 0.0243 Acres, more or less. 9419£ 000'56 10/01/93 09:11 GOOD$ON ' ENGINEERS '~241 987 5399 CITY UNIV PARK -~-~-* PEEK CENTER ~0i.3/014 TEL:214-7;S9-6354 Jun 01,95 13:35 No.O12 P.02 UTILITY E~%SEM]~NT VI TOWN OF HIGHLAND PARK Being a tract or parcel of land situated in the Town of Highland Park, Dallas County, Texas and being part of the John Scurlock S~rvey AbBtract No. 1361 and being more particularly described as follows: BEGINNING at a point for corner in the we~t Fight-of-way line of Key Street (50' wide) said point being South 00'47'07" East along said west line a distance of 151.83' from the south right-of-way line of Binkley Avenue (50' wide); TKENCE South 00'47'0?" East along Baid west line a distanom of 55.85' to a point for corner; THENCE South 89'02'04" West a distance of 575.58' to a point for corner in the east right-of-way line of High School Avenue (50' wl~e); THENCE North 00'47'07" West along said east llne a distance of 20.00' to a point for corner; THENCE Nor:h 89'02'04" East a distance of 418.61' to a point for corner; THENCE North 00'57'56" West a dts~ance of 97.15' ~o an angle point'; THENCE North 21°02'06" East a distance of 43.91' to a point for corner in said south line of Binkley Avenue; THEN0~ No~th 8g'02'04" East along =ai~ gouth line a ~i~ance of 21.57' to a point for corner; T~ENCE South Z1'02'06" West a distance of 61.25' to an angle polnt; THENCE South 00'57'56" East a distance of 80.89' to a point for corner; THENCE North 89'02'04" East a distance of 72.47' to the beginning ~ a curve to the left; T~NOE in a northeasterly direction along said curve to the left having a radius of 85.00', a central angle of 54'51'13", a chord bearing of North 61°47'16'' ~ast and an arc length of 81.38' to the POINT OF BE~INNIN~ and containing 14,638 Squar~ Feet or 0.3360 Acres, more or less. '",, 9q, 192 '00057 10/01/93 09:11 8241 987 5399 CITY UNIV PARK ~ PEEK CENTER ~014/014 20' £SUT. 15' KEY STREET 16' 15' eSUT. ,50' R.O.VI. AR,I, NOONI4 E.l,llr iCLOYS ~.F. -- o.o24e &c;.I E~n~IBIT B STREET DEDICATION HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL CITY OF UNIVERSITY PARK, TEXAS October 18, 1993 Being a street dedication situated in the City of University Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361 and being more particularly described as follows: STREET DEDICATION - PART 1 BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the southerly line of Granada Street (50 feet right-of-way) with the westerly line of Key Street (50 feet right-of-way); THENCE South 00°47'07'' East along the west line of Key Street a distance of 22.00 feet to a point for corner; THENCE North 45°52'32'' West a distance of 14.12 feet to a point for corner; THENCE South 89°02'04'' West a distance of 693.00 feet to a point for corner; THENCE South 00°47'07'' East a distance of 363.00 feet to a point for corner, same point being on a common line between the City of University Park and the Town of Highland Park; THENCE South 89°02'04'' West along said common line between the City of University Park and the Town of Highland Park a distance of 14.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner in the east line of High School Road (50 feet right- of-way); THENCE North 00°47'07'' West along the east line of High School Road a distance of 375.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set in the south line of Granada Street; THENCE North 89°02'04'' East along the south line of Granada Street a distance of 717.00 feet to the POINT OF BEGINNING and containing 13,736 square feet or 0.3153 acres, more or less. STREET DEDICATION - PART 2 BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the northerly line of Binkley Avenue (50 feet right-of-way) with the westerly line of Key Street (50 feet right-of-way); 192 00059 THENCE South 89°02'04'' West along the nor%h line of Binkley Avenue a distance of 10.00 feet to a point for corner; THENCE North 44°02,04'' East a distance of 14.16 feet to a point for corner, same point being on the west line of Key Street; THENCE South 00°47'07'' East along the west line of Key Street a distance of 10.00 feet to the POINT OF BEGINNING and containing 50.00 square feet or 0.0011 acres, more or less. 192 000611 EXHIBIT B SANITARY SEWER AND SOUTHWESTERN BELL TELEPHONE EASEMENT HIGHI2~ND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL CITY OF UNIVERSITY PARK, TEXAS October 18, 1993 Being a Sanitary Sewer and Southwestern Bell Telephone Easement situated in the City of University Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361 and being more particularly described as follows: COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the southerly line of Granada Street (50 feet right-of-way) with the westerly line of Key Street (50 feet right-of-way); THENCE South 00°47'07'' East along the west line of Key Street a distance of 22.00 feet to the POINT OF BEGINNING, same point being a corner of future right-of-way; THENCE South 00°47'07'' East continuing along the west line of Key Street a distance of 148.00 feet to a point for corner; THENCE South 89°02'04'' West a distance of 15.00 feet to a point for corner;- THENCE North 00°47'07'' West a distance of 125.00 feet to a point for corner; THENCE North 45°52'32'' West a distance of 35.30 feet to a point for corner; THENCE South 89°02'04'' West a distance of 663.00 feet to a point for corner, same point being on the future east line of High School Road (39 feet from the centerline); THENCE North 00°47'07'' West along the future east line of High School Road a distance of 8.00 feet to a point for corner, same point being the intersection of future east line of High School Road with future south line of Granada Street (37 feet from the centerline); THENCE North 89°02'04'' East along the future south line of Granada Street a distance of 693.00 feet to a point for corner; THENCE South 45°52'32'' East a distance of 14.12 feet to the POINT OF BEGINNING containing 8,137 square feet or 0.1868 acres, more or less. 192 0006 ! EXHIBIT B 10 FEET WIDE WATER EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL CITY OF UNIVERSITY PARK, TEXAS October 18, 1993 Being a 10 Feet Wide Water Easement situated in the City of University Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 10 Feet Wide Water Easement BEGINNING at South 00°47,07'' East a distance of 14.09 feet from a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the northerly line of Binkley Avenue (50 feet right-of-way) with the westerly line of Key Street (50 feet right-of-way); THENCE South 89°12'53'' West a distance of 66.42 feet; THENCE North 00°47'07'' West a distance of 62.67 feet. 00062 E~IBIT B 10 FEET BY 10 FEET SANITARY SEWER EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEXAS October 18, 1993 Being a 10 Feet by 10 Feet Sanitary Sewer Easement situated in the Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 10 Feet by 10 Feet Sanitary Sewer Easement COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the southerly line of Granada Street (50 feet right-of-way) with the easterly line of High School Road (50 feet right-of-way); THENCE South 00°47'07'' East a distance of 398.05 feet; THENCE North 89°12'53'' East a distance of 14.00 feet to the BEGINNING OF CENTERLINE OF EASEMENT, same point being on the future east line of High School Road (39 feet from the centerline); THENCE North 89°12'53'' East a distance of 10.00 feet~ 9/,'192 00063 EXHIBIT B 20 FEET WIDE UTILITY AND DRAIN]%GE E]%SEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL CITY OF UNIVERSITY PARK TOWN OF HIGHLAND PARK TEXAS October 18, 1993 Being a 20 Feet Wide Utility and Drainage Easement situated in the city of University Park, and Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 20 Feet Wide Utility and Drainage Easement COMMENCING at a 1/2" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the southerly line of Granada Street (50 feet right-of-way) with the easterly line of High School Road (50 right-of-way); THENCE South 00°47'07'' East a distance of 522.34 feet; THENCE North 89°12'53'' East a distance of 14.00 feet to the BEGINNING OF CENTERLINEOF EASEMENT, same point being on the future east line of High School Road (39 feet from the centerline); THENCE North 89°12'53'' East a distance of 453.10 feet to a point at the beginning of a non-tangent curve to the left; THENCE in a northerly and northeasterly direction along said curve to the left having a radius of 100.00 feet, a central angle of 67°50'35'', an arc length of 118.41 feet, a chord bearing of North 37°05'48'' East and a chord length of 111.61 feet to a point at the end of said curve to the left; THENCE North 03°11'42'' East a distance of 6.12 feet to a point at the beginning of a curve to the right; THENCE in a northerly and northeasterly direction along said curve to the right having a radius of 100.00 feet, a central angle of 48°59'41'' and an arc length of 85.51 feet to a point at the end of said curve to the right, same point being on the west line of Key Street (50 feet right-of-way), and the 20 Feet Wide Easement (10 feet on each side from the centerline) being ended at the west line of Key Street. 192 0006 15 FEET BY 15 FEET WATER EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEX~S October 18, 1993 Being a 15 Feet by 15 Feet Water Easement situated in the Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 15 Feet by 15 Feet Water Easement BEGINNING at North 89°12'53'' East a distance of 279.15 feet from the beginning of the centerline of the 20 Feet Wide Utility and Drainage Easement; THENCE North 00°47'07'' West a distance of 25.00 feet. 9 192 00065 EXHIBIT B 15 FEET BY 30 FEET WATER EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEX~S October 18, 1993 Being a 15 Feet by 30 Feet Water Easement situated in the Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 15 Feet by 30 Feet Water Easement BEGINNING at North 89°12'53'' East a distance of 294.15 feet from the beginning of the centerline of the 20 Feet Wide Utility and Drainage Easement; THENCE North 00°47'07'' West a distance of 40.00 feet. 94192 00066,, EXHIBIT B 15 FEET BY 25 FEET WATER EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEXAS October 18, 1993 Being a 10 Feet by 25 Feet Wide Water Easement situated in the Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 13'61, and being more particularly described as follows: The centerline of a 10 Feet by 25 Feet Water Easement BEGINNING at North 89°12'53'' East a distance of 388.19 feet from the beginning of the centerline of the 20 Feet Wide Utility and Drainage Easement; THENCE North 00°47'07'' West a distance of 35.00 feet. 94192 00067 EXHIBIT B 15 FEET WIDE UTILITY EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEXAS October 18, 1993 Being a 15 Feet Wide Utility Easement situated in the Town of Highland Park, Dallas County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 15 Feet Wide Utility Easement COMMENCING at the beginning of the centerline of the 20 Feet Wide Utility and Drainage Easement; THENCE North 89°12'53'' East a distance of 453.10 feet to a point at the beginning of a non-tangent curve to the left; THENCE in a northerly and northeasterly direction along said curve to the left having a radius of 100.00 feet, a central angle of 07°38'55'', an arc length of 13.35 feet, a chord bearing of North 67o11,43'' East and a chord length of 13.34 feet to the BEGINNING OF THE CENTERLINE OF EASEMENT; THENCE North 89°12'53'' East a distance of 96.11 feet to a point in the west line of Key Street (50 feet right-of-way). 94192 00068 EXHIBIT _B 15 FEET WIDE DRAINAGE EASEMENT HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT MIDDLE SCHOOL TOWN OF HIGHLAND PARK, TEXAS October 18, 1993 Being a 15 Feet Wide Drainage Easement situated in the Town of Highland Park, DallaS County, Texas in the John Scurlock Survey, Abstract No. 1361, and being more particularly described as follows: The centerline of a 15 Feet Wide Drainage Easement COMMENCING at the beginning of the centerline of the 20 Feet Wide Utility and Drainage Easement; THENCE North 89°12'53'' East a distance of 453.10 feet to a point at the beginning of a non-tangent curve to the left; THENCE in a northerly and northeasterly direction along said curve to the left having a radius of 100.00 feet, a central angle of 45°55'40'', an arc length of 80.16 feet, a chord bearing of North 48°03'21'' East and a chord length of 78.03 feet to the BEGINNING OF THE CENTERLINE OF EASEMENT; THENCE North 89°12'53'' East a distance of 49.73 feet to a point in the west line of Key Street (50 feet right-of-way). 94192 00069 HIGH SCHOOL RD. ~ 37~.oo,-.~,.~ NOO'47°OT"W -' 10e0.01' ~ il HIGH I SCHOOL RD. 14.' DF'DICATED F'OR STR£ET ~.O.W. "' RAYMOND L. GOODSON JR.. INC. SCHOOL ROAD HIGH 14";~£DIC. ATED FOR - . - Z i'57 !~!½' '-I 15S' ~. 10' WATER ESMT. N00'47'07" W-62.67' ~ I0' L.S.G. ESMT. KEY- STREET AYMONO L. GOODSON JR., INC. EXHIBIT "B" 10' WATER ~ Oi[DtC.,A~ --.-. Noo'47'o'/" w- lea,~R' ~ 155' I[ HIGH. SCHOOL ROAD 1~0'4~7'W- 1oeo.el' .I POINT,. OF BEGINNING I-- -- -- KEY STREET ~ :s' o~,,,,:c £sur. RAYMOND L. GOODSON JR., INC. EXHIBIT"B" 10'xlO' 155' HIGH SCHOOL ROAD KEY STREET BEGINNINGm%ror , _ ~o~.~' 522.59't ' -- - 14'~:bEDiCATED FOR STREET R.O.W. NO,Y 11 '42" E I 6.12' Ct. 15' UTlUTY ESMT. EXHIBIT "B" '~ 20" UTII, dTY 6 ORql,~ F..~ENT DE~TION ,jOHN ~ lURVEy ~aStrt~CT #0. 13el RAYMOND L. OOODSON JR.. INC. 10' WATER ESMT. KEY STREET RAYMOND L. GOODSON JR., INC. HIGH SCHOOL ROAD 10~(3,.81' Z-~lo 0 i'"q 363.00' 147 DEDICATED FOR 0 J...33i:LLS i::lOJ 03J.W.)I030 .t,[ ,00T9£ .s~.c,: .. '3NI "Ell' NOSO00O '"1 ONOIflAVEI Jl ~H£S '1 GVOH TOOHDS HO£H ,00'~6~ 'J~S3 U3.LVM .or -b .El..I. IEIIHX3 ~, m m m,~.-,:~.... J~ 'ONI "~ NOSOOOO '-I ONO~AV~ 'M'O'~ J.]3~LI.S ~OJ (]31¥g1~30 .Vt t ..~o'8~ .. / ,00'~'9~' .?.;; .. I T- 70OHOS 494.71' SCHOOL 124..2..9' '' ROAD 'i KEY STREET RAYMOND L. (300DSON JR., INC. 14. ~,8.o?:, / !57 '..,'.5.2' EXHIBIT "B" 15~ UTILITY EAS~ ~TION L'-i 5 ' 293.00' 494.7 ! ' HIGH SCHOOL ROAD STREET RAYMOND L. GOODSON JR., INC. CONSULTING ENGINEERS CERTIFICATE OF CITY SECRETARY STATE OF TEXAS : COUNTY OF DALLAS : CITY OF UNIVERSITY PARK I, BOBBIE H. SHARP, City Secretary of the City of University Park, Texas, a municipal corporation, in the performance of the functions of my office, hereby certify that the attached is a true and correct copy of City of University Park Ordinance No. 93-15, having been passed and approved by the City Council of the City of University Park, Texas on the 1st day of June, 1993 and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF THE CITY OF UNIVERSITY PARK, TEXAS this the 2nd day of September, A.D. 1994. Bobbie H. Sharp, City Secretary City of University Park, Texas 9 192 00080 '8000 ORDINANCE NO. 93/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE 93/14 TO DELAY THE EFFECTIVE DATE OF A PORTION THEREOF UNTIL MAY 15, 1994; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance 93/14 be, and the same is hereby, amended by amendincj Section 1 to delay the deletion of Subsections (2)(b) and (c) from Section 19-1 of the University Park City Code until May 15, '1994. 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 16th day of June , 1993. APPROVED: ATTEST: ~PROVED AS TO~ORM: ~ CITY A'I-rORNEY (RLD\mts) CITY SECRETARY ORDINANCE NO. 93 - 17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS BERETOFORE AHENDED, PLANNED DEVELOPMENT DISTRICT NO. 15 BY APPROVAL OF AN AMENDED CONCEPTUAL SITE PLAN FOR THE UNIVERSITY PARK ELEMENTARY SCHOOL AT 3505 AMHERST, UNIVERSITY PARK, D~T.T~ COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS LOTS 1-26, BLOCK C, OF THE UNIVERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOIJJME 3, PAGE 383 OF THE ~ RECORDS OF D~T.T~%S COUNTY, TEXAS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALT. ORDINANCES IN CONFLICT; PROVIDING A SEVERABII~TY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOT.T~,RS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of th~ 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 and Map of the City of University Park, Texas, as heretofore amended, be, and the same are 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 Site Plan for Planned Development District No. 15 is subject to the following special conditions. (a) That the three portable buildings depicted on Exhibit "A" will be removed from the property by the property owner not later than September 1, 1995; (b) That the property owner limit entrance to the new gymnasium to the south or Lovers Lane entrance after school hours; (c) That the property owner direct and require that persons engaged in activities other than school district activities in the gymnasium park in the public parking areas on Lovers Lane; and (d) That the Detailed Site Plan depict an additional twenty parking spaces of standard size on the north side of Lovers Lane between Thackeray and Dickens, provided that such parking spaces shall not be required to be constructed by the property owner until two years after completion of the gymnasium and issuance of a certificate of occupancy for its use. 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 6th day of July , 1993. APPROVED: ATTEST: t~k~CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" THACKERAY DICKENS EXHIBIT "A" RENOVATION AND ADDITION EXHIBIT "A" -_ UNIVERSITY PARK ELEMENTARY SCHOOL RENOVATION AND ADDITION · .% ORDINANCE NO. q~/18 ~ OI~/)INANC~ OF ~ CITY O~ UNI~ITY PA.RI(, T~, G~ING A T.I'OF_.NSE FO~THE US~ O~ Pr~JBLIC ~IG~-O~-WAY~ ~OVIDING CONDITIONS~ P~O%"IDING ~O~ TER.-~INATION BY ~ CITY~ ~ROVIDING FO~ MAI:EKING MAINT~NANC~ ~D P~OVIDINGAN EFFE~IVE DATE. WHEREAS, the City of University Park has a small area of street right-of-way adjacent to the current lanes of Hillcrest; and WHEREAS, the City Council desires to grant a license to the abutting property owners for the use of such right-of-way for parking; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFUNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby granted a license for the use of the street right-of-way described and depicted in Exhibit "A" attached hereto and made part hereof for all purposes in favor of the abutting owners on Hillcrest identified below. SECTION 2. That such license is granted subject to the following conditions: (a) That this is a license for the temporary use of the street right-of-way by the abutting owners for private parking purposes. (b) That this license is terminable at will by the City Council of the city of University Park, Texas. (c) That the area to be used for parking and described herein shall be appropriately marked for standard full size parking spaces as required by the Comprehensive Zoning Ordinance of the city of University Park. (d) That the area licensed hereby shall at all times during the period of this license be maintained by the abutting owners at their sole expense. (e) That no use of the licensed area shall interfere with traffic, either on Hillcrest or in the parking areas belonging to adjacent merchants on Hillcrest. (f) That the below named licensees hereby indemnify and hold harmless the City of University Park for any claim or damages arising out of or in any way connected with their use of the licensed premises for the purposes described herein. (g) That the licensed area shall be used only for customer vehicle parking by the abutting owners. The abutting owners shall not use the licensed area for the parking of (h) (i) their commercial vehicles or for the storage of any personal property. The licensees shall erect no structures of any kind in the licensed area. Any signs to be placed in the licensed area to regulate traffic or parking or to give notice that vehicles are subject to removal if unauthorized shall comply with all state law. If any of the licensees undertake to remove privately owned vehicles from the licensed area, such removal shall be at the property owner's expense and under such rights and obligations as attach to a licensee of real property. SECTION 3. Notwithstanding any provision of this ordinance, the City of University Park maintains its ownership and control of the licensed area as street right-of-way for Hillcrest and this license grants no lease or other property interest to the abutting owners in such right-of-way except as specifically stated herein. SECTION 4. This ordinance shall not take effect unless and until all the private property owners abutting the described premises shall have acknowledged acceptance of the license and the conditions hereof by affixing their signatures to a duplicate copy of this ordinance and returning it to the City Secretary of the City of University Park. 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 6th day of July , 1993. ATTEST: ~O~ED AS TQ /-~ ~CITY SECRETARY CITY ATTORNEY The provisions of Ordinance No. ~ are accepted by the undersigned abutting property owners. ADDRE S S ADDRESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS The provisions of Ordinance No. ~3-18 undersigned abutting property owners. are accepted by the ADDRESS ADDRESS ADDRESS ~., ~. ADDRESS NAME ADDRESS NAME ADDRESS The provisions of Ordinance No. 93-18 undersigned abutting property owners. NA~,~E NAME are accepted by the ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS ORDINANCE NO. 9 3 / 19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY; PROVIDING CONDITIONS; PROVIDING FOR TERMINATION BY THE CITY; PROVIDING FOR MARKING AND MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park has a small area of street right-of-way adjacent to the current lanes of Hillcrest; and WHEREAS, the City Council desires to grant a license to the abutting property owners for the use of such right-of-way for parking; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby granted a license for the use of the street right-of-way described and depicted in Exhibit "A" attached hereto and made part hereof for all purposes in favor of the abutting owners on Hillcrest identified below. SECTION 2. That such license is granted subject to the following conditions: (a) That this is a license for the temporary use of the street right-of-way by the abutting owners for private parking purposes. (b) That this license is terminable at will by the city Council of the city of University Park, Texas. (c) That the area to be used for parking and described herein shall be appropriately marked for standard full size parking spaces as required by the Comprehensive Zoning Ordinance of the city of University Park. (d) That the area licensed hereby shall at all times during the period of this license be maintained by the abutting owners at their sole expense. (e) That no use of the licensed area shall interfere with traffic, either on Hillcrest or in the parking areas belonging to adjacent merchants on Hillcrest. (f) That the below named licensees hereby indemnify and hold harmless the City of University Park for any claim or damages arising out of or in any way connected with their use of the licensed premises for the purposes described herein. (g) That the licensed area shall be used only for customer vehicle parking by the abutting owners. The abutting owners shall not use the licensed area for the parking of (h) (i) their commercial vehicles or for the storage of any personal property. The licensees shall erect no structures of any kind in the licensed area. Any signs to be placed in the licensed area to regulate traffic or parking or to give notice that vehicles are subject to removal if unauthorized shall comply with all state law. If any of the licensees undertake to remove privately owned vehicles from the licensed area, such removal shall be at the property owner's expense and under such rights and obligations as attach to a licensee of real property. SECTION 3. Notwithstanding any provision of this ordinance, the City of University Park maintains its ownership and control of the licensed area as street right-of-way for Hillcrest and this license grants no lease or other property interest to the abutting owners in such right-of-way except as specifically stated herein. SECTION 4. This ordinance shall not take effect unless and until all the private property owners abutting the described premises shall have acknowledged acceptance of the license and the conditions hereof by affixing their signatures to a duplicate copy of this ordinance and returning it to the City Secretary of the City of University Park. 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 6th day of July , 1993. APPROVED: ATTEST: ~.~-' A~RO~ED A~ T0~O.~W~ CITY ATTORNEY CITY SECRETARY The provisions of Ordinance No. 93-19 undersigned abutting property owners. are accepted by the NAME AD DRE S S ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS AGGO~,268 ORDINANCE NO. 9 3 / 2 0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A LICENSE FOR THE USE OF PUBLIC RIGHT-OF-WAY; PROVIDING CONDITIONS; PROVIDING FOR TERMINATION BY THE CITY; PROVIDING FOR MARKING AND MAINTENANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park has a small area of street right-of-way adjacent to the current lanes of Hillcrest; and WHEREAS, the city Council desires to grant a license to the abutting property owners for the use of such right-of-way for parking; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby granted a license for the use of the street right-of-way described and depicted in Exhibit "A" attached hereto and made part hereof for all purposes in favor of the abutting owners on Hillcrest identified below. SECTION 2. That such license is granted subject to the following conditions: (a) - (b) That this is a license for the temporary use of the street right-of-way by the abutting owners for private parking purposes. That this license is terminable at will by the City Council of the City of University Park, Texas. (c) That the area to be used for parking and described herein shall be appropriately marked for standard full size parking spaces as required by the Comprehensive Zoning Ordinance of the City of University Park. (d) That the area licensed hereby shall at all times during the period of this license be maintained by the abutting owners at their sole expense. (e) (f) That no use of the licensed area shall interfere with traffic, either on Hillcrest or in the parking areas belonging to adjacent merchants on Hillcrest. That the below named licensees hereby indemnify and hold harmless the city of University Park for any claim or damages arising out of or in any way connected with their use of the licensed premises for the purposes described herein. (g) That the licensed area shall be used only for customer vehicle parking by the abutting owners. The abutting owners shall not use the licensed area for the parking of (h) (i) their commercial vehicles or for the storage of any personal property. The licensees shall erect no structures of any kind in the licensed area. Any signs to be placed in the licensed area to regulate traffic or parking or to give notice that vehicles are subject to removal if unauthorized shall comply with all state law. If any of the licensees undertake to remove privately owned vehicles from the licensed area, such removal shall be at the property owner's expense and under such rights and obligations as attach to a licensee of real property. SECTION 3. Notwithstanding any provision of this ordinance, the city of University Park maintains its ownership and control of the licensed area as street right-of-way for Hillcrest and this license grants no lease or other property interest to the abutting owners in such right-of-way except as specifically stated herein. SECTION 4. This ordinance shall not take effect unless and until all the private property owners abutting the described premises shall have acknowledged acceptance of the license and the conditions hereof by affixing their signatures to a duplicate copy of this ordinance and returning it to the City Secretary of the City of University Park. 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 6th day of July , 1993. APPROVED ~TTEST: CITY SECRETARY CITY ATTORNEY The provisions of Ordinance No. undersigned a~owners. 93-20 are accepted by the ADDRESS ADDRESS ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS AGG04268 ~ury ORDINANCE NO. 9 3 / 21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CITY CODE BY AMENDING CHAPTER 3, SECTION 14, SUBSECTIONS A, C, AND L, TO REGULATE SIDEWALK CONSTRUCTION AND REPAIR; REGULATING CURB CUTS; PROVIDING AN APPEALS PROCESS; 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 14, of the University Park City Code be, and the same is hereby, amended in part by amending subsections A, C, and L as follows: "Section 14: SIDEWALK CONSTRUCTION AND REPAIR A. (1) Definitions: (a) The term "sidewalk" as used in this section shall include pedestrian sidewalks and, where permitted or required to be constructed in connection with the sidewalk: curbs, combination curb and gutter, driveways, approaches, and parking areas. (b) The term "parkway" as used in this section shall mean the landscaped area in the City right-of-way between the edge of the pedestrian sidewalk and the back of the curb. (2) Purpose: The following section is established to promote the general, health, safety and welfare of the city and its citizens. The general intent of this section is to provide straight, uniform pedestrian sidewalks on the City right-of-way with the maximum amount of parkway. (3) General Requirements; Variances; Appeals: (a) New pedestrian sidewalks shall be placed in line with existing pedestrian sidewalks on the block or adjacent blocks. Ail pedestrian sidewalks shall be a minimum of four feet (4') wide. Ail sidewalks, curbs, combination curb and gutter, driveways, approaches and parking areas shall be constructed to the City's standard specifications for construction. ItC. (b) The Director of Public Works or his designee may vary the location of the pedestrian sidewalk if, in his opinion, construction of a pedestrian sidewalk strictly complying with the requirements of this section would permanently damage or cause the removal of a tree identified on the Parks Department approved list of trees, which list is incorporated herein by reference, or would cause an unsafe condition due to the pedestrian sidewalk's proximity to a street or to an intersection. (c) The decision of the Director of Public Works or his designee with regard to the placement of a pedestrian sidewalk may be appealed to the Board of Adjustment of the City of University Park by the property owner affected by such decision." Permit Required for Curb Breakouts; Appeal (1) . . . (2) In commercial and retail areas, in addition to adhering to the requirements of subsection (B) of this section and the Zoning Ordinance, all requests for curb breakouts shall be approved only after a complete traffic study by the Department of Public Works of the City of University Park. Curb breakouts shall be limited in size, location,number and direction, depending upon the traffic conditions of the street necessitating such curb cuts. The Director of Public Works or his designee shall determine the size, location, number and direction of such curb cuts; however, no person shall be denied the right to ingress and egress to and from his property, and the decision of the Director or his designee may be appealed by the affected property owner to the Board of Adjustment of the City of University Park." "L. Appeals (1) In the event the applicant for a building permit desires to appeal the decision of the Building Official in refusing to grant a building permit without provision of the improvements required by Section K above, he shall make a written request for a hearing to the City Council within five (5) days after denial of such permit. Such hearing shall be set at a subsequent City Council meeting, consistent with notice as required under the open meeting statutes of the State of Texas. The applicant shall be delivered a written notice of such hearing in person or by certified mail, detailing the date and hour he shall appear in person to present his case. (2) The City Council may uphold the denial of the permit, may order the permit to be issued by the Building official, or may render any such other order which may seem proper after conducting the hearing." SECTION 2. That all ordinances in conflict with the provisions of this ordinance and the University Park City Code as amended hereby be, and the same are hereby, repealed, and all other provisions of the ordinances of the City and the University Park city Code 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 thereof held to be unconstitutional, illegal or invalid, and the same shall not affect the validity of the University Park City Code 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 3rd day of August , 1993. APPROVED: ATTEST: '~'~ROVED AS TO FORM: CITY SECRETARY AGG04539 ORDINANCE NO. 93 / 22 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 LOTS 1-28, BLOCK E, IN THE UNIVERSITY ANNEX ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DAT.T~%S COUNTY, TEXAS, RECORDED IN VOLUME 1, PAGE 363, OF THE MAP OR PLAT RECORDS OF DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 6100 HIGH SCHOOL; DESIGNATING MCCULLOCH MIDDLE SCHOOL AS PLANNED DEVELOPMENT DISTRICT NO. 19; APPROVING SITE PLANS; PROVIDING CONDITIONS; PROVIDING FOR THE REPEAL OF ;~L?. 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 the 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 Planned Development District No. 19 for Arch H. McCulloch Middle School, on the property described as Lots 1-28, Block E, of the University Annex Addition, an addition to the City of University Park, Dallas County, Texas, as recorded in Volume 1, Page 363, of the Map or Plat Records of Dallas County, Texas, and more commonly known as 6100 High School. SECTION 2. That the Conceptual Site Plans setting forth the land uses proposed for the property are attached hereto as Exhibit "A" collectively and made part hereof for all purposes, the same as if fully copied herein. That such Conceptual Site Plans contain the data required by Section 22-300 of the Comprehensive Zoning Ordinance of the city of University Park. 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. That the granting of this Planned Development District is subject to the following special conditions: A. That the Highland Park Independent School District, owner of the property ("District") will submit a detailed landscape plan, illustrating phasing of improvements, to the City Council of the City of University Park for review and approval prior to the issuance of the building permit. B. That the District will provide a minimum thirty (30) minutes staggering schedule between arrival and release Co Ee Fe times of the fifth/sixth and the seventh/eighth grades at all times. That 204 on-site parking spaces will be provided. That the District will submit a final subdivision plat in accordance with the laws of the State of Texas for review and approval by the Planning and Zoning Commission of the City of University Park. That in such plat, the District will dedicate right-of-way to the City of University Park consisting of ten feet (10') of additional right-of-way adjacent to the south right-of-way line of Granada Street, on the north side of the school site, and an additional fourteen feet (14') of right-of-way adjacent to the east right-of-way line of High School, on the west side of the school site. That such additional street right-of-way will also be shown on the Detailed Site Plan required hereby. That the District will construct the additional ten feet (10') of street and/or parking lanes for High School and Granada as required by this section. Such construction shall be in accordance with construction drawings approved by the Director of Public Works and shall be in accordance with standard City specifications for the construction of streets. A committee consisting of the Mayors of University Park and Highland Park and the President of the Highland Park Independent School District Board of Trustees will meet periodically to evaluate and make recommendations Go He Je K® Lo regarding changes in traffic control and circulation around the school site and in parking on the school site and in the vicinity thereof during the first five (5) years following occupancy of the new school. That all lighting on the site shall be designed to minimize glare and carry over onto adjacent property. All fencing shall be painted or coated black or dark green to reduce visibility. The entire campus, rights-of-way, and playing field shall be irrigated with a permanent sprinkler system with an electronic controller. A routing plan shall be developed by the District for delivery of materials and supplies during development of the new school. Such plan will be submitted to and approved by the Director of Public Works. A parking plan shall be developed by the District for parking of all private and construction vehicles on-site during development of the new school. Such plan will be submitted to and approved by the Director of Public Works. Fence height around the planned tennis courts shall be limited to twelve feet (12'). Backstops for the baseball fields shown on the site plan shall be limited to twenty feet (20') in height. The District shall provide four feet (4') play field fences adjacent to the Binkley right-of-way and the Key Street right-of-way from the parking lot north to Granada. All lighting for the site shall be shown on the Detailed Site Plan. No portion of the exterior athletic fields may be lighted. Parking lot light standards shall not exceed twenty feet (20') in height. SECTION 4. 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 5. 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 thereof decided to be unconstitutional, illegal or invalid, and the same 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 or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the city of University Park, Texas, 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 is continued 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 3rd day of August , 1993. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY AGGO45.~E GRANADA AVENUE ONE WAY-~ o~ ~" WAY BINKLEY ~. ONi~ WAY NOP, MANDY AVENUE GRANADA AYF_J~OE JL JL J NOI~&ANDY AV~I'~J~ BINKLEY GRANADA AV~2qUE NOR~,~ANDY AVENUE GI~ADA AVENUE J[ J[ L NORMANDY AVENUE -'1 BINKLEY AVENUE J ~U L.J ~ . JL.D~ J~ JL J~ AV~,NU~. ~N~- ~^¥ -e ri WAY ih'° ~. 0N~- ~ I N~P6Y ~AY ORDINANCE NO · 93 / 23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK AS HERETOFORE ~DED, BY AMENDING SECTION 9-501(3) OF APPENDIX A, THE ZONING ORDINANCE, TO THE UNIVERSITY PARK CITY CODE; ESTABLISHING A FRONT YARD SETBACK IN A RESIDENTIAL BLOCK BASED ON THE AVERAGE SETBACK OF ALL BUILDINGS IN THE BLOCK; 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 ($2,000.00) DOT.?~RS 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 Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 9-501(3) to read as follows: "(3) If buildings in a residential block have observed an average setback which is greater or less than the required front yard established for the district, the average front yard of all buildings in the block shall establish the minimum required front yard. Any vacant lot or lot on which a structure is to be demolished or removed shall be assumed to have a setback equal to the average setback for that block for purposes of computing the average setback. In calculation of the average of the block, all buildings will be used to establish an initial average and then any structure observing a setback greater than ten feet or less than ten feet from the initial average will not be used in computing the final block average." SECTION 2. 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 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 thereof decided to be unconstitutional, illegal or invalid, 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 or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the city of University Park, Texas, 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 is continued 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 August , 1993. APPROVED: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY AGG04531 ORDINANCE NO. 93/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE ALLEY RIGHT-OF-WAY BETWEEN SMU BOULEVARD AND BINKLEY AVENUE FROM BOEDEKER STREET TO U.S. HIGHWAY 75 (CENTRAL EXPRESSWAY) AND A PORTION OF THE STREET RIGHT-OF-WAY OF BOEDEKER STREET BETWEEN BINKLEY AVENUE AND SMU BOULEVARD TO THE ABUTrlNG OWNER IN CONSIDERATION OF THE DEDICATION OF STREET, WATER AND SEWER RIGHTS-OF-WAY AND EASEMENTS ON VARIOUS TRACTS ADJACENT TO THE SOUTHBOUND FRONTAGE ROAD OF CENTRAL EXPRESSWAY AND DEDICATION OF A SANITARY SEWER AND WATER MAIN EASEMENT IN THE FORMER RIGHT-OF-WAY OF BOEDEKER STREET BETWEEN BINKLEY AVENUE AND SMU BOULEVARD, ALL OF SUCH PARCELS BEING MORE PARTICULARLY DESCRIBED AS TRACTS 1-7 ATTACHED HERETO AS EXHIBITS; DETERMINING THE FAIR MARKET VALUE OF EACH TRACT EXCHANGED; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY 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 certain street and alley rights-of-way described herein are no longer needed or necessary for street or alley or for public utility purposes by the City; and WHEREAS, the City desires to abandon such interests to the abutting owner in consideration of the dedication of street rights-of-way and water and sewer easements as described herein; and WHEREAS, the City has secured an appraisal of the interests being conveyed by each party, and such exchange is based upon the fair market value of the interests being conveyed and received 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 dedication of street right-of-way and/or ORDINANCE - Page 1 AGG04554 easements for public street, alley, landscape, screening wall, water, sanitary sewer, and storm sewer uses on Tracts 1, 2, 3, and 4, the metes and bounds descriptions of which are attached hereto as Exhibits and made part hereof for all purposes, and for the dedication of a sanitary sewer and water main easement on the property described as Tract 7 in the Exhibit attached hereto and made part hereof for all purposes, by Southern Methodist University, the owner of such Tracts, the City of University Park hereby abandons and quitclaims in favor of Southern Methodist University, the abutting owner, all those certain tracts or parcels of land more particularly described in Tracts 5 and 6, the metes and bounds descriptions of which are attached hereto as Exhibits and made part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the rights being abandoned in the property described herein consist of the street right-of-way of Boedeker Street between Binkley Avenue and SMU Boulevard and a fifteen (15) foot wide alley easement between Yale Boulevard (now SMU Boulevard) and Binkley Avenue from Boedeker Street to US Highway 75 (Central Expressway). SECTION 3. That the City of University Park does not abandon any other interest other than that described in the Exhibits and in Sections 1 and 2 above, but does hereby abandon all of its right, title or interest either in fee simple or by easement, or otherwise, in the described Tracts 5 and 6, together with any and all improvements thereon. SECTION 4. That upon delivery of appropriate deeds by Southern Methodist University to the ORDINANCE - Page 2 AGG04554 City of University Park for the interests being exchanged hereby, the City Secretary is directed to prepare a certified copy of this Ordinance and furnish the same to the President of Southern Methodist University, and recording of this abandonment Ordinance in the real property records of Dallas County, Texas, shall serve as a Quitclaim Deed of the City of University Park, Texas, to Southern Methodist University of such right, title or interest of the City of University Park in and to Tracts 5 and 6 described herein, either in fee simple or by easement, or otherwise. SECTION 5. The City Council of the City of University Park hereby finds and determines that the City has secured an appraisal of the interests being conveyed by each party, and such exchange is based upon the fair market value of the interest being conveyed and received by the City according to such appraisal, and the interests being received by the City have an equivalent or greater value than the interests being conveyed by the City to Southern Methodist University. 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 August, 1993. APPROVED: ORDINANCE - Page 3 AGG04554 ATTEST: APPROVED AS TO F~ORM: ,, £% City Attorney - City-Secretary~ ORDINANCE - Page 4 AGG04554 EXHIBIT A STREET EASEMENT LOTS 12, 13 AND 14, BLOCK 5 EAST UNIVERSITY PLACE ADDITION UNIVERSITY PARK, TEXAS Being a tract of land situated in the City of University Park, Dallas County, Texas and being a part of Lots 12, 13 and 14, Block 5, East University Place Addition, an addition to the City of University Park as recorded in Volume 5, Page 71 of the Deed Records -of Dallas County, Texas and being more particularly described as follows: BEGINNING at an aluminum highway marker found at the intersection of the northerly line of a 15 foot wide alley in Block 5 with the westerly line of U.S. Highway 75 (Central Expressway) as widened; THENCE South 89°59'34'' West along the north line of said 15 foot wide alley a distance of 57.35 feet to a point for corner; THENCE leaving the north line of said 5 foot wide alley North 55°27'45'' East a distance of 30.99 feet to a point for corner; THENCE North 20°55'55'' East parallel with and 36 feet westerly from the westerly line of U.S. Highway 75 (Central Expressway) as widened a distance of 136.05 feet to a point for corner; THENCE North 32°39'40'' West a distance of 18.24 feet to a point for corner in the southerly line of Binkley Avenue (50 feet right-of- way); THENCE North 89°59'34'' East along the southerly line of Binkley Avenue a distance of 24.43 feet to an aluminum highway marker found at the intersection of the said southerly line of Binkley Avenue with the cut-off line between the said southerly line and the westerly line of U.S. Highway 75 (Central Expressway) as widened; THENCE South 32°39'40'' East along said cut-off line a distance of 34.62 feet to an aluminum highway marker found for corner; THENCE South 20°55'55'' West along the westerly line of U.S. Highway 75 (Central Expressway) as widened a distance of 140.10 feet to the POINT OF BEGII~NING and containing 6,018 square feet or 0.1381 acres more or less. SCALE: l' - 20' ,~..~ ,~Z- .~C~,~.,~BEGINNING ,~'S"/'~ ~ o,' EXHIBIT B BEARINGS ~SED ON SDHPT TAKE PARCELS. RAYMOND L C,(X)DSON JR.,INC. CONSULTING ENGINEERS 10440 N. CENTRAL EXPWY.. SUITE 600 1 2-4--92 DALLAS , TEXAS 75231 214/739-8100 EXHIBIT A STREET EASEMENT LOTS 9, 10 AND 11 BLOCK 3 EAST UNIVERSITY PLACE ADDITION UNIVERSITY PARK, TEXAS Being a tract or parcel of land situated in the City of University Park, Dallas County, Texas and being a part of Lots 9, 10 and 11, Block 3 of East University Place Addition, an addition to the City of University Park as recorded in Volume 5, Page 71 of the Deed Records of Dallas County, Texas and being more particularly described as follows; BEGINI~ING at an aluminum highway marker found for corner at the intersection of the westerly line of U.S. Highway 75 (Central Expressway) as widened with the cut-off line between said westerly line and the northerly line of Binkley Avenue (50 feet right-of- way); THENCE South 78'43'45" West along said cut-off line a distance of 50.99 feet to a point for corner; THENCE North 38°55'43'' East a distance of 23.13 feet to a point for corner; THENCE North 20°55'55'' East a distance of 41.88 feet to a point for corner; THENCE South 69°04'05'' East a distance of 17.16 feet to a point for corner; THENCE North 25°10'27'' East parallel with and 21.50 feet westerly from the westerly line of U.S. Highway 75 (Central Expressway) as widened a distance of 120.34 feet to a point for corner in the southerly line of a 15 foot wide alley; 'THENCE North 89°59'34'' East along the southerly line of said 15 foot wide alley a distance of 23.76 feet to an aluminum highway marker found in the westerly line of U.S. Highway 75 (Central Expressway) as widened; THENCE South 25°10'27'' west along the westerly line of U.S. Highway 75,(Central Expressway) as widened a distance of 165.66 feet to the POINT OF BEGINNING and containing 4,521 square feet or 0.1038 acres more or less. S69'04'05" E ' 17.16', ~ ~o ~ 5,52~ S.F. ^C.ES B~RINGS ~SED ON SDHPT TAKE PARCELS. 0 0 0 ~ 0 10 20 4G SCAt~ J' = 20' _.--¢' POINT OF '"-BEGINNING 12-4-92 EXHIBIT B RAYMOND L. GOODSON JR.,INC. CONSULTING ENGINEERS 10440 N. CENTRAL EXPWY., SUITE 600 DALLAS , TEXAS 752.31 214/759-8100 Exhibit A Street Easement Lots 5 and Lot 6, Block 3 East University Place Addition University Park, Texas Being a tract or parcel of land situated in the city of University Park, Dallas County, Texas and being part of Lots 5 and 6, Block 3, of East University Place Addition, an addition to the City of University Park as recorded in Volume 5, Page 71, of the Deed Record of Dallas County, Texas and being more particularly described as follows: BEGINNING at an aluminum highway marker found for corner at the intersection of the southerly line of SMU Boulevard (100 feet right-of-way) and the cut-off line between the said southerly line of SMU Boulevard and the westerly line of U.S. Highway 75 (Central Expressway) as widened; THENCE South 23°33'56'' East along said cut-off line a distance of 45.28 feet to an aluminum highway marker found for corner; THENCE South 25°10'27'' West along the westerly line of U.S. Highway 75 (Central Expressway) as widened a distance of 119.92 feet to an aluminum highway marker found for corner in the northerly line of a 15 feet wide alley; THENCE South 89°59'34'' West along the northerly line of said 15 feet wide alley a distance of 23.76 feet to a point for corner; THENCE North 25°10'27'' East parallel with and 21.5 feet westerly from the said westerly line of U.S. Highway 75 (Central Expressway) a distance of 92.53 feet to a point for corner; THENCE North 64°49'33'' West a distance of 11.00 feet to a point for corner; THENCE North 25°10'' 27" East a distance of 42.73 feet to a point for corner; THENCE North 23°33'56'' West a distance of 25.03 feet to a point for corner in the southerly line of SMU Boulevard (100 feet right-of- way); THENCE North 89 °49'34'' East along the southerly line of SMU Boulevard (100 feet right-of-way) a distance of 19.09 feet to the POINT OF BEGINNING and containing 3,800 square feet or 0.0872 acres, more or less. 15~ ~'%"-:b'q~ ..~. ~'--".'t~; / ~ ~ J I:]I'-.AIqNGS IIAS[I) ON SI)IIPI lAKE I~AI]C[_I_S. S89'59'34"W. 23.76' EXHIBIT B RAYMOND L. OOODSON JR.,INC. CONSULTING ENGINEERS 10440 N. CENTRAL EXPWY., SUIIE 600 DALI_AS , ~'[XAS 75231 Exhibit A Street Easement Lot 12 and Lot 13, Block 4 University Hill West No. 2 University Park, Texas Being a tract or parcel of land situated in the City of University Park, Texas and being part of Lots 12 and 13, Block 4, University Park West No. 2 Addition, an addition to the City of University Park as recorded in Volume 6, Page 186, of the Deed Record of Dallas County, Texas and being more particularly described as follows: BEGINNING at an aluminum highway marker found at the intersection of the westerly line of U.S. Highway 75 (Central Expressway) (as widened) and the northerly line of eMU Boulevard (as widened); THENCE South 85°04'01'' West along the northerly line of SMU Boulevard a distance of 15.67 feet to an aluminum highway marker found for corner; THENCE South 89°39'24'' West along the northerly line of SMU Boulevard a distance of 23.46 feet to a point for corner; THENCE North 00°17'44'' East a distance of 23.00 feet to a point for corner; THENCE South 89°39'24'' East a distance of 20.15 feet to a point for corner; THENCE North 25°10'27'' East a distance of 42.00 feet to a point for corner; THENCE South 64°49'33" East a distance of 11.00 feet to a point for corner; THENCE North 25°10'27'' East parallel with and 21.50 feet westerly from the westerly line of U.S. Highway 75 (Central Expressway) a distance of 111.95 feet to a point for corner in the southerly line of a 15 feet wide alley; THENCE South 89°39'24" East along the southerly line of said 15 feet wide alley a distance of 23.69 feet to an.aluminum highway marker found in the westerly line of U.S. Highway 75 (Central Expressway); THENCE South 25°10'27'' West along the westerly line of U.S. Highway 75 (Central Expressway) a distance of 154.35 feet to an aluminum highway marker found for corner; THENCE South 41°40'18" West along the westerly line of U.S. Highway istanc~,.~6J~Fz~.2_.07 feet to the POINT OF 75 (Central Expressway) a d21 s~f~.j_re~.~.e~9~ 0.1084 acres, more or BEGINNING and containing 4,7 E~.~'~' ~- ,. ~'~'q ' FR~' G. Q 0 ~d~O 0(/) 0~-~ 0 S64'49'33" E ~ I \ ~/ ~,721 S.F. S89'39'2~ E 20.15' { S41'40' 18"W 22.07' ~o~ ~ POINT OF NOO'~7'44"E ~BEGINNING 23.00 S85'04'01"W 15.67' BEARINGS BASEl.) ()N SDIIPI IAKE PARCELS. 0 10 20 40 EXHIBIT B RAYMOND L. GOODSON JR.,INC. CONSULTING ENGINEERS 10440 N. CENTRAL EXPWY., SUITE 12-4--92. DALLAS , TEXAS 15231 214/739-8100 Exhibit A Abandonment of 15 foot wide Alley between Yale Boulevard and Binkley Avenue from Boedecker Street to U.S. Highway 75 (Central Expressway) University Park, Texas Being part of a 15 foot wide alley situated in the City of University Park, Texas and also being part of the alley located in Block 3 of East University Place Addition, an addition to the City of University Park as recorded in Volume 5, Page 71 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at the intersection of the east line of Boedecker Street (50 feet right-of-way) with the south line of said 15 foot wide alley, said point being North 00'00'26" West along the east line of Boedecker Street a distance of 160.00 feet from its intersection with the north line of Binkley Avenue (50 feet right-of-way); THENCE North 00°00'26'' West along the projection of the east line of Boedecker Street a distance of 15.00 feet to a point in the north line of said alley; THENCE North 89°59'34'' East along'the north line of said alley a distance of 251.30 feet to a point for corner; T~ENCE South 25°10'27'' West crossing said alley a distance of 16.58 feet to a point for corner in the south line of said alley; T~ENCE South 89°59'34'' West along the south line of said alley a distance of 244.25 feet to the POINT OF BEGINNING and containing 3,717 or 0.0853 acres more or less. NOO'OO'26"W 1 BOEDECKER STREET (50' R.O.W.) 160' TO BRII~K[EY AVENUE POINT OF BEGINNING LOT 7 150' TO YALE'I~OULEVARD LOT I ~ SC,I. LE 1" - 30' LOT 8 5,717 S.F. 0.0855 ACRES LOT 2 LOT g LOT 10 hl LOT 4 LOT 11 0'27"W 16.58' LOT 5 ,SOU BEARINGS BASED ON SDHPT TAKE PARCELS. EXHIBIT B RAYMOND I_. O, OODSON JR.,INC CONSULTING ENGINEERS 10440 N. CENTRAL EXPWY.. SUITE 600 12-4-92 DALLAS , TEXAS 75231 214/739-6100 April 23, 1993 EXHIBIT "A" ABANDONMENT OF BOEDECKER STREET BETWEEN BINKLEY AVENUE AND SMU BOULEVARD CITY OF UNIVERSITY PARK DALLAS COUNTY, TEXAS Being a tract or parcel of land situated in the City of University Park, Dallas County, Texas and being part of the Joe Sykes Survey, Abstract No. 1338 and being part of Boedecker Street 50 feet wide, being more particularly described as follows: BEGII~NI~G at a point for corner at the intersection of the east line of Boedecker Street (50 feet right-of-way) with the north line of Binkley Avenue (50 feet right-of-way), being the southwest corner of Lot 7, Block 3, East University Place Addition, an addition to the City of University Park according to the Plat recorded in Volume 5, Page 71, Map Records, Dallas County, Texas; T~ENCE due West a distance of 50.00 feet to a point for corner at the intersection of the north line of said Binkley Avenue with the west line of said Boedecker Street, being the southeast corner of Lot 20, Block 2 of said addition; T~ENCE due North with the east line of said Block 2 and the west line of said Boedecker Street a distance of 325.00 feet to a point for corner at the intersection of the west line of said Boedecker Street with the south line of S~U Boulevard (100 feet right-of- way), being the northeast corner of Lot 10, Block 2 of said addition; T~ENCE due East a distance of 50.00 feet to a point for corner at the intersection of the south line of said S~U Boulevard with the east line of said Boedecker Street, being the northwest corner of Lot 1, Block 3 of said addition; T~ENCE due South with the west line of said Block 3 and the east line of said Boedecker Street a distance of 325.00 feet to the POINT OF BEGII~NING and containing 16,250 square. .feet or 0.3730 acres of land, more or less. Exhibit "C" Sanitary Sewer and Water Main Easement Between Binkley Avenue and SMU Boulevard City of University Park, Texas Being a tract or parcel of land situated in the City of University Park, Dallas County, Texas and being part of the Joe Sykes Survey, Abstract No. 1338 and being part of Boedecker Street 50 feet wide, being more particularly described as follows: BEGINNING at a point of corner, due west 18.50 feet from the intersection of the north line of Binkley Avenue (50 feet right-of- way) with the east line of Boedecker Street (50 feet wide); THENCE Due West with the north line of said Binkley Avenue a distance of 20.00 feet to a point for corner; THENCE Due North a distance of 160.00 feet to a point for corner; THENCE Due West 11.5 feet to a point for corner in the west line of said Boedecker Street, being the northeast corner of Lot 20, Block 2, East University Addition, an addition to the City of University Park according to the plat recorded in Volume 5, Page 71, Deed Records, Dallas County, Texas; THENCE Dues North with the west line of said Boedecker Street a distance of 15.00 feet to a point for corner being the southeast corner of Lot 10, of said addition; THENCE Due East a distance of 11.5 feet to a point for corner; THENCE Due North, a distance of 150.00 feet to a point for corner in the south line of eMU Boulevard (100 feet right-of-way); THENCE Due East with the south line of said SMU Boulevard a distance of 38.50 feet to a point for corner at the intersection of the south line o f said SMU Boulevard with the east line of said Boedecker Street and being the northwest corner of Lot 1, Block 3 of said addition; THENCE Due South with the west line of said Lot 3 and the east line of said Boedecker Street a distance of 10.00 feet to a point for corner in the west line of said Lot 3 and the east line of said Boedecker Street; THENCE Due West a distance of 18.50 feet to a point for corner; THENCE Due South a distance ~.~.~ 315.00--'.~ feet to the POINT OF 6,8~5~8~'.~.--~.~feet'or...~..~: .-- ~ ~.~'~ 0.1574 acres of land, BEGINI~ING and containing more or less. S ~f U EAST B 0 ULE VARD (too' n.o.~.) 60' 60' 60' 60' 60' EAST 60' 60' rS' ALLEY 60' 60' BLOCK 60' 60' UNIVERSITY 0 60' 60' 2 60' rY _ 0 Z BINKLEY 60' 60' ~5 9 EAST Zl I I' 1' I I 50.00' WEST PLA CE B L A DDI TION 60' 60' 15' ALLEY 60' OCK 60' 0 ~ q Po. ~ ~ 9 20' SANITARY SE'f~.R ANO WATER EASEMENt' 60' 60' "~POINT OF BEGINNING A VENUE 3 (50' R.O.~'.) 60' 60' 60' '6~' 60' BLOCK 5 UNIVERSITY PLACE ADDITION RAYMOND L GOOOSON ~IR.,INC. CONSULTING ENGINEERS 5U11~ ~00, 10440 H.CI~I]RAL iD(PWY. O~J.J_AS , 1EXA$ 752,31 214/'739-8100 EXHIBIT "B" ABANDONMENT OF BOEDECKER STREET BETWEEN BINKLEY AVENUE AND SMU BOULEVARD WITH A 20' SANITARY SEWER AND WATER EASEMENT TO BE RETAINED CITY OF UNIVERSITY PARK DALLAS COUNTY, TEXAS DATE: APRIL, 199,3 SCALE: 1"=50' ORDINANCE NO. 93 / 25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS PART OF LOT 8 AND PART OF LOT 9, BLOCK 37, IN THE UNIVERSITY HEIGHTS #4 ADDITION, MORE COMMONLY KNOWN AS 3812 GREENBRIER FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE DETACHED ACCESSORY STRUCTURE SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ~T.w. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOW.W~%RS 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 the property described as Part of Lot 8 and Part of Lot 9, Block 37, in the University Heights #4 Addition, more commonly known as 3812 Greenbrier, to permit kitchen, cooking, and food preparation facilities in the detached accessory structure in accordance with the plans submitted for construction and further provided that the granting of this specific use permit 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 2. 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 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 thereof decided to be unconstitutional, illegal or invalid, 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 lSth day of August , 1993. APPROVED: ATTEST: CITY SECRETARY ~PROVED AS TO CITY ATTORNEY AGG04533 ORDINANCE NO. 93/26 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1993, AND ENDING SEPTEMBER 30, 1994, 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, 1993, and ending September 30, 1994, 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, 1993, as required by law. SECTION III THAT, a notice of a public hearing for September 7, 1993 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, 1993, and ending September 30, 1994. PASSED AND APPROVED this the 7th day of September, 1993. ATTEST: APPROVED: City Secretary EXHIBIT "A" CITY OF UNIVERSITY PARK, FY 1994 BUDGET September 3, 1993 TEXAS Budget by Fund and Departme~nt 1992-93 1993-94 % Change Adopted Manager's from Recommended 1992-93 General Fund: Revenues $13,491,749 $14,181,739 5.11% Expenditures: Courts 249,995 256,598 2.64% Data Processing* 80,000 148,652 85.82% Engineering 496,497 528,119 6.37% Executive 496,430 518,051 4.36% Facility Maintenance 552,793 608,099 10.00% Finance 689,812 763,850 10.73% Fire 1,979,499 2,105,972 6.39% Garage 553,115 605,000 9.38% Parks 1,344,976 1,431,807 6.46% Personnel 149,857 164,875 10.02% Police 2,683,388 2,818,250 5.03% Sanitation 1,655,208 1,770,849 6.99% Streets 1,722,095 1,866,518 8.39% Swimming Pool 140,743 114,357 -18.75% Traffic 531,841 530,585 -0.24% Subtotal 13,326,249 14,231,582 6.79% Adjustment** 95,000 Total Expenditures 13,421,249 14,231,582 6.04% Revenue over Expenditures $70,500 ($49,843) -170.70% Utility Fund: Revenues $7,070,500 $7,269,350 2.81% Expenditures: Utility Office 3,506,440 3,769,608 7.51% Wastewater 1,568,997 1,592,528 1.50% Water 1,927,941 1,890,849 -1.92% Subtotal 7,003,378 7,252,985 3.56% Adjustment** 14,600 Total Expenditures 7,017,978 7,252,985 3.35% Revenue over Expenditures 52,522 16,365 -68.84% Debt Service 1,254,750 1,256,733 0.16% Total Budget $21,693,977 $22,741,300 4.83% * Data Processing Department has beeh added to facilitate City wide data processing operations and expenditures have been restated for FY 1993, for comparability. ** Adjustment reflects cost of onetime vacation buyback offered for payperiod consolidation. OKDINANCE NO. 93/27 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1993 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1993, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1993, and not exempted by the constitution and laws on the State of Texas, an ad valorem, tax of forty-nine and sixty-two one hundredths cents ($.4962) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.4231 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) $.0731 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 General Obligation Refunding Bonds Series, 1993 for 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 1993 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 1993 levy. PASSED AND APPROVED this 7th day of September, 1993. APPROVED: ATTEST: MAYOR ORDINANCE NO. 93/28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 6 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 6 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 6. 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 PARK DIRECTOR ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER ASSISTANT FINANCE DIRECTOR PERSONNEL DIR./RISK MGR. DEPUTY FIRE CHIEF POLICE CAPTAIN ASSISTANT CITY MANAGER SANITATION SUPERINTENDENT BUILDING OFFICIAL GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR TRAFFIC CONTROL SUPERINTENDENT PARK SUPERINTENDENT STREET SUPERINTENDENT WASTEWATER SUPERINTENDENT WATER SUPERINTENDENT GIS COORDINATOR PURCHASING AGENT WATER DEPARTMENT MANAGER CITY SECRETARY E 904 5,212 6,515 7,818 E 904 5,212 6,515 7,818 E 755 4,538 5,673 6,807 E 702 4,299 5,373 6,448 E 636 4,000 5,000 6,000 E 611 3,887 4,859 5,831 E 611 3,887 4,859 5,831 E 611 3,887 4,859 5,831 E 568 3,693 4,616 5,539 E 551 3,616 4,520 5,424 E 516 3,458 4,322 5,187 E 516 3,458 4,322 5,187 E 479 3,291 4,113 4,936 E 421 3,029 3,786 4,543 E 373 2,812 3,514 4,217 E 366 2,780 3,475 4,170 E 332 2,626 3,283 3,939 E 318 2,563 3,204 3,844 E 318 2,563 3,204 3,844 E 313 2,540 3,175 3,811 E 311 2,531 3,164 3,797 E 311 2,531 3,164 3,797 E 298 2,473 3,091 3,709 E 298 2,473 3,091 3,709 E 298 2,473 3,091 3,709 E 259 2,296 2,870 3,444 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM SENIOR COURT CLERK DATA ENTRY CLERK POLICE RECORDS MGR ACCOUNTING CLERK PAYROLL CLERK EXECUTIVE SECRETARY PERSONNEL CLERK SR. UTILITY CLERK ADMINISTRATIVE SECRETARY DEPUTY COURT CLERK UTILITY CLERK PERMIT CLERK RECEPTIONIST MAIL/UTILITY CLERK C 55 216 1,816 2,270 2,724 C 54 191 1,670 2,087 2,505 C 54 191 1,670 2,087 2,505 C 54 191 1,670 2,087 2,505 C 54 191 1,670 2,087 2,505 C 54 191 1,670 2,087 2,505 C 53 160 1,488 1,860 2,232 C 53 160 1,488 1,860 2,232 C 53 160 1,488 1,860 2,232 C 52 143 1,389 1,736 2,083 C 52 143 1,389 1,736 2,083 C 52 143 1,389 1,736 2,083 C 51 119 1,248 1,560 1,872 C 51 119 1,248 1,560 1,872 LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WARRANT OFFICER/BAILIFF CONSTRUCTION INSPECTOR MAINTENANCE SUPERVISOR LEAD MECHANIC COMMUNICATIONS TECH/ELECT. ENGINEERING TECH BUILDING INSPECTOR CODE ENFORCEMENT OFFICER TRAFFIC SUPERVISOR TRAFFIC TECHNICIAN COMPUTER OPERATOR MECHANIC II WELDER GARDNER III HORTICULTURIST IRRIGATION TECHNICIAN PESTICIDE TECHNICIAN SIGN MAKER BUILDING TECHNICIAN ANIMAL CONTROL DISPATCHER CREW LEADER MAINTENANCE TECHNICIAN II METER READER II MECHANIC I ENVIRONMENTAL INSPECTOR DRIVER III MAINTENANCE ASSISTANT WAREHOUSE ASSISTANT DRIVER II GARDENER II L 58 296 2,400 3,000 3,600 L 58 296 2,400 3,000 3,600 L 57 269 2,246 2,807 3,368 L 57 269 2,246 2,807 3,368 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 56 245 2,108 2,635 3,162 L 55 216 1,942 2,428 2,913 L 55 216 1,942 2,428 2,913 L 55 216 1,942 2,428 2,913 L 55 216 1,942 2,428 2,913 L 55 216 1,942 2,428 2,913 L 55 216 1,942 2,428 2,913 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 54 191 1,799 2,249 2,698 L 53 160 1,621 2,027 2,432 L 53 160 1,621 2,027 2,432 L 53 160 1,621 2,027 2,432 L 53 160 1,621 2,027 2,432 L 52 143 1,524 1,905 2,286 L 52 143 1,524 1,905 2,286 L 52 143 1,524 1,905 2,286 MAINTENANCE TECH I METER READER I SIGN TECHNICIAN DRIVER I GARDENER I CUSTODIAN L 52 143 1,524 1,905 2,286 L 52 143 1,524 1,905 2,286 L 51 119 1,386 1,733 2,080 L 51 119 1,386 1,733 2,080 L 50 99 1,272 1,590 1,908 L 50 99 1,272 1,590 1,908 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT POLICE OFFICER 3,108 3,272 3,444 2,426 2,554 2,688 2,830 2,979 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 3,563 3,751 3,160 3,326 3,267 3,017 2,875 2,709 2,852 3,002 3,160 2,227 2,344 2,467 2,597 $125.00 per month assignment pay $ 25.00 per month assignment pay 2,734 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 3% 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 reconsideration 0 of the step increase if improved performance is recognized. ASSIGNMENT PAY. Paramedic and EMT positions are not specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic ....................... $125.00 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 $125.00 a month assignment pay. If for some reason, he/she discontinues 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. 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 $20.00 per month 2. Eighteen (18) hours $30.00 per month 3. Thirty-six (36) hours $40.00 per month 4. Associate Degree or 60 hours $50.00 per month Bachelor's degree as recognized by the Texas Fire Commission $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 shall 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 Degree $25.00 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 will 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. 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. APPLICATION OF PAY PLAN. 11. 12. 13. 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 10/1/93. 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. ATTEST: CITY SECRETARY PASSED AND APPROVED this the 7th day of September, 1993. ORDIN~ NO. 9 3 / 2 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CITY CODE BY AMENDING CHAPTER 8, SECTION 13C, TO PROVIDE FOR THE CITY CONTRIBUTION TO THE FIREMEN'S RELIEF AND RETIREMENT FUND; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY SECTION 1. That Chapter 8, Section 13C, of the University Park City Code be, and the same is hereby, amended to read as follows: "SECTION 13: FIREMEN'S RELIEF AND RETIREMENT FUND CITY PARTICIPATION IN FUND The Director of Finance shall pay over to the Firemen's Relief and Retirement Fund of the City of University Park, Texas, by the last day of each month, an amount equal to ten percent (10%) of the monthly compensation of each member of the Fire Department who participates in the fund for the preceding month. There is hereby appropriated from the General Fund of the City an amount necessary to make this payment." 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 7th day of September, 1993. APPROVED: AGGO47D1 CITY ATTORNEY (RLD/gh 9-1-93 ) ATTEST: CITY SECRETARY AGGO4~D1 ORDINANCE NO. 93/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL ~ETI~NT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PP~ESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF UNIVERSITY PARK; PROVIDING FOR INCREASED PRIOR AND CU~%/~ENT SERVICE ANNUITIES FOR ~ETIREES AND BENEFICIARIES OF DECEASED ~ETI~EES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. Authorization Qf u~dated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle of Title 8, V.T.C.A., Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the System) who has current service credit or prior service credit in said System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "based Updated Service Credit" of the member(calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of decreased employees of this City under current service annuities and prior service annuities arising from service by such employees of this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index of Ail Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1994. PASSED AND APPROVED this the 7th day of September, 1993. ATTEST: APPROVED: CITY SECRETARY ORDINANCE NO . 9 3 / 31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 92/28 TO TRANSFER FUNDS FROM THE FISCAL YEAR 1993 GENERAL FUND AND UTILITY FUND INTO A CAPITAL PROJECTS FUND; CREATING A CAPITAL PROJECTS FUND TO SERVE AS A UNIFIED SOURCE FOR FUNDING AND MONITORING CAPITAL PROJECTS; REQUIRING THE BUDGETING OF FUNDS IN FISCAL YEAR 1994 FOR THE CAPITAL PROJECTS FUND; TRANSFERRING CERTAIN RESERVES AND FUND BALANCES INTO THE CAPITAL PROJECTS FUND; TRANSFERRING EXCESS INTEREST AND SINKING FUND BALANCES; TRANSFERRING INTEREST EARNINGS TO OTHER RESERVES AND FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city Council of the city of University Park has determined that it is in the public interest to create a Capital Projects Fund to serve as a unified source for funding and monitoring capital projects, especially those projects which require more than one fiscal year to complete; and WHEREAS, to create a Capital Projects Fund, it is necessary to authorize the transfer of monies; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby created a Capital Projects Fund to serve as a unified source for funding and monitoring capital projects of the City of University Park. It is contemplated that the Capital Projects Fund will primarily be used for those projects which require more than one fiscal year to complete. SECTION 2. That Ordinance No. 92/28 be, and the same is hereby, amended to transfer $ 1,058,426 from the fiscal year 1993 General Fund balance and $ 1,535,408 from the fiscal year 1993 Utility Fund balance to the Capital Projects Fund. AGGO47CD SECTION 3. That the City Manager is directed to include within the fiscal year 1994 budget a General Fund appropriation in the amount of $ 714,000 and a Utility Fund appropriation in the amount of $ 1,064,900 to be designated for the Capital Projects Fund. SECTION 4. That the sum of $1,400,000 be transferred from the 1980 Bonds Interest and Sinking Fund to the Capital Projects Fund. That the remaining balance of the Interest and Sinking Fund be transferred to the 1993 Refunding Interest and Sinking Fund. SECTION 5. That the sum of $828,000 be transferred from the General Fund unreserved fund balance to the Capital Projects Fund and that the sum of $3,974,775 be transferred from the General Fund capital projects reserve to the Capital Projects Fund. SECTION 6. That certain elements of the Utility Fund be transferred to the Capital Projects Fund, to-wit: The Lovers Lane reserve in the sum of $2,172,223; The Lovers Lane reserve interest in the sum of ae b. $82,022; c. The Unreserved Fund balance for drainage fees in the sum of $25,800; d. The Unreserved Fund balance for catch basin cleaning in the sum of $50,000; and, AGGO47CD e. The Unreserved Fund balance for water storage tank in the sum of $269,805. SECTION 7. That interest earnings on the General Fund unreserved fund balance in the sum of $42,459.33 be transferred to the Byrd Estate Reserve. That interest earnings on the General Fund in the amount $19,118.71 and on the Utility Fund in the amount of $6,521.39 be transferred to the Equipment Services Fund. SECTION 8. 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 7th day of September, 1993. ~PRO~VED AS T(k FORM: CITY ATTORNEY (RLD/gh 9-1-93) APPROVED: ATTEST: -CITY SECRETARY AGGO~,TCD ORDINANCE NO. 93/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DEFINING TERMS; PROVIDING REGULATIONS FOR WATER QUALITY IN THE CITY; PROVIDING FOR ENFORCEMENT; REGULATING THE DISCHARGE OF WASTE INTO THE SANITARY SEWER SYSTEM OF THE CITY; PROVIDING REGULATIONS FOR THE ACCEPTABLE DISCHARGE CONCENTRATIONS OF BIOLOGICAL OXYGEN DEMAND AND SUSPENDED SOLIDS; PROVIDING FOR THE USE OF CERTAIN APPROVED STANDARD METHODS IN SAMPLING INDUSTRIAL WASTE DISCHARGES; PROVIDING GENERAL SEWER USE REQUIREMENTS; REQUIRING PRETREATMENT OF WASTEWATER; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILI'rY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) 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. GENERAL PROVISIONS 1.1 Purpose and Policy This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment Works (POTW) for the City of University Park and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code §1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of this ordinance are: Bo To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation; To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works; AGG03FFA C. To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; D. To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works; E. To enable the City to comply with the National Pollutant Discharge Elimination System permit conditions of the City of Dallas, sludge use and disposal requirements, and any other Federal or State laws to which the Publicly Owned Treatment Works is subject. This ordinance shall apply to all users of the Publicly Owned Treatment Works. The ordinance authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting. 1.2 Administration Except as otherwise provided herein, the Director of Public Works (Director) shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the Director may be delegated by the Director to other personnel. 1.3 Abbreviations The following abbreviations, when used in this ordinance, shall have the designated meanings: · BOD · CFR · COD - · EPA - Biochemical Oxygen Demand Code of Federal Regulations Chemical Oxygen Demand U.S. Environmental Protection Agency AGG03FFA 1.4 gpd mg/I NPDES POTW RCRA SIC · TSS · U.S.C. Definitions phrases, as designated. A. gallons per day milligrams per liter National Pollutant Discharge Elimination System Publicly Owned Treatment Works Resource Conservation and Recovery Act Standard Industrial Classification Total Suspended Solids United States Code Unless a provision explicitly states otherwise, the following terms and used in this ordinance, shall have the meanings hereinafter Act or "The Act". The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. Approval Authority. The Regional Administrator of EPA. Authorized Representative of the User. (I) If the user is a corporation: (a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million AGG03FFA dollars (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs I through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city. Biochemical Oxygen Demand or BOD. The quantity of oxygen, expressed in mg/I, utilized in the biochemical oxidation of organic matter by standard methods. Categorical Pretreatment Standard or Categorical Standard. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. City. The City of University Park or the City Council of University Park. Com.~osite Sample. Composite sample means samples collected during a period of time exceeding fifteen minutes and combined into one sample. Control Authority. Shall mean the operator of any part of the POTW if different from the City, e.g., the City of Dallas Water Utilities. Environmental Protection Agency or EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water AGGO3FFA Management Division Director, or other duly authorized official of said agency. Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. Grab Sample. A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. Indirect Discharge or Discharge. The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act. Industrial User. Industrial user means an industry that discharges wastewater into the wastewater system. Instantaneous Maximum Allowable Discharge Limit. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event. Interference. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. AGG03FFA Q. New Source. Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed at a site at which no other source is located; or (b) The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (I)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator has: (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or AGGO3FFA (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. Noncontact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. Pass Through. A discharge of pollutants through the City's wastewater system into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause, in whole or in part of a violation of any discharge requirement of the City, including an increase in the magnitude or duration of a violation. Person. Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns. This definition includes all Federal, State, and local governmental entities. pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). AGG03FFA BB. CC. Pretreatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. Pretreatment Requirements. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard. Pretreatment Standards or Standards. Pretreatment standards shall mean pollutant concentration discharge limitation requirements or standards, categorical pretreatment standards, and local limits. National Pretreatment Standard means any pretreatment regulations containing pollutant discharge limits that have been established or will be established for industrial users by the United States Environmental Protection Agency. Prohibited Discharge Standards or Prohibited Discharges. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 2.1 of this ordinance. Publicly Owned Treatment Works or POTW. A "treatment works," as defined by Section 212 of the Act (33 U.S.C. §1292) which is owned by the City and/or the Control Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant. Septic Tank Waste. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. Sewage. Human excrement and gray water (household showers, dishwashing operations, etc.). DD. Significant Industrial User. (I) A user subject to categorical pretreatment standards; or (2) A user that: AGG03FFA (a) Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); (b) Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or (c) Is designated as such by the Director or the Control Authority on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement. (d) Is defined as subject to national categorical pretreatment standards by the United States E.P.A. (3) Upon a finding that a user meeting the criteria in Subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the City and/or the Control Authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. EE. Slug Load or Slug. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Section 2.1 of this ordinance. FF. Standard Industrial Classification (SIC) Code. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget. GG. Storm water. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. HH. Superintendent (Director of Public Works). The person designated by the City to supervise the operation of the wastewater collection system, and who is charged with certain duties and responsibilities by this ordinance, or a duly authorized representative. AGG03FFA II. JJ. KK. LL. MM. Suspended Solids. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering. User or Industrial User. A source of indirect discharge. Wastewater. Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. Wastewater Treatment Plant or Treatment Plant. That portion of the PO'FW which is designed to provide treatment of municipal sewage and industrial waste. Shall is mandatory; may is permissive or directory. SECTION 2. GENERAL SEWER USE REQUIREMENTS 2.1 Prohibited Discharge Standards General Prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements. Bo Specific Prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater: (1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (6(7' C) using the test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.5 or more than 10.5; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference; AGG03FFA (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW; Wastewater having a temperature greater than 15(7' F (65° C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F(40° C); Used motor oil; Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; Trucked or hauled pollutants, except at discharge points designated by the Director and/or Control Authority in accordance with Section 3.4 of this ordinance; Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the applicable NPDES permit; Wastewater containing any radioactive wastes or isotopes in a manner that will permit a transient concentration higher than 100 microcuries per liter, except in compliance with applicable State or Federal regulations; Storm water, surface water, ground water, artesian well water, roof runoff, and subsurface drainage, unless specifically authorized by the Director and/or the Control Authority; Sludges, screenings, or other residues from the pretreatment of industrial wastes; AGG03FFA (14) (15) (16) (17) (18) (19) (20) (21) (22) Reserved. Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test; Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW; Except where the Director and/or the Control Authority have determined that different limits under an industrial waste permit are appropriate, wastewater exceeding 100 mg/L of oils, fats, and grease of the following types: (a) floatable grease of any origin; (b) free or emulsified grease of petroleum or mineral origin, or both, including but not limited to: (i) (ii) (iii) (iv) cooling or quenching oil; lubricating oil; non biodegradable cutting oil; and non-saponifiable oil; A discharge of water, normal domestic wastewater, or industrial waste that which in quantity of flow exceeds, for a duration of longer than fifteen minutes, more than four times the average twenty four hour flow during normal operation; Insecticides and herbicides in concentrations that are not amenable to treatment; Polychlorinated biphenyls; Garbage that is not properly shredded to such an extent that all particles will be carried freely under the flow conditions normally prevailing in wastewater mains, with no particle having greater than a one-half (1/2") inch cross-sectional dimension; Wastewater or industrial waste generated or produced outside the City, unless approval in writing from the Director and the Control Authority has been given to the person discharging the waste; or AGG03FFA (23) Without the approval of the Director and/or Control Authority, a substance or pollutant other than industrial waste, normal domestic wastewater, septic tank waste or chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or packaged chemical products. Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW. 2.2 National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-71 are hereby incorporated. Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director and/or the Control Authority may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(0). When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director and/or the Control Authority shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e). A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13,that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. Do A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. 2.3 Reserved 2,4 Local Limits The following pollutant limits are established to protect against pass through and interference. No person shall discharge or cause or permit to be discharged, AGG03FFA wastewater containing in excess of the following instantaneous maximum allowable discharge limits: A. Metals in the form of compounds or elements in solution or suspension in concentrations exceeding the following: 0.5 mg/I arsenic 1.0 mg/I cadmium 5.0 mg/I chromium 4.0 mg/I copper 1.6 mg/I lead 0.01 mg/I mercury 9.0 mg/I nickel 0.2 mg/I selenium 4.0 mg/I silver 5.0 mg/I zinc B. Organic chemical substances in concentrations exceeding the following: 21,000.0 mg/I acetone 1.0 mg/I benzene 1.6 mg/I ethyl benzene 26,250.0 mg/I isopropyl alcohol 20,000.0 mg/I methyl alcohol 249.0 mg/I methyl ethyl ketone 21.0 mg/I methylene chloride 149.0 mg/I total phenols 3.0 mg/I toluene 2.0 mg/I xylene C. 1.6 mg/I cyanide or cyanogen compounds D. 100.0 mg/I oil and grease E. 10.0 mg/I sulfides F. 10,000 mg/I BOD5 G. 10,000 mg/I total suspended solids AGG03FFA The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for "total" metal unless indicated otherwise. 2.5 Right of Revision The City reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the P©TW. 2.6 Dilution No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet standards or requirements, or in other cases when limitations is appropriate. applicable pretreatment the imposition of mass SECTION 3. PRETREATMENT OF WASTEWATER 3.1 Pretreatment Facilities Users shall provide wastewater treatment as necessary to comply with this ordinance and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in Section 2.1 of this ordinance within the time limitations specified by EPA, the State, the Control Authority, or the Director, whichever is more stringent. Any facilities necessary for compliance shall AGGO3FFA be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the City under the provisions of this ordinance. 3.2 Reserved 3.3 Accidental Discharge/Slug Control Plans At least once every two (2) years, the Director shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Director may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Director may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following: A. Description of discharge practices, including nonroutine batch discharges; B. Description of stored chemicals; C. Procedures for immediately notifying the Director of any accidental or slug discharge, as required by Section 6.6 of this ordinance; and D. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. AGG03FFA 3.4 Septage Waste ko Septage waste may be introduced into the Dallas Central Wastewater Treatment Plant in the manner designated by the Control Authority, and at such times as are established by the Control Authority. The Control Authority may require septic tank waste haulers to obtain wastewater discharge permits. Septage waste generators must provide a manifest form for every load. This form shall include, at a minimum, the name and address of the generator, the waste hauler, permit number, truck identification, disposal site and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. The generator shall retain a completed manifest in its business office for three (3) years after disposal. SECTION 4. WASTEWATER DISCHARGE PERMIT APPLICATION 4.1 Wastewater Analysis When requested by the Director, a user must submit information on the nature and characteristics of its wastewater within ten (10) days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this information. 4.2 Wastewater Discharge Permit Requirement Ao No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to Section 4.3 of this ordinance may continue to discharge for the time period specified therein. The Director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this ordinance. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Sections AGGO3FFA 10 through 12 of this ordinance. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. 4.3 Wastewater Discharge Permitting: Existing Connections Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the Director for a wastewater discharge permit in accordance with Section 4.5 of this ordinance, and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this ordinance except in accordance with a wastewater discharge permit issued by the Director. 4.4 Wastewater Discharge Permitting: New Connections Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 4.5 of this ordinance, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence. 4.5 Wastewater Discharge Permit Application Contents All users required to obtain a wastewater discharge permit must submit a permit application. The Director may require all users to submit as part of an application the following information: AGG03FFA A. All information required by Section 6.1(B) of this ordinance; Bo Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; Co Number and type of employees, hours of operation, and proposed or actual hours of operation; Each product produced by type, amount, process or processes, and rate of production; Type and amount of raw materials processed (average and maximum per day); Fo Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge; G. Time and duration of discharges; and Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision. 4.6 Application Signatories and Certification All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the AGG03FFA best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 4.7 Wastewater Discharge Permit Decisions The Director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the Director will determine whether or not to issue a wastewater discharge permit. The Director may deny any application for a wastewater discharge permit. SECTION 5. WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS 5.1 Wastewater Discharge Permit Duration A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. 5.2 Wastewater Discharge Permit Contents A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW. AGG03FFA A. Wastewater discharge permits must contain: (1) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years; (2) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Section 5.5 of this ordinance, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (3) Effluent limits based on applicable pretreatment standards; (4) Self monitoring, sampling, reporting, notification, and record- keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (5) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. Wastewater discharge permits may contain, but need not be limited to, the following conditions: Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization; (2) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; (3) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges; (4) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW; AGGO3FFA (5) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW; (6) Requirements for installation and maintenance of inspection and sampling facilities and equipment; (7) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and (8) Other conditions as deemed appropriate by the Director or the Control Authority to ensure compliance with this ordinance, and State and Federal laws, rules, and regulations. 5.3 Reserved. 5.4 Wastewater Discharge Permit Modification The Director may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons: To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance; A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; Do Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters; Violation of any terms or conditions of the wastewater discharge permit; Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting; AGG03FFA G. Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13; H. To correct typographical or other errors in the wastewater discharge permit; or I. To reflect a transfer of the facility ownership or operation to a new owner or operator. 5.5 Wastewater Discharge Permit Transfer Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days advance notice to the Director and the Director approves the wastewater discharge permit transfer. The notice to the Director must include a written certification by the new owner or operator which: A. States that the new owner and/or operator has no immediate intent to change the facility's operations and processes; B. Identifies the specific date on which the transfer is to occur; and C. Acknowledges full responsibility for complying with the existing wastewater discharge permit. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. 5.6 Wastewater Discharge Permit Revocation The Director and/or the Control Authority may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons: A. Failure to notify the Director of significant changes to the wastewater prior to the changed discharge; AGG03FFA B. Failure to provide prior notification to the Director of changed conditions pursuant to Section 6.5 of this ordinance; C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application; D. Falsifying self-monitoring reports; E. Tampering with monitoring equipment; F. Refusing to allow the Director timely access to the facility premises and records; G. Failure to meet effluent limitations; H. Failure to pay fines; I. Failure to pay sewer charges; J. Failure to meet compliance schedules; K. Failure to complete a wastewater survey or the wastewater discharge permit application; L. Failure to provide advance notice of the transfer of business ownership of a permitted facility; or M. Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user. 5.7 Wastewater Discharge Permit Reissuance A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit AGG03FFA application, in accordance with Section 4.5 of this ordinance, a minimum of thirty (30) days prior to the expiration of the user's existing wastewater discharge permit. SECTION 6. REPORTING REQUIREMENTS 6.1 Baseline Monitoring Reports Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in paragraph B, below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in paragraph B, below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged. B. Users described above shall submit the information set forth below. (1) Identifying Information. The name and address of the facility, including the name of the operator and owner. (2) Environmental Permits. A list of any environmental control permits held by or for the facility. (3) Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the PO'I'W from the regulated processes. (4) FIow Measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, AGGO3FFA (5) (6) (7) (8) as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e). Measurement of Pollutants. (a) The categorical pretreatment standards applicable to each regulated process. (b) The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in Section 6.10 of this ordinance. (c) Sampling must be performed in accordance with procedures set out in Section 6.11 of this ordinance. Certification. A statement, reviewed by the user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements. Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in Section 6.2 of this ordinance. Signature and Certification. All baseline monitoring reports must be signed and certified in accordance with Section 4.6 of this ordinance. AGG03FFA 6.2 Compliance Schedule Progress Reports The following conditions shall apply to the compliance schedule required by Section 6.1 (B)(7) of this ordinance: Ao The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation); B. No increment referred to above shall exceed nine (9) months; The user shall submit a progress report to the Director no later than fourteen (14) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and In no event shall more than nine (9) months elapse between such progress reports to the Director. 6.3 Reports on Compliance with Categorical Pretreatment Standard Deadline Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in Section 6.1 (B)(4-6) of this ordinance. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a AGGO3FFA reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with Section 4.6 of this ordinance. 6.4 Periodic Compliance Reports All significant industrial users shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with Section 4.6 of this ordinance. All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge. If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the Director, using the procedures prescribed in Section 6.11 of this ordinance, the results of this monitoring shall be included in the report. 6.5 Reports of Changed Conditions Each user must notify the Director of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least twenty (20) days before the change. AGGO3FFA 6.6 The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under Section 4.5 of this ordinance. The Director may issue a wastewater discharge permit under Section 4.7 of this ordinance or modify an existing wastewater discharge permit under Section 5.4 of this ordinance in response to changed conditions or anticipated changed conditions. For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants. Reports of Potential Problems In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the Director at 214-987-5400 and the Control Authority at 214-670-5700 of the incident. This Notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. B. Reserved. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in paragraph A, above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure. 6.7 Reports from Unpermitted Users All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the Director as the Director may require. 6.8 Notice of Violation/Repeat Sampling and Reporting If sampling performed by a user indicates a violation, the user must notify the Control Authority within twenty-four (24) hours of becoming aware of the AGG03FFA violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Control Authority within thirty (30) days after becoming aware of the violation. The user is not required to resample if the Control Authority monitors at the user's facility at least once a month, or if the Control Authority samples between the user's initial sampling and when the user receives the results of this sampling. 6.9 Notification of the Discharge of Hazardous Waste Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such. constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under Section 6.5 of this ordinance. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of Sections 6.1,6.3,and 6.4 of this ordinance. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and AGG03FFA 6.10 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a onetime notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification. Co In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Director, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations. In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical. Eo This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law. Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. 6.11 Sample Collection Ao Except as indicated in Section B, below, the user must collect wastewater samples using flow proportional composite collection AGG03FFA 6.12 Bo Timing Written techniques. In the event flow proportional sampling is infeasible, the Director may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. 6.13 Record Keeping Users subject to the reporting requirements of this ordinance shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this ordinance and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the AGG03FFA user or the City, or where the user has been specifically notified of a longer retention period by the Director or Control Authority. SECTION 7. COMPLIANCE MONITORING 7.1 Right of Entry: Inspection and Sampling The Director or the Control Authority or their authorized representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this ordinance and any wastewater discharge permit or order issued hereunder. Users shall allow the inspecting person ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the inspecting person will be permitted to enter without delay for the purposes of performing specific responsibilities. The Director or Control Authority shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations. The Director or Control Authority may require the user to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Director or Control Authority and shall not be replaced. The costs of clearing such access shall be borne by the user. AGG03FFA E. Unreasonable delays in allowing the inspecting person access to the user's premises shall be a violation of this ordinance. 7.2 Search Warrants If the Director or Control Authority representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the Director or Control Authority representative may seek issuance of a search warrant from an appropriate court. For purposes of this section, the Director is designated as the code enforcement official of the City. SECTION 8. CONFIDENTIAL INFORMATION Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director or Control Authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable State law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such AGG03FFA information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. SECTION 9. PUBLICATION OF USERS NONCOMPLIANCE IN SIGNIFICANT The Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); AGGO3FFA Eo Any other discharge violation that the Director believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public; Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of his emergency authority to halt or prevent such a discharge; Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report noncompliance; or Any other violation(s) which the Director determines will adversely affect the operation or implementation of the local pretreatment program. SECTION 10. ADMINISTRATIVE ENFORCEMENT REMEDIES 10.1 Notification of Violation When the Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written Notice of Violation. An explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of this AGG03FFA plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. 10.2 Reserved. 10.3 Show Cause Hearing The Director may order a user which has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. 10.4 Administrative Orders When the Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may AGG03FFA issue an administrative order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring, management practices designed to minimize the amount of pollutants discharged to the sewer, and pretreatment or control of the quantities and rates of discharge of wastewater to bring the discharge within the limits of this ordinance. An order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does an administrative order relieve the user of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user. 10.5 Cease and Desist Orders When the Director finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to: A. Immediately comply with all requirements; and AGG03FFA Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. 10.6 Reserved 10.7 Emergency Suspensions The Director or Control Authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director or Control Authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director or Control Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director or Control Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director or Control Authority that the period of endangerment has passed, unless the termination proceedings in Section 10.8 of this ordinance are initiated against the user. Bo A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the AGG03FFA measures taken to prevent any future occurrence, to the Director and the Control Authority prior to the date of any show cause or termination hearing under Sections 10.3 or 10.8 of this ordinance. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. 10.8 Termination of Discharge In addition to the provisions in Section 5.6 of this ordinance, any user who violates the following conditions is subject to discharge termination: A. Violation of wastewater discharge permit conditions; B. Failure to accurately report the wastewater constituents characteristics of its discharge; and Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or Violation of the pretreatment standards in Section 2 of this ordinance. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.3 of this ordinance why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user. SECTION 11. JUDICIAL ENFORCEMENT REMEDIES 11.1 Injunctive Relief AGGO3FFA When the Director or Control Authority finds that a user has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Director or Control Authority may petition the District Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this ordinance on activities of the user. The Director or Control Authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user. 11.2 Civil Penalties Ao A user who has violated, or continues to violate, any provision of this ordinance, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City for a maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City. Co In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. AGG03FFA Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. AGGO3FFA 11.3 Criminal Prosecution; Criminal Responsibility A user who violates any provision of this ordinance, a wastewater discharge permit, further regulations and procedures established by the Director and/or Control Authority or an administrative order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than Two Thousand Dollars ($2,000.00) per violation, per day. A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalty. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law. A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this ordinance, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not more than Two Thousand Dollars ($2,000.00) per violation. CRIMINAL RESPONSIBILITY. A culpable mental state is not required to prove an offense under this ordinance. A person is criminally responsible for a violation of this ordinance if: (1) the person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or (2) the person owns or manages the property or facilities determined to be the cause of the illegal discharge under Section 2.1, 2.2, 2.4, 3.4, or 4.2. 11.4 Remedies Nonexclusive The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with AGG03FFA the City's enforcement response plan. However, the Director may take other action against any user when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. 11.5 Applicability of More Stringent Regulations Ao If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this ordinance are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this ordinance. Bo Applicability of more stringent discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules: (1) If the governmental entity has more stringent discharge limits than those prescribed by this ordinance, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as a part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail. (2) The Director is authorized to issue a discharge permit to an industrial user affected by Subsection (1), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the Director may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the Director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes. AGG03FFA (3) If the Director chooses not to issue or amend a permit under Subsection (2), the Director shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits. (4) The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity or the United States Environmental Protection Agency. The Director shall take the appropriate action to notify the affected industrial user of an occurrence under this Subsection (4). Variances in compliance dates. The Director may grant a variance in compliance dates to an industry when, in the Director's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the Director grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency. Authority to regulate. The Director may establish regulations, not in conflict with this ordinance or other laws, to control the disposal and discharge of industrial waste into the wastewater system and to insure compliance of the city's pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made a part of any discharge permit issued to an industrial user by the Director. SECTION 12. SECTION 13. 13.1 Upset A. Reserved. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond AGG03FFA the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph (C), below, are met. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information within twenty-four (24) hours of becoming aware of the upset: (a) A description of the indirect discharge and cause of noncompliance; (b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is AGG03FFA 13.2 13.3 provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. Reserved. BYPASS For the purposes of this section: (1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this section. (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the Director, at least ten (10) days before the date of the bypass, if possible. (2) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. AGG03FFA (2) Bypass is prohibited, and the Director may take an enforcement action against a user for a bypass, unless (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The user submitted notices as required under paragraph (C) of this section. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph (D)(1) of this section. SECTION 14. 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 15. 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. AGG03FFA SECTION 16. 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 7 th day of ~, 1993. APPROVED: A'n'EST: CITY SECRETARY APPROVED AS TO FORM: CITY A'I-rORNEY (RLD/gh 8-24-93) AGGO3FFA ORDINANCE NO . 93 / 33 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 11, BLOCK 46 OF THE UNIVERSITY HEIGHTS #5 ADDITION, MORE COMMONLY KNOWN AS 4005 MARQUETTE, TO INST~LL FOOD PREPARATION FACILITIES IN A DETACHED ACCESSORY STRUCTURE SUBJECT TO SPECIAL CONDITION; PROVIDING FOR THE REPEAL OF ALI. ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DO~ 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 the property described as Lot 11, Block 46 of the University Heights #5 Addition, more commonly known as 4005 Marquette, to install food preparation facilities in a detached accessory structure in accordance with the plans submitted for construction and further provided that the granting of this specific use permit is subject to the special condition that the property owners sign a deed restriction that runs with the land that the accessory structure cannot be used for lease/barter exchange. SECTION 2. 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 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 thereof decided to be unconstitutional, illegal or invalid, 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 5th day of October , 1993. APPROVED: ATTEST: CITY SECRETARY CITY ATTORNEY (RLD/ch 9-22-93) AGG04965 ORDINANCE NO. 93/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING TO LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH THE CITY OF UNIVERSITY PARK, TEXAS; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF CITY RIGHTS-OF-WAY; REPEALINGALL PREVIOUS GAS FRANCHISE ORDINANCES AND ANY OTHER ORDINANCE OR PARTS THEREOF IN CONFLICT WITH ANY PROVISION OF THIS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of University Park, Texas: SECTION I. PURPOSE ae That the City of University Park, Texas, hereinafter referred to as "City," hereby grants, subject to the police power, to Lone Star Gas Company, a division of ENSERCH Corporation, hereinafter referred to as "Company," its successors and assigns, consent to use and occupy the present and future Rights-of-Way of the City, for the purpose of laying, maintaining, constructing, operating, and replacing therein and thereon pipe lines and all other appurtenant equipment needed and necessary for it to deliver gas in, out of, and through the City; and to sell gas to persons, firms, and corporations, including all of the public, within the corporate limits of the City. Bo Ce The Company is not authorized to license or lease to any person or entity the right to occupy or use the City's Rights- of-Way for the conduct of any private business. The Company shall furnish adequate and efficient service to the public at fair, just, and reasonable rates and charges therefor, and Company shall maintain its property, equipment, and appliances in good order and condition. SECTION II. DEFINITIONS Whenever used in this ordinance, the following words and terms shall have definitions and meaning provided in this section: A® Company - Lone Star Gas Company, a division of ENSERCH Corporation, its successors and assigns. UPFO:102193 Page I Be Ce Do Eo Fe Ge City - City of University Park, Texas, its agents and employees. Governed by the City or City Governance - Ail ordinance(s), laws, rules, regulations, and charter provisions of the City of University Park, Texas, including state and federal regulations, now in force or that may hereinafter be passed and adopted. Facilities - Ail manholes, conduits, underground passageways, structures, appurtenances, and all associated equipment. Use - Any acquisition, contribution, reconstruction, maintenance or operation of any facilities in, over, under, along, through or across the Rights-of-Way for the delivery, transporting, sale, or distribution of gas in and out of the City. Riqhts-of-Way - Ail present and future public streets, avenues, highways, alleys, easements, public ways, and public grounds, within the Corporate Limits of the City of University Park, Texas. Corporate Limits of the City - As defined by the City's boundary ordinance. Gross Receipts - The amount received by Company from each customer within the City for gas delivered by Company. Transportation Customer - A customer which engages Company to transport natural gas through Company's distribution system for a fee. SECTION III. TERM This ordinance shall continue for a period of fifteen (15) years from and after the date this ordinance shall become effective. Provided, however, that at the end of the expiration of the initial period, such term maybe extended by mutual written agreement of the City and Company for a period not longer than one (1) year. SECTION IV. CONSTRUCTION, MAINTENANCE AND EXCAVATION ae The Company shall lay, maintain, construct, operate, and replace its pipes, mains, laterals, and other equipment so as to interfere as little as possible with the use of Rights-of- Way by the City and others and shall promptly clean up and restore to an approximate original condition, at its cost, all Rights-of-Way. The location of all mains, pipes, laterals and other appurtenant equipment shall be consistent with UPFO: 102193 Page 2 Be C® D® ordinances and regulations of the City as may be, from time to time, amended or revised by any subsequent ordinance. All work shall be done to City standards. A permit shall be obtained from the City Director of Public Works prior to the initiation of any construction, repair, replacement, or other act within the Rights-of-Way. The Company shall submit construction plans and/or drawings with the permit application. The Company shall cooperate with the City at all times by providing timely and complete information regarding the location of all gas lines within the corporate limits of the City. The Company shall at all times take necessary precautions and use methods to protect other utilities located in Rights-of- Way. Should damage to City utilities occur through Company's actions, a written report signed by a supervisor of damage to City utilities will be submitted to the City within five (5) working days detailing the cause and extent of damage. City will provide similar report to Company of damage by City to Company Facilities within five (5) working days. The Company, in opening and refilling all earth openings, shall replace the pavement and do all other work necessary to complete restoration of Rights-of-Way to an approximate original condition: The Company shall promptly clean up and restore any earth openings and shall complete permanent restoration within 24 hours of the completion of its work in the case of the following thoroughfares: Preston Road, Hillcrest Avenue, Lovers Lane, and University Boulevard. Any exceptions to this provision shall be at the direction of the City Director of Public Works. In the case of all other streets, the Company shall promptly clean up and restore any earth openings and shall complete such temporary restoration within forty- eight (48) hours of the completion of its work. Company will maintain temporary repairs acceptable to the Director of Pubic Works until permanent repairs are made. If the pavement or other surface has not received final restoration within fourteen (14) days, the City shall give the Company written notice requiring restoration within an additional seventy-two (72) hours. If the Company fails or refuses to complete the restoration within the additional seventy-two (72) hours, the City may complete or have completed necessary repairs to restore Rights-of-Way. The Company agrees to reimburse the City for all cost of repairs. UPFO: 3.023.93 P&g® 3 Ee Fe Ge Erosion and sedimentation shall be controlled by the Company in accordance with ordinances and regulations of the City as may be, from time to time, amended or revised by any subsequent ordinance. Permanent erosion control shall be required by the Company upon completion of all work within the Rights-of-Way. When the Company is required to relocate its mains, laterals, and other facilities to accommodate construction, and Company is eligible under federal, state, county, local or other programs for reimbursement for its costs and expenses incurred as a result of such relocation, and such reimbursement is required to be handled through the City, Company costs and expenses shall be included within any application by City for reimbursement, provided that Company submits the appropriate cost and expense documentation to City prior to such application. City shall make a reasonable effort to provide sufficient notice to the Company to allow the submittal of appropriate cost documentation of the costs and expenses of such relocation to the City. The Company shall not be required to extend mains on any Rights-of-Way of the City more than one hundred (100) feet for any one consumer of gas, provided that no extension of mains is required if the consumer will not use gas, at a minimum, for space heating and water heating or the equivalent load. The City shall have the authority at any time to order and require the Company to alter, adapt, conform or remove any of its facilities within any Rights-of-Way, and such alterations and changes shall be made promptly without claim for reimbursement or damages against the City its agents or employees. When Company shall make or cause to be made excavations or shall place obstructions in any Rights-of-Way, the public shall be protected by barriers and lights reasonably necessary to warn members of the public of the hazardous conditions and to protect public's safety; said barriers and lights to be erected and maintained by the Company shall be consistent with ordinances and regulations of the City as may be, from time to time, amended or revised by any subsequent ordinance. SECTION V. EMERGENCY REPAIRS In the event of an emergency repair by the Company, the City shall be notified by the Company as soon as possible when repairs shall be performed, and any permit or formal notice to the City shall be delivered by no later than the end of the next following working day. UPFO-' 102193 P&g,~ 4 SECTION VI. CUSTOMER RATES A® In addition to the rates charged for gas supplied and transported, the Company may make and enforce reasonable charges, rules, and regulations for service rendered in the conduct of its business, including a charge for services rendered in the inauguration of natural gas service, and may require, before furnishing service, the execution of a contract therefor. However, all such charges, rules, and regulations involving any consumer of gas within the corporate limits of the City shall be subject to regulation, supervision, and approval by the City Council of the City as appropriate. The Company shall have the right to contract with each customer, if customer so desires, with reference to the installation of, and payment for, any and all of the gas piping from the connection thereof with the Company's main in the Rights-of-Way to and throughout the customer's premises. Company shall own, operate, and maintain all service lines, which are defined as the supply lines from the Company's main to the customer's meter where gas is measured by Company. The customer shall own, operate, and maintain all yard lines and house piping. Yard lines are defined as the underground supply lines extending from the point of connection with Company's customer meter to the point of connection with customer's house piping. Be The Company shall be entitled to require from each and every consumer of gas, before gas service is commenced, a deposit in an amount calculated pursuant to the Company's Quality of Service Rules on file with the City as may be in effect during the term of this franchise, and which are incorporated, in their current form within this franchise agreement by reference as if incorporated in full. Said deposit shall be retained and refunded in accordance with such Quality of Service Rules and shall bear interest, as provided in Texas Revised Civil Statutes Annotated Article 1440a as it may be amended from time to time. Company shall be entitled to apply said deposit, with accrued interest, to any indebtedness owed Company by the consumer making the deposit. SECTION VII. NON-EXCLUSIVE FRANCHISE The rights, privileges, and franchises granted by this ordinance are not to be considered exclusive, and the City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person or corporation for the purpose of furnishing gas for light, heat, and power to and for City and the inhabitants thereof. SECTION VIII. COMPENSATION TO THE CITY UPFO: 102193 Page 5 ae The Company, its successors and assigns, agrees to deliver and pay to the City, and the City agrees to accept, on or before the 15th day of February, 1994, a sum of money which shall be equivalent to: Four percent (4%) of the gross receipts received by the Company from the sale of gas during the preceding calendar year (1993) to all its customers within the corporate limits of the City; A sum of money equal to four percent (4%) of any fees received by the local distribution Company for the transportation of gas during the preceding calendar year to customers within the corporate limits of the City, regardless of the origination of the gas within the Company system of lines; and A sum of money equal to four percent (4%) of the customer purchase price of any and all gas transported by the Company to customers within the corporate limits of the City during the preceding calendar year. Thereafter, Company, its successors and assigns, agrees to deliver and pay to the City, and City agrees to accept, not later than the 15th day of February of each succeeding year during the life of this franchise, up to and including the year 2008 (plus the one year extension described in section III), a sum of money which shall be equivalent to items VIII.A.1, VIII.A.2, and VIII.A.3 as described above. Each transportation customer of the Company shall disclose to the Company the purchase price of said gas. Should the transportation customer fail or refuse to disclose or furnish such purchase price to Company, Company shall establish same by using 110% of the Houston Ship Channel index of prices for large packages of gas published each month in Inside FERC's Gas Market Report (or a successor publication or another publication agreed upon by the City and the Company) for the period of time the transportation service is performed. Company shall use all due diligence in collecting from customers any and all fees required by this franchise agreement, but shall not be responsible for paying same to the City if the Company's customer refuses to pay. Provided, however, that if the Company's transportation customer refuses to pay the fee imposed on the purchase price of the gas transported, and remains delinquent in payment of such fee for a period greater than thirty days, Company shall be responsible for the uncollected fee on any gas thereafter transported through the Rights-of-Way of the City to the Company's transportation customer, but in no event shall the customer be relieved of its obligation to reimburse the Company for any fees paid to the City. UPFO=102193 P&ge 6 Ce De Ee Fe Ge The payments herein provided shall be for the period of January 1 through December 31 of the year in which the payment is made (i.e., payment for 1994 paid on or before February 15, 1994), and shall be for the rights and privileges herein granted to the Company, including expressly the right to use the Rights-of-Way. Should any payment due date required by this agreement fall on a weekend or declared bank holiday, payment shall be delivered to the City no later than the close of business of the working day prior to any specifically required due date contained within this agreement. It is expressly agreed that the aforesaid payment shall be in lieu of any payments for the right to use the Rights-of-Way of the City, including expressly, the charge permitted to be levied by V.T.C.A., Tax Code Secs. 182.021-182.026 and 182.081-182.082, or any successor statute permitting such a charge, however designated. Should the City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of all charges for the use of the Rights-of-Way of the City, the City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy the Company's obligations, if any, to pay such charges. If the law of the state is changed to provide for a greater charge than that agreed to in this franchise, the City may, at its option, notify the Company of its desire to amend this franchise to impose such greater charge in lieu of the charge provided for herein. In order to determine the payment by the Company for those categories identified in the preceding paragraphs of this Section VIII, the Company agrees that on the same date that payment is made, as provided in the preceding paragraphs of this Section VIII, it will file with the City Secretary a sworn copy of a report in a form (Exhibit "A") to be prescribed and acceptable to the City in sufficient detail to itemize revenues from each of the categories identified in the preceding paragraphs of this Section VIII. The City may have the books and records of the Company examined by a representative of the City to ascertain the correctness of the reports agreed to be filed herein. SECTION IX. ORDINANCE VIOLATIONS The failure of the Company to comply with the terms of this franchise after due notice and hearing and the providing of thirty (30) days for the Company to comply with said terms shall entitle the City to compel compliance by suit in any courts of competent UPFO c 102193 Page 7 jurisdiction and if, upon, final judgment, not subject to further appeal, being entered in favor of the City, the Company still fails to comply with the terms of the franchise and said final judgment, the City may compel compliance under penalty of forfeiture hereof, with the City having an option to purchase Company's property located in the City at a reasonable fair value should such forfeiture occur. In the event the City purchases Company's property under penalty of forfeiture and the City and Company cannot agree upon the reasonable fair value of the property, then the reasonable fair value of the Company's property shall be established by a majority vote of three appraisers with one appraiser selected by the Company, one appraiser selected by the City, and one appraiser selected by the other two appraisers. If the two appraisers are unable to agree upon the third appraiser, then the third appraiser shall be selected by order of a court of competent jurisdiction. The Company further agrees that if for any reason the Company fails to pay the gross receipts charge as provided in this franchise within thirty (30) days following written notice from the City that Company has failed to make said payment, such failure shall be sufficient to permit City to forfeit the franchise without court action. SECTION X. RIGHT TO EXPERT ASSISTANCE The Company agrees that City may, at any time during the term of this agreement, employ at the sole cost and expense of the Company, expert assistance and advice in determining fair, just, and reasonable rates to be charged by the Company to its consumers in the corporate limits of the City, and in determining the extent to which Company is complying with the terms and conditions of this ordinance. The Company agrees to pay reasonable expenses in connection therewith, or reimburse the City for the same, which expense Company shall be entitled to recover through rates and tariffs. SECTION XI. RIGHT TO RENEGOTIATE A® Be Should technological, market-driven, regulatory, or similar changes occur in the natural gas industry which create classes or categories of usage different from those enumerated in Section VIII of this ordinance, or should Company alter the means, methods, or types of uses of the Rights-of-Way of the City, or should the City reasonably believe that the franchise fee provision should be amended in order to not impair the City's ability to receive an adequate franchise fee pursuant to this agreement, then the City may initiate upon written notification to the Company the renegotiation of the franchise fee provision of this ordinance. Should the City request a change in the franchise fee provision of this ordinance, both parties agree to enter into a good faith negotiation. Good faith, for the purpose of this UPFO: 102193 Page 8 ordinance, shall mean an objective, diligent, timely, and responsible discourse on the issue(s) involved and a resolute attempt to settle said issue(s). Should, as a result of renegotiation, City and Company agree to a change in a provision of this ordinance, the change shall become effective immediately upon passage of an ordinance by the City Council of the City and acceptance of the amendment by the Company. The City and Company both agree that passage and acceptance will be a mandatory act following negotiation and agreement. Company agrees to provide any and all information requested by the City to assist in a determination of any changes in conditions, practices, or services provided by Company through the use of the Rights-of-Way of the City. SECTION XII. INDEMNITY In consideration of the granting of this franchise, Company agrees that the City, its agents and employees shall not be liable or responsible for any costs, expenses (including attorney fees), and Company does hereby release, agree to indemnify and keep harmless the City, its agents and employees from and against all suits, actions, or claims of injury to any person or persons, or damages to any property brought or made for or on account of any death, injuries to, or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by the construction, operation, or maintenance of the Gas Distribution Plant or System of the Company, except that this indemnity and hold harmless agreement shall not apply to any situation wherein the City, its agents and employees are solely liable for the actions, suits, or claims of injury or damage brought against the City, its agents and employees In the event that any action, suit, or proceeding is brought against the City, its agents and employees, upon any liability arising out of the construction, operation, or maintenance of the Gas Distribution Plant or System of Company as aforesaid, City shall give notice in writing to Company by registered or certified mail Upon receipt of such notice, the Company, at its sole cost and expense, shall defend such action and take all such steps as may be necessary or proper to prevent the obtaining of a judgment against the City and/or to satisfy said judgment. The City agrees to reasonably cooperate with Company in connection with such defense. UPFO: 102193 P&ge 9 SECTION XIII. ACCEPTANCE OF ORDINANCE ae The Company shall on or before January 4, , 1994 file in the office of the City Secretary, a written instrument signed and acknowledged by its proper officer in substantially the following form: "To the City Council of the City of University Park Texas: Lone Star Gas Company, a division of ENSERCH Corporation, acting by its undersigned official hereunto duly authorized under Lone Star Gas Company's schedule of authorizations, hereby accepts Ordinance No. 93/34 granting a franchise to Lone Star Gas Company, a division of ENSERCH Corporation. ATTEST: LONE STAR GAS COMPANY, A Division of ENSERCH Corporation Authorized Official By.- Vice President STATE OF TEXAS COUNTY OF DALLAS IN WITNESS WHEREOF, this instrument was executed before me, a Notary Public, on this the day of , · Notary Public in and for said County and State My Commission Expires: Be 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 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. uPFOz 102193 Page 10 SECTION XIV. REPEALER AND SAVINGS Ail ordinances and parts of ordinances of the City of University Park, Texas in conflict with the provisions of this ordinance are hereby repealed. The repeal of any ordinance or part of ordinance effectuated by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. SECTION XV. SEVERABILITY It is the intention of the City Council and the Company that this ordinance, and every provision thereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision or portion of this ordinance shall not affect the validity or constitutionality of any other portion of this ordinance. SECTION XVI. GOVERNING LAW AND VENUE This ordinance shall be construed in accordance with any applicable laws and decisions of the State of Texas, and venue for any legal action arising hereunder shall be exclusively in Dallas County, Texas. SECTION XVII. SUCCESSORS AND ASSIGNS This ordinance shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. SECTION XVIII. NOTICE Ail notices, communications, invoices, and reports required or provided for hereunder shall be personally delivered or mailed to the respective parties as follows, or to such other person(s) or address(es) as either party may subsequently specify in writing: If intended for City, to: If intended for Company, to: City Manager City of University Park P. O Box 8005 University Park, TX 75205 W. D. WEISBRUCH VICE PRESIDENT Lone Star Gas Company 301 South Harwood Dallas, TX 75201 UPFO: 102193 Pag~ 11 SECTION XIX. EFFECTIVE DATE This ordinance shall take effect thirty (30) days from and after its acceptance by the company, and it is accordingly so ordained. PASSED AND APPROVED by the University Park City Council on this the 7th day of December , 1993 . APPROVED AS TO FORM: Rob Dillard City Attorney ATTEST: APPROVED: B~bara Hitz~rger ~ Mayor Bobbie Sharp City Secretary UPFO: 102193 Page 12 RECEIVED DEC 2 :3 1,993 ACCEPTANCE OF ORDINANCE NO. 93/34 "To the City Council of the City of University Park Texas: Lone Star Gas Company, a division of ENSERCH CorpOration, acting by its undersigned official hereunto duly authorized under Lone Star Gas Company's schedule of authorizations, hereby accepts Ordinance No. 93/34 granting a franchise to Lone Star Gas Company, a division of ENSERCH Corporation. ATTEST: LONE STAR GAS COMPANY, A Division of ENSERCH Corporation Vi~PresidSnt STATE OF TEXAS COUNTY OF DALLAS IN WITNESS WHEREOF, this instrument wasAexecut~ed before me, Notary Public, on this the J/~ day of,~_.~~- , /f 3 . ~otary Public'~' ~ ~/~ in and for said County and State My Commission Expires~ ~_~/~ /-- a U*PFO: 102193 Page I EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FRANCHISE FEE PAYMENT LONE STAR GAS COMPANY Period Ending: Sales and Transportation Revenues in the City of University Park, Texas: Residential Gas Sales in University Park: Commercial Gas Sales in University Park: Industrial Gas Sales in University Park: Public Authority Gas Sales in University Park: Gas Transportation Revenues for Gas Trans- ported to Customers in University Park: Total Sales and Transportation Revenues in University Park: Less Adjustments (Net Bad Debts): Plus Purchase Price of Gas Transported by Lone Star Gas Company to Customers in University Park: TOTAL: X .04% FRANCHISE FEE: Authorized Signature Date THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned notary public, on this day of , 19 , personally appeared who being sworn upon his/her oath stated that he/she is the for Lone Star Gas Company and that the above franchise fee payment calculation is true and correct to the best of his/her knowledge, information and belief. NOTARY PUBLIC, DALLAS COUNTY, TEXAS COMMISSION EXPIRES: UPFO: 102193 Page 13 ORDINANCE NO. 93-35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 19A, BLOCK 51, IN THE UNIVERSITY HEIGHTS NO. 6 ADDITION, MORE COMMONLY KNOWN AS 3833 CENTENARY, TO INSTALL FOOD PREPARATION FACILITIES IN AN ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITIONS; 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 ($2,000.00) DOLLARS 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 property described as Lot 19A, Block 51, of the University Heights No. 6 Addition, more commonly AGGO4BF1 known as 3833 Centenary, to install food preparation facilities in an accessory structure in accordance with the plans submitted for construction and further provided that such facilities are limited to a refrigerator and double sink, and that the granting of this Specific Use Permit is subject to the special condition that the property owners sign a deed restriction that runs with the land that the accessory structure cannot be used for lease/barter exchange. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and in 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 effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid, and the same shall not effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to a the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of two AGGO~BF1 thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued 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 November, 1993. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ch 11-2-93) CITY SECRETARY AGGO4BF1 ORDINANCE NO. 93-36 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 THE SITE PLAN FOR PLANNNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) SO AS TO PERMIT THE TEMPORARY OUTSIDE STORAGE AND SALE OF BEDDING PLANTS AND CHRISTMAS TREES FOR THE PROPERTY DESCRIBED AS LOT I AND THE EAST 30 FEET OF LOT 2, BLOCK A, IN THE IDLEWILD NO. 2 ADDITION, MORE COMMONLY KNOWN AS 4300 LOVERS LANE, 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 ($2,000.00) DOLLARS 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 University Park, Texas, be, and the same is hereby, amended by amending the Site Plan approved for Planned Development District No. 2 (PD-2-R) to permit the display and sale of bedding plants and christmas trees on the property described as Lot 1 and the East AGGO/~BF2 30 feet of Lot 2, Block A, in the Idlewild No. 2 Addition, more commonly known as 4300 Lovers Lane, subject to the special conditions that no display or sale be permitted on any public right-of-way of the City of University Park and that the authorization for such display and sale of bedding plants and christmas trees as 4300 Lovers Lane cease and be completely removed not later than January 1, 1994. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and in 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 effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid, and the same shall not effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to a the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued shall be deemed to constitute a separate offense. AGGO4BF2 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 November, 1993. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ch 11-2-93) CITY SECRETARY ORDINANCE NO. 93-36 AGG04BF2 ORDINANCE NO. 93/3 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE 93/26 TO CARRY FORWARD GENERAL FUND ENCUMBRANCE BALANCES TOTALING $202,432.65 AND UTILITY FUND ENCUMBRANCE BALANCES TOTALING $182,798.28; 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 1992-93 budget of the City; and WHEREAS, such funds were encumbered by appropriate action authorizing contractual obligations which were not completed or paid during the 1992-93 fiscal year; and WHEREAS, it is necessary to carry forward such encumbrances to the 1993-94 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. 93/26, the 1993-94 fiscal year Budget Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by carrying forward, from the 1992-93 budget, encumbrances in the general fund totaling $202,432.65 and in the utility fund totaling $182,798.28. Such encumbrances are for those projects for which funds were appropriated in the 1992-93 budget, but which were not completed during the fiscal year 1992-93, and for which such funds should be carried forward to the 1993-94 budget year. A list of all such encumbrances are approved AGGO4B8E 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, 1993. APPROVED: APPROVED AS TO FORM: CITY A'FrORNEY CITY SECRETARY AGGO4BSE ENCUMBRANCES ACCO U NT NUMBER Exhibit A AS OF 9/30/93 ACCOUNT DESCRIPTION CITY OF UNIVERSITY PARK BUDGET REPORT 1992-93 ENCUMBR CARRY FORWARD GENERAL FUND 01-02-00-7151 01-02-00-9100 01-03-00-2100 01-03-00-3060 01-03-00-3063 01-03-00-3140 01-03-00-7202 01-03-00-7240 01-03-00-9202 01-03-00-9910 01-04-00-3113 EXECUTIVE CONTINGENCY FUND OFFICE EQUIPMENT FINANCE OFFICE SUPPLIES PROFESSIONAL SERVICES PROGRAMMING/MAINTENANCE HPISD TAX COLLECTION SERVICE MICRO COMPUTER SOFTWARE TUITION & TRAINING MID RANGE COMPUTER PROGRAMMING OFFICE FURNITURE PERSONNEL PRINTING $7,366.00 2,074.00 625.01 5,000.00 3,000.00 24,400.00 115.00 900.00 5,700.00 342.00 600.00 01-10-00-3063 01-10-00-7240 01-10-00-9200 01-10-00-9202 01-25-00-2352 01-25-00-6350 01-35-00-3115 01-35-00-6184 LEGAL PROGRAMMING/MAINTENANCE TUITION & TRAINING MINI COMPUTER EQUIPMENT MINI COMPUTER PROGRAMMING TRAFFIC TRAFFIC MATERIALS SIGN & SIGNAL MAINT. & REPAIR FACl LITY MAINTENANCE CONTRACT MAINTENANCE SECURITY EXPENSE 3,4OO.OO 500.00 1,800.00 2,800.00 4,273.4O 1,052.80 1,254.00 136.05 ENCUMBRANCES ACCOUNT NUMBER Exhibit AS OF 9/30/93 A ACCOUNT DESCRIPTION CITY OF UNIVERSITY PARK BUDGET REPORT 1992-93 ENCUMBR CARRY FORWARD 01-35-00-9950 01-40-00-6190 01-40-00-6200 01-40-40-7250 01-40-00-7725 01-40-00-9355 01-40-00-9910 01-50-00-2350 01-50-00-3063 01-50-00-6330 01-50-00-7240 01-50-00-9202 01-60-00-4390 01-60-00-6190 01-60-00-7601 01-70-00-6205 01-70-00-6380 01-70-00-9900 01-70-00-9905 01-80-00-6370 REMODELING PROJECTS FIRE AUTO REPAIRS EQUIP. REPAIRS/NON VEHICLE MICRO COMPUTER SOFTWARE FIRE PREVENTION FIRE FIGHTING EQUIP.-LIGHT OFFICE FURNITURE POLICE SUPPLIES PROGRAMMING/MAINTENANCE RADIO SERVICE TIUTION & TRAINING MID RANGE COMPUTER PROGRAMS SANITATION LAND FILL AUTO REPAIRS HAZARDOUS WASTE SERV. PARKS PARK FACILITY REPAIR FLOWERS TREES & SHRUBS PARK IMPROVEMENTS POND DREDGING STREETS STREET REPAIR MATERIAL 995.00 665.90 748.38 29.99 712.15 9,307.5O 5,995.00 114.50 6,000.00 524.30 675.OO 4,400.00 25,370.00 2,125.00 207.52 17,949.90 20,055.86 9,250.00 2,195.00 2,639.39 ENCUMBRANCES ACCOUNT NUMBER Exhibit AS OF 9/30/93 A ACCOUNT DESCRIPTION CITY OF UNIVERSITY PARK BUDGET REPORT 1992-93 ENCUMBR CARRY FORWARD 01-80-00-6371 01-80-00-6372 01-80-00-9960 REPAVING OUTSIDE CONTRACTOR TOLLWAY WALL DESIGN BUILDING IMPROVEMENTS TOTAL GENERAL FUND ENCUMBRANCES 16,2OO.OO 1,434.OO 9,5OO.OO 202,432.65 02-21-00-4280 02-22-00-2370 02-22-00-3060 02-22-00-6350 02-22-00-9521 02-23-00-6200 02-23-00-9550 02-23-00-9595 UTILITY FUND UTILITY OFFICE WATER PURCHASES WATER SERVICE BACKFILL MATERIALS PROFESSIONAL SERVICES WATER MAIN MAINTENANCE GENERATOR WASTEWATER EQUIP. REPAIRS/NON VEHICLE PUMPS SAFETY EQUIPMENT TOTAL UTILITY FUND ENCUMBRANCES 150,000.00 312.15 14,765.73 3,6O4.8O 4,411.60 550.00 4,333.00 4,821.00 182,798.28 ORDINANCE NO. 94/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REMOVING THE TWO-HOUR PARKING TIME RESTRICTION RELATIVE TO THE NORTH SIDE OF THE 4100 BLOCK OF HYER FROM WESTCHESTER TO THE ALLEY WEST OF PRESTON ROAD AND ALSO REMOVING THE TWO-HOUR PARKING TIME LIMITATION RELATIVE TO THE SOUTH SIDE OF THE 4100 BLOCK OF DRUID FROM WESTCHESTER TO THE ALLEY WEST OF PRESTON ROAD; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 7th day of January, 1963, the City of University Park, Texas adopted an ordinance duly recorded under volume 8, page 260 of the Ordinance Records of the City of University Park, Texas, establishing parking time restrictions on certain streets located within the City of University Park, Texas; and WHEREAS, the ordinance adopted the 7th day of January, 1963, also established a two-hour parking time restriction on the 4100 block of Druid Lane (north and south) from Preston Road west to Westchester, along with other streets located within the City of University Park, Texas; and WHEREAS, on the 17th day of November, 1969, the City of University Park, Texas adopted Ordinance No. LIX, duly recorded under volume 8, page 542 of the Ordinance Records of the City of University Park, Texas, amending the ordinance establishing a two- hour parking time restriction on certain streets located within the City of University Park, Texas, to include the 4100 block of Hyer Street (north and south) from Preston Road west to Westchester Drive; and WHEREAS, the City Council of the City of University Park, Texas, has determined that the two-hour parking restrictions on the south side of the 4100 block of Druid Lane from Westchester to the alley west of Preston Road and also the north side of the 4100 block of Hyer from Westchester to the alley west.of Preston Road are no longer needed or necessary; and WHEREAS, the City desires to eliminate such parking restrictions on the south side of the 4100 block of Druid Lane from Westchester to the alley west of Preston Road and also the north side of the 4100 block of Hyer from Westchester to the alley west of Preston Road; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park does hereby eliminate the two-hour parking time restriction on that portion of the south side of the 4100 block of Druid Lane from Westchester to the alley west of Preston Road. SECTION 2. That the City of University Park does hereby eliminate the two-hour parking time restriction on that portion of the north side of the 4100 block of Hyer from Westchester to the alley west of Preston Road. SECTION 3. That the City of University Park does not desire to remove any other restriction relative to the above described streets except as hereinabove set forth. SECTION 4. 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 5. 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 ordinance as a whole. 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 1st day of February , 1994. APPROVED: Mayor Al=rEST: By: ~ City Secretary APPROVED AS TO FORM: City Attorney RLD/sll ORDINANCE NO. 94/2 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 7, IN THE MOUNT VERNON #2 TO UNIVERSITY HEIGHTS ADDITION, MORE COMMONLY KNOWN AS 3637 BINKLEY, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE DETACHED ACCESSORY STRUCTURE, SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABIUTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS 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 is amended by amending the zoning map so as to grant a specific use permit for property described as Lot 20, Block 7 in the Mount Vernon #2 to University Heights Addition, an addition to the City of University Park, Dallas County, Texas, more AGGO51FF commonly known as 3637 Binkley, to permit food preparation facilities in the detached accessory structure, provided that the facilities may include a single compartment sink and an under counter refrigerator only, and further provided that the granting of this specific use permit 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 2. 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 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinances be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect 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 effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two AGGO51FF Thousand ($2,000.00) Dollars for each offense, and each and every day such a violation is continued 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 1st day of March , 1994. APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 2-23-94) APPROVED: ATTEST: CITY SECRETA-~ AGGO51FF ORDINANCE NO. 94/3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO GRANT A SPECIFIC USE PERMIT TO RELOCATE A PRIVATE TENNIS COURT, LIGHTING, AND A FENCE TO THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED AS LOT 1, BLOCK 13, OF TROTH'S SUBDIVISION ADDITION, MORE COMMONLY KNOWN AS 3925 DRUID; 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 ($2,000.00) DOLLARS 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 to relocate a private tennis court, lighting and a fence to the southwest corner of the property described as Lot 1, Block 13, of Troth's Subdivision Addition, an addition to the City of University Park, Dallas County, Texas, and known as 3925 Druid. 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 no more than six (6) "courtsider series" downcast lights mounted on twenty (20) foot round steel poles in accordance with the data sheets submitted with the application; b. That the fence to be erected on the north side of the tennis court may be up to seven (7) feet in height as shown on the final detailed site plan for the tennis court, lighting and fence which 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. daily; and d. The south side of the tennis court will be screened with evergreen shrubs or trees, a minimum of ten (10) feet in height in accordance with the final detailed site plan and will be maintained by the property owner at all times so as to screen the tennis court area from the adjacent property to the south. 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 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 lst: day of March ,1994. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY A'I-rORNEY (RLD/ckh 2-23-94) ORDINANCE NO. 94/4 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 SECTION 8-104 OF APPENDIX A, THE ZONING ORDINANCE, TO THE UNIVERSITY PARK CITY CODE TO PERMIT PARK OR PLAYGROUND (PUBLIC) USES IN ALL RESIDENTIAL ZONING DISTRICTS; 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 ($2,000.00) DOLLARS 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 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 Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 8-104 to permit park or playground (public) uses, as defined in Section 31-102 (64), to be located in the residential zoning districts, including the SF-1, SF-2, SF-3, SF-4, SF-A, D-l, D-2, MF-1, MF-2, and MF-3 districts. SECTION 2. the provisions of this ordinance be, and the same are hereby, repealed and all other That all ordinances of the City of University Park in conflict with 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 1st day of March ., 199,4. APPROVED: MAYOR ATTEST: CITY SECRETARY 'CITY-ATTORNEY (RLD/ckh 2-23-94) ORDINANCE NO. 94 / 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 FOR THE PROPERTY DESCRIBED AS LOT 5, BLOCK 1, IN THE CARUTH HILLS ADDITION, MORE COMMONLY KNOWN AS 3124 SOUTHWESTERN, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE DETACHED ACCESSORY STRUCTURE; 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 ($2,000.00) DOLLARS 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 is amended by amending the zoning map so as to grant a specific use permit for property described as Lot 5, Block 1, in the Caruth Hills Addition, an addition to the City of University Park, Dallas County, Texas, more commonly known as 3124 Southwestern, to permit food preparation facilities in the detached accessory structure, AGG053AC provided that the facilities may include a bar sink in guest quarters above the detached garage. SECTION 2. 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 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinances be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 a violation is continued 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. AGG053AC 5th DULY PASSED by the City Council of the City of University Park, Texas, on the day of April , 1994. APPROVED: MAYOR Al-rEST: APPROVED AS TO FORM:~K--"~ CITY ATTORNEY (RLD/ckh 3-28-94) CITY SECRETARY AGG053AC ORDINANCE NO. 94 / 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 LOT 11, BLOCK 12, IN THE HIGHLAND PARK HIGH SCHOOL ADDITION, MORE COMMONLY KNOWN AS 4437 DRUID, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN THE DETACHED ACCESSORY STRUCTURE; 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 ($2,000.00) DOLLARS 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 is amended by amending the zoning map so as to grant a specific use permit for property described as Lot 11, Block 12 in the Highland Park High School Addition, an addition to the City of University Park, Dallas County, Texas, more commonly known as 4437 Druid, to permit food preparation facilities in the detached accessory AGG05)AD structure, provided that the facilities may include a bar sink in the nook studio/gameroom above the garage. SECTION 2. 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 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinances be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 a violation is continued 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. AGG053AD 5th day of DULY PASSED by the City Council of the City of University Park, Texas, on the April , 1994. APPROVED: A'n'EST: CITY SECRETARY APPROVED AS T~ FORM: _ CITY ATTORNEY (RLD/ckh 3-28-94) AGG053AD ORDINANCE NO. 94/7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING THE SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 2 (PD-2-R) SO AS TO PERMIT THE TEMPORARY OUTSIDE STORAGE AND SALE OF BEDDING PLANTS FOR THE PROPERTY DESCRIBED AS THE EAST THIRTY FEET OF LOT 2 AND LOT 1, BLOCK A IN THE IDLEWILD NO. 2 ADDITION, MORE COMMONLY KNOWN AS 4300-18 LOVERS LANE; 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 ($2,000.00) DOLLARS 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 and Map of the City University Park, Texas, be, and the same is hereby, amended by amending the Site Plan approved for Planned Development District No. 2 (PD-2-R) to permit the display and AGGO53DD sale of bedding plants on the property described as the East 30 feet of Lot 2 and Lot 1, B~ock A, in the Idlewild No. 2 Addition, more commonly known as 4300-18 Lovers Lane. That the granting of this amendment is subject to the following This is a temporary use for ninety (90) days beginning March 15, 1994, and ending June 15, 1994. B. This temporary amendment is for the outside storage and sale of spring bedding plants only. C. The owner shall be permitted to construct a temporary shade structure 1500 square feet in area on the property in accordance with plans to be submitted to and approved by the building official. D. No lighting or other electrical appliances will be permitted on the property in connection with this temporary use. E. No signs will be permitted on the property in connection with this use. F. Delivery of plants to the property in connection with this use shall be limited to the hours between 7:00 a.m. and 6:00 p.m. G. The outside display, storage and sale of goods on the property shall be behind the required set back lines of the zoning ordinance. H. No outside display or sales or any other temporary use made under this ordinance will obstruct or interfere with the use of the public parking spaces adjacent to the property. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and in 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 SECTION 2. special conditions: A. AGGO53DD invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid, and the same shall not effect 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 or of the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to a the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 5th day of April , 1994. APPROVED: MAYOR / ~ ATTEST: CITY SECRETARY AGGO53DD APPROVED AS TO FORM: CITY AI IORNEY (RLD/ch 03-31-94) AGGOS~DD ORDINANCE NO. 94 / ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BYAMENDING SECTION 8-701 OF APPENDIX A, THE ZONING ORDINANCE, TO THE UNIVERSITY PARK CITY CODE TO PROVIDE SPECIAL FRONT YARD REGULATIONS; AMENDING SECTION 18-1000 TO DELETE SUBSECTION (1); AMENDING SECTION 21-1000 TO DELETE SUBSECTION (1) AMENDING SECTION 23-105 TO READ "RESERVED"; 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 ($2,000.00) DOLLARS 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 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 Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 8-701 (3) to read as follows: SPECIAL FRONT YARD REGULATIONS "8-701 · · · Goods, wares and merchandise offered for sale shall not be displayed outside of the building in the GR, RC, SC, PD, or C AGGOS~FD Districts. See Chapter 4, Section 6, of the Code of Ordinances for Special Event Permit and License regulations and Chapter 4, Section 7, for regulations regarding Christmas tree lots. SECTION 2. That Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 18-1000(1) as follows: "18-1000 ADDITIONAL REGULATIONS Reserved. (1) SECTION 3. That Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 21-1000(1) as follows: "21-1000 ADDITIONAL REGULATIONS Reserved. (1) SECTION 4. That Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 23-105 as follows: "23-105 Reserved ." SECTION 5. 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. AGGO53FD SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinances be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 a violation is continued shall be deemed to 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 cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of April ,1994. A"I'rEST: CITY SECRETARY // AGG053FD APPROVED AS ~T~ FORM.'~ ' CITY ATTORNEY (RLD/ckh 4-1-94) AGGO53FD ORDINANCE NO. 94/9 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 SECTION 8-103 OF APPENDIX A,'THE ZONING ORDINANCE, TO THE UNIVERSITY PARK CITY CODE TO PERMIT MASSAGE THERAPY AS AN ACCESSORY USE TO A HAIR SALON; AMENDING SECTION 8-104 TO PERMIT PLAYFIELD (PUBLIC) USES IN ALL RESIDENTIAL ZONING DISTRICTS; 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 ($2,000.00) DOLLARS 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 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 Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 8-103 to permit Massage Therapy as an accessory use in a hair salon in the UC-1, O-1, 0-2, GR, RC, SC, C, and PD districts. SECTION 2. That Appendix A of the University Park City Code, the Zoning Ordinance, be, and the same is hereby, amended by amending Section 8-104 to permit Playfield (Public) uses, as defined in Section 31-102(69), to be located in the residential AGG053C5 zoning districts, including the SF-1, SF-2, SF-3, SF-4, SF-A, D-l, D-2, MF-1, MF-2, and MF-3 districts. 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, 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 is continued 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 5thday of AprJ_l ,1994. APPROVED: MAYOR AGG053C5 A'I-rEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 3-30-94) AGG053C5 ORDINANCE NO. 94/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CREATING A SPECIAL SIGN DISTRICT FOR THE PORTIONS OF THE UNIVERSITY CAMPUS-1 AND UNIVERSITY CAMPUS-2 ZONING DISTRICTS WHICH ARE THE PROPERTY OF SOUTHERN METHODIST UNIVERSITY, MORE SPECIFICALLY SHOWN IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF FOR ALL PURPOSES; PROVIDING 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 FIVE HUNDRED ($500.00) DOLLARS 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 Southern Methodist University property located in the University Campus-1 and University Campus-2 zoning districts 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 known as the Environmental Standards Committee, has considered a special exception to Chapter 12 of the Code of Ordinances, submitted by Southern Methodist University, to provide signage for the University campus as part of an overall graphics program. That such request was accomplished by a plan which provided such details AGGO53DE and specifications as were required by the Committee and in the opinion of the Committee, such graphics programs 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 the area covered by this special sign district is depicted in Exhibit "A" attached hereto and made part hereof for all purposes. That such area is completely within the University Campus-1 and University Campus-2 zoning districts and is only the property owned by Southern Methodist University within such districts. SECTION 3. 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. Those conditions are as follows: A. Permitted Signs. The following signs shall be permitted in this special sign district: 1. Identification Campus Identification, Building/Specific Area Identification, Changeable Message, Parking Identification, On Campus Street Identification signs constitute Identification signs in this special sign district. 2. Directional Campus Directional, Map Directory, Kiosk Directory Map signs constitute On Campus Directional signs in this special sign district. AGGO53DE o Traffic Control Manual of Uniform Traffic Control signs for State of Texas shall govern sign panels used for primary traffic control in this special sign district. Parking Area Control Signs shall constitute Secondary traffic control for parking in this special sign district. Temporary Banners, exterior placards, bunting, flags and streamers, permitted only in conjunction with a University sponsored event, and construction signs as approved by the Buildings and Grounds Committee of the Board of Trustees of Southern Methodist University and the Building Official of the City of University Park, constitute Temporary signs in this special sign district. Temporary signs are to remain in place no longer than 30 days. Special/Historic Building names either incised or as individually mounted as metal letters, dedication plaques, bequest plaques, incised paving, and permanent memorial graphics fixed to masonry work constitute Special/Historic signs in this special sign district. Sign Definitions Signs of this special sign district are categorized as follows: Identification, Directional, Traffic Control, Temporary, Special/Historic. Illustrations of typical signs are approved in Exhibits A-l, A-2, A-3, C and C-1. 1. Identification signs ac Campus Identification - A single or double sided illuminated, permanent masonry ground exterior sign which provides identity for the campus at major entry portals. Building/Specific Area Identification - A single or double sided, non-illuminated, permanent ground, double pole, exterior sign which provides identification of School or Division, building or specific area name, hours of operation, and accessibility information for buildings or specific activity locations at their entrances, and generally located adjacent to such entrances. Co Parking Identification A single or double sided, non- illuminated, double pole, permanent, exterior ground sign which provides identification, permit, hours of operation, AGG053DE vehicle recovery and accessibility information, generally located at entrances to authorized, multi-space parking areas. Changeable Message - A double faced, double sided, single pole, internally illuminated, permanent exterior sign which provides changeable message information for temporary events; generally located adjacent to entries of McFarlin Memorial Auditorium, Meadows School of the Arts, Hughes- Trigg Student Center, Morrison-Bell Track Stadium, Moody Coliseum, Joe Perkins Natatorium and Mustang Band Hall. Text on these signs will be limited to announcement of the event, participants, date, time and organizer. Campus Street Identification - A double faced, double sided, single pole, non-illuminated, permanent exterior sign which provides street names, and block address sequences and generally located at corners of streets bounding and within the University Campus-1 and University Campus-1 zoning districts. Directional signs a. Directional signs Campus Directional sign - A double faced, double post, non-illuminated, permanent exterior sign which provides School/Division name, Building name or names for buildings or specific activity locations by adjacency and sequential approach; generally located adjacent to major campus entries, building groups, permit controlled parking areas and athletic activity locations. (2) Map Directional sign - A single faced, double post, non-illuminated, permanent exterior sign which provides campus division, building and specific activity location names through graphic and textual representation, accessibility, security and general campus wayfinding information; generally located adjacent to major campus entries, parking and athletic activity locations. (3) Kiosk Map sign - A single or double faced, illuminated, wall or ground mounted,, permanent exterior sign which AGGO53DE provides campus division, building and activity location names through graphic, textual and electronic representation; provides accessibility, security and general campus wayfinding information; generally located adjacent to information kiosks at major campus entries. o Traffic Control Signs Manual of Uniform Traffic Control signs for State of Texas shall govern signs used for primary traffic control. Refer to MUTC for message, sizes and colors. Constitutes Primary traffic control authority for the special sign district. Parking Area Control sign - A single sided, single pole, non- illuminated, permanent exterior sign which provides allowance, restriction or prohibitions for parking for either on-street or single space parking areas; generally located within the University Campus-1 and University Campus-2 zonings districts. Constitute Secondary traffic control authority for the special sign district. Temporary Signs Banners - single or double faced non-rigid, tension or air pressure supported, wall or suspension mounted, temporary exterior displays. When suspended, this sign type shall not be displayed over forty (40) feet above grade. Exterior placards - single or double faced, single pole, non- illuminated, ground mounted, temporary exterior display. Bunting - colored, non-graphic, non-textual, non-rigid decorative tension or air pressure supported, wall or suspension mounted, temporary exterior displays. Bunting will be allowed only in the University Campus-1 zoning district and at Moody Coliseum. Flags and streamers - As described for this special sign district and not exclusive of definitions provided elsewhere in Chapter 12, as colored, non-rigid decorative tension or air pressure supported, wall or suspension mounted, temporary exterior displays. Grouped total of any single display shall not exceed five (5) individual items. Flags and streamers will be AGGO53DE allowed only in the University Campus-1 zoning district and at Moody Coliseum but not along the frontages of Hillcrest Avenue, Mockingbird Lane or Daniels Avenue. Construction signs Single faced, double pole, non- illuminated, temporary exterior sign which provides area for graphic depiction of finished project and a list of public information including firms involved in construction and donors who have provided funding for the project. Special/Historic Building Names- exterior, permanent, incised, individual, capital or Greek letters or individually mounted cast gold or bronze color, metal capital or Greek letters. bo Bequest and Dedication plaques - incised or relief letters, characters, or graphic images portrayed in cast or carved masonry as wall, pedestal or monument mounted, exterior signs generally located adjacent to buildings or in exterior permanent public spaces. Masonry entrance signs of brick and cast stone and incised or bronze mounted letters at main entry points to the campus. Special Sign District Signs Sign dimensions given are per face. Signs will carry information on two faces where appropriate. 1. Identification signs Building and specific area identification signs shall not exceed eighteen (18) square feet or 5'-0" in height. Changeable message signs (small) shall not exceed twenty- eight (28) square feet or 8'-0" in height. Co Moody Coliseum Changeable Message Sign shall not exceed ninety (90) square feet in sign area and twenty (20) feet in total height. Parking identification signs shall not exceed ten (10) square feet in area or 7'-0" in height. AGGO53DE Campus Street Identification signs shall not exceed eight (8) feet in height. Directional signs Campus Directional Signs Shall not exceed twenty-eight (28) square feet in total sign area and six (6) feet in height. Map directory signs shall not exceed nine (9) sq. ft. in area or 5'-0" in height. Traffic Control Manual of Uniform Traffic Control signs for State of Texas shall govern sign panel sizes used for primary traffic control in this special sign district. Parking Area Control Signs which constitute secondary traffic control for parking in this special sign district shall not exceed four (4) square feet in sign area and ten (10) ft. in height. Temporary Banners, exterior placards, bunting, flags and streamers, as approved by the Building Official of the City of University Park shall not exceed the following: (1) Banners shall not exceed one hundred and twenty (120) square feet in sign area and may be located perpendicular to a street axis at no less than fifteen (15) feet above grade and no greater than thirty (30) feet above grade including catenary allowance for suspension. The banners erected from time to time at the Greer Garson Theater are excepted from this size restriction. (2) Placards shall not exceed twenty (20) square feet in total area. (3) Bunting shall not exceed one hundred (100) square feet in total area. (4) Flags and streamers shall not exceed four hundred (400) square feet in total area and shall not be suspended more than sixty (60) feet as measured to the highest point of display material or suspension. AGGO53DE bo Construction signs shall be single sided and shall not exceed thirty-two (32) square feet in sign area, and no more than eight (8) feet in height. 5. Special/Historic Building names either incised or as individually mounted as metal letters, dedication plaques, bequest plaques, incised paving, and permanent memorial graphics fixed to masonry work existing as of the date of adoption of this Ordinance by the City of University Park, Texas, shall remain as installed. All others submitted for approval after this date shall not exceed the following: ao Building names shall not exceed one hundred (100) square feet in total sign area whether incised or as applied individual metal letters. bo Plaques shall not exceed twenty-five (25) square feet in sign area. Masonry entrance signs shall not exceed 20 ft. in length or 6 ft. in height. do Permanent memorial graphics size shall be by approval of the Buildings and Grounds Committee of the Board of Trustees of Southern Methodist University for any placement within the bounds of the University Campus-1 and University Campus-2 zoning districts. Sign Colors, Materials and Illumination Sign Colors Signs within the SMU special sign district shall be limited to the following colors: Identification signs, Directional signs, Temporary Construction signs, Non-MUTC Traffic and Parking Control sings - - Panels: SMU Blue (PMS #294), SMU Red (PMS #192), SMU Grey (PMS #Warm-5), SMU Yellow (PMS #130), Black, White, Silver - Posts: SMU Blue (PMS #294), Black, Silver bo Reflective versions of the colors listed in Item A above may be used where determined to be in the interest of campus safety AGGO53DE and welfare by the Buildings and Grounds Committee of the Board of Trustees of Southern Methodist University. Sign Materials ao Identification, Directional signs shall be fabricated from square tube steel posts and enamelled steel panels as generally indicated in Exhibit "C". Directional Campus Directional, Map Directory, Kiosk Directory Map signs shall be fabricated from square tube steel posts and enamelled steel and aluminum, matte finish fiberglass panels; any electronic and electric components fabricated and installed must bear Underwriter Laboratories ("UL") listing and conform with all applicable codes and be in a fully waterproof condition for exterior services as generally indicated in Exhibit Co Traffic Control signs shall be fabricated based on materials identified in the UMTC. Poles shall be painted with epoxy enamel paint as described in Exhibit "C". Temporary Construction signs shall be fabricated from pressure treated and post lumber and exterior grade three- quarter inch (3/4") plywood painted on all exposed sides. Placard signs shall be fabricated from cardboard and wood. Special/Historic signs shall be fabricated of sculptural metals, masonry and other permanent architectural materials as approved by the Buildings and Grounds Committee of the Board of Trustees, Southern Methodist University. Illumination Illumination for signs shall comply with the illumination requirements of Chapter 12, Section 6 of the University Park City Code. bo Internal illumination shall be provided by energy efficient electronically controlled tube or bulb sources as listed by Underwriters Laboratories and as approved by City of University Park, and all applicable codes. AGG053DE Eo Co External illumination shall be provided by energy efficient tube or bulb sources as listed by Underwriters Laboratories and as approved by the City of University Park, state and national codes. d. Changeable Message signs shall have internal illumination. e. Campus Identification signs shall have external illumination. Scoreboard Signs at Ownby Stadium Two (2) scoreboard signs shall be permitted in this special sign district in connection with the use of Ownby Stadium. Such scoreboard shall be lighted on the sides facing the spectators (the interior of the stadium) only. Lighting will be provided by a series of small colored and white lights which will be turned off and on so that the lights will be arranged in patterns to provide spectators with information concerning events occurring in the stadium. Space will be provided at the ends of the scoreboards for advertising of sponsor's products. No advertisement will be placed on the portions of the scoreboard facing outside the seating area of the stadium. The end panels of the. scoreboards will be lighted internally. The scoreboards will be illuminated only during events taking place in the stadium. The reverse of the scoreboard placed in the south end zone shall bear the name of the University activities only, but shall contain no advertising or Iogos for any commercial enterprise. The reverse of the north end zone scoreboard shall be blank. The reverse of the scoreboards will not be illuminated at any time. 2. The scoreboards shall be located as follows: In the north end zone, one (1) scoreboard centrally located at the top of the spectator stand. bo In the south end zone, one scoreboard centrally located at the top of the spectator stand. The locations and heights of the scoreboards shall be as shown on the drawing attached hereto as Exhibit "B" and made part hereof for all purposes. o The north end zone scoreboard shall be eight (8) feet by forty-three (43) feet in area (344 square feet), and the south end zone scoreboard shall be ten (10) feet by sixty (60) feet in area, with a 2.5 AGGOS]DE foot x 32 foot extension on top, a total of six hundred eighty (680) square feet. 4. The colors to be used on the scoreboards, the materials to be used in construction of the scoreboards, and the graphics to be placed thereon shall be in accordance with the plans and drawings to be submitted in compliance with the conditions of this ordinance. The colors, materials and graphics to be used for the scoreboards shall be approved by the Urban Design and Development Advisory Committee prior to issuance of any permit for such signs. The graphic design and colors of the reverse side of the south scoreboard will be in accordance with Exhibit "C1" SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and in 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 5. 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 effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid,and shall not affect the validity of the Code of Ordinances as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Code of Ordinances, as amended hereby, shall be given the right to correct the violation within a seven day period or otherwise 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 ($500.00) Dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. AGGOS~DE 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 5th day of April , 1994. APPROVED: APPROVED AS TO FORM: CITY ATTORNEY (RLD/oh 03-31-94) CITY SECRETARY // AGGO53DE SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY LEGAL DESCRIPTION The Limits for the Proposed special sign district for Southern Methodist University shall be as follows: Those areas of the campus identified as UC-1 and UC-2 as shown on page V of the Zoning Ordinance, City of University Park, Texas. EXHIBIT "A" i HIGHLAND PARK h m'Hb'-6i's'r' ~:-H'uRcfi S0iT} HE N--- OI - PHODIST NIVF, RSITY SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY A conceptual design for the new Information I~osk. Four locations as indicated on Exhibit "A". Exhibit Al. SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY A conceptual design for the Enhanced Gateway Signs. One location as indicated on Exhibit "A". Exhibit A2. 7.' I SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY A conceptual design for the new Entrance Signs..Four locations as indicated on Exhibit "A". Exhibit A3. SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY Existing scoreboard locations at Ownby Stadium. Exhibit B. r.__ ¢.) ~ -- ORDINANCE NO. 94/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/28; PROVIDING ADDITIONAL REGULATIONS FOR THE SPECIAL SIGN DISTRICT FOR PARK CITIES PLAZA; 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 FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore, in Ordinance No. 90/28, granted a special sign district for Park Cities Plaza on recommendation of the Environmental Standards Committee, now known as the Urban Design and Development Advisory Committee; and WHEREAS, the Urban Design and Development Advisory Committee has made a recommendation that the special sign district be amended; and WHEREAS, after notice and public hearing, the City Council has determined that the special sign district for Park Cities Plaza should be amended as recommended by the Urban Design and Development Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 90/28 be, and the same is hereby, amended by amending Section II to read as follows: "SECTION II. That such special sign district is granted on the following terms and conditions: That the plan submitted by Park Cities Plaza providing such details and specifications as have been approved by the Urban Design and Development Advisory Committee, including information with respect to ownership of the land, proposed lighting, type, location, and size of signs, AGG053E5 is attached hereto as Exhibits "A, B, and C" and made part hereof for all purposes, and compliance with said plan shall be a condition precedent to the granting of any building or sign permit or certificate of occupancy as may be required by applicable ordinances of the City. Each new marquee sign to be erected in Park Cities Plaza will be made to have a metal face painted in a flat finish color and incised with white plexiglass letters. Existing marquee signs, if modified in any way, will be made to meet the same criteria. The space between the bottom of the marquee and the top of the sign box shall be limited to three inches. No conduit, junction boxes, raceways, circuit breakers, or other electrical appurtenances shall be exposed except as may be required by applicable law. Parking Signage: metal faced signs with flat finish dark neutral colored and white die-cut vinyl applied lettering to provide time limit, patron usage and enforcement information, categorized as follows: Pole signs, either ground mounted or flange based and bolted to sidewalk or miscellaneous flatwork; Flag signs, mounted to existing metal parking lighting poles in center row of lot mounted to provide a minimum of 8'-0" vertical clearance; 3. Wall signs, mounted to sidewalls of existing buildings; Pedestal entrance signs, tri-faced, mounted on/over concrete bases providing dual directional parking information and real estate information at or near entrances. No face shall be more than 42" in height nor more than 20 square feet in area. The aggregate area of the three faces shall not exceed 50 square feet. Reference is made to attached Exhibit "B" sign drawings to indicate, size, construction and graphic composition details of the Parking Signage. Reference is made to attached Exhibit "C" Site Plan to locate and illustrate the following exception to Chapter 12/Sign Regulation: AGGO53E5 Certain pole signs will be located within the parkway(s) of Dublin or Airline so as to provide the necessary clearance between vehicle bumper and sign pole for safekeeping. Any element of the sign face or frame located within 18" of a walking surface (sidewalk, parking surface, paved median) shall not be less than six feet and eight inches (80") above said surface to allow for safe clearance. Signage: in addition to the principal business sign, signs may be placed and attached in compliance with Chapter 12, Paragraph O, to the projecting canopy in an approved manner, with the bottom of such units to be no lower than the bottom of the principal sign. All other requirements set forth in Paragraph O remain in force. Refer to Exhibit "B" Sign Drawings for size, materials, construction and graphic composition details of this business identification signage. Banner Displays: for seasonal decoration, changeable banners may be raised and displayed upon application for and receipt of a permit from the Building Inspector. Construction, location of and limitations on said banners shall be as follows: Signs - (6) double sided banners. 48" by 96" fabric, rectangular shape. Location(s) - 1st, 3rd, and 5th light poles in centerline of parking lot parallel with Mockingbird. Banners shall be hung on North and South side of each pole. Display height - Yard arms at 20 ft. and 12 ft. above parking surface with banner stretched between. Duration of Display - Seasonal, not to exceed 120 days of continuous display. Shopping Center Signs: sized, mounted and constructed within the guidelines specified in Chapter 12, two such monument signs shall remain located at the corners of the property along Mockingbird Lane; and be relocated in corresponding position relative to future realignment(s) to the right-of-way therein. Reference is made to Exhibits "A" and "C" for existing conditions and location information. The special sign district granted hereby shall apply only to current configuration of Park Cities Plaza, and in the event of future reconfiguration AGG053E5 or redesign of Park Cities Plaza, the signage shall be made to conform to the requirements of Chapter 12, as amended, or to conform with a new special sign district, if applied for and granted. H. That other than the special conditions herein contained and in the plan approved as an exhibit hereto, the signs in Park Cities Plaza shall conform to the requirements of Chapter 12, as amended. I. The provisions of this special exception granting a special sign district for Park Cities Plaza shall create no precedent or exception for any other geographical area of the City and shall not otherwise constitute an amendment or special exception to Chapter 12 of the University Park City Code. J. Prior to issuance of any permit for erection of any sign under the provisions hereof, removal of the pole sign currently located at the east end of the property shall be required. K. These conditions may be further amended by amendment of this ordinance by the City Council to adopt additional specific guidelines for signage within Park Cities Plaza." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and in 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 effect the validity of this ordinance as a whole, or any part or provision thereof other than the part thereof decided to be unconstitutional, illegal or invalid,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 or terms of this ordinance or the Code of Ordinances, as amended hereby, AGG053E5 shall be given the right to correct the violation within a seven day period or otherwise 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 ($500.00) Dollars for each offense, and each and every day such violation is continued 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 5th day of April , 1994. APPROVED: A'I-rEST: APPROVED AS TO FORM: . ~',ii~ ~ ,' CITY A'I-FORNEY (RED/ch 03-31-94) CITY SECRETARY AGG053E5 G QVOI::J 3NIgI:JIV " Z IL -.. ~ ~ SHEET NO. OF ' ORDINANCE NO. 9 4 / 12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 4 TO ADD SECTION 6 REGULATING THE DISPLAY AND SALE OF GOODS OUTSIDE OF A BUILDING; PROVIDING FOR SPECIAL EVENT PERMITS; PROVIDING FOR LICENSING AGREEMENTS FOR THE USE OF PUBLIC PROPERTY; AUTHORIZING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALI.. 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 4 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding Section 6 to read as follows: "SECTION 6: DISPLAY AND SALE OF GOODS OUTSIDE A BUILDING The display, storage, and sale of goods, wares, and merchandise on private and public property outside of a building shall be prohibited, except as permitted in this section, to-wit: a. SPECIAL EVENT PERMIT The Building Official may issue a temporary Special Event Permit (SEP) for the outside display, storage, and sale of goods, wares, and merchandise on private property on the following conditions: (1) A temporary SEP may only be permitted in the General Retail, Retail Center, Shopping Center, Commercial, and retail Planned Development districts. (2) The SEP may be granted only for an entire shopping center or strip from the following list: (a) Snider Plaza and Hillcrest Avenue from Lovers Lane to Daniel. (b) Hillcrest Avenue from Haynie Avenue to Granada Avenue. AGG053FE (c) Lovers Lane from Douglas to Lomo Alto Drive (Miracle Mile). (d) Preston Road from Lovers Lane to Glenwick Lane. (e) The Plaza at University Park. (f) Park Cities Plaza. (3) The SEP may be granted for any one area not more than four (4) times per calendar year, not exceeding four (4) days per event, and with a minimum of sixty (60) days between events for any one area. (4) The SEP may only be granted in connection with the celebration of a specific holiday, civic event or community function. B. TEMPORARY LICENSE AGREEMENT FOR PUBLIC PROPERTY The outside display, storage, and sale of goods, wares, or merchandise on public property shall be prohibited except as may be permitted by the City Council by granting a temporary License Agreement under the provisions of this section. (1) Such License Agreement shall not permit the obstruction of a minimum four (4') foot pedestrian sidewalk, whether such sidewalk is wholly or partially on public or private property. (2) The License Agreement may specifically authorize the temporary obstruction of parking areas and other City rights-of-way. C. SPECIAL CONDITIONS Other special conditions, as deemed necessary by the City Council or the Building Official to increase the compatibility of the temporary use with the adjoining neighborhood, may be required in the granting of a Special Event Permit or License Agreement under this Section." SECTION 2. 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. AGG053FE SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinances be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof other unconstitutional. SECTION 4. than the part thereof decided to be invalid, illegal or That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such a violation is continued 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 5th day of April ,1994. APPROVED: ATTEST: CITY SECRETARY /~-APPB. OVED AS TO FQRM: ~(~ CITY ATTORNEY (RLD/ckh 4-1-94) AGGO5]FE ORDINANCE NO. 94 / 13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ELIMINATING ALL PARKING ON THE NORTH SIDE OF THE 2800 AND 2900 BLOCKS OF SMU BOULEVARD BETWEEN NORTH CENTRAL EXPRESSWAY (U.S. 75) SERVICE ROAD AND DUBLIN STREET; ELIMINATING ALL PARKING ON THE NORTH SIDE OF THE 3200 AND 3300 BLOCKS OF MILTON BE'FWEEN AIRLINE AND HILLCREST; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF 'rwo HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that it is in the best interests of the citizens of the City of University Park that all parking on the north side of the 2800 and 2900 blocks of SMU Boulevard between North Central Expressway (U. S. 75) Service Road and Dublin Street should be prohibited; and WHEREAS, the City Council of the City of University Park, Texas, has determined that it is in the best interests of the citizens of the City of University Park that all parking on the north side of the 3200 and 3300 blocks of Milton between Airline and Hillcrest should be prohibited; NOW THEREFORE BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful for any person to leave, stand or park any motor vehicle at any time on the north side of the 2800 and 2900 blocks of SMU Boulevard between North Central Expressway (U. S. 75) Service Road and Dublin Street. SECTION 2. That it shall be unlawful for any person to leave, stand or park any motor vehicle at any time on the north side of the 3200 and 3300 blocks of Milton between Airline and Hillcrest. SECTION 3. That the City of University Park does not desire to remove any other restriction relative to the above described streets except as hereinabove set forth. SECTION 4. 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 5. 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 6. Any person, firm or corporation violating any of the provisions of this 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 Hundred ($200.00) Dollars for each offense, and each and every day such offense 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. The parking prohibition set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as required by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 5thday of A?r±l , 1994. APPROVED: A'I-I'EST: By: ~~-~ ~, City Secretary APPROVED AS TO FORM: City Attorney RLD/sll ORDINANCE NO. 94/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 7, SECTION 10, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK; REGULATING JUNKED MOTOR VEHICLES; PROVIDING DEFINITIONS; DECLARING JUNKED VEHICLES TO BE PUBLIC NUISANCES; PROVIDING PROCEDURES FOR ABATING AND REMOVING JUNKED VEHICLES AS PUBLIC NUISANCES; PROVIDING FOR DISPOSAL OF JUNKED VEHICLES; PROVIDING AUTHORITY FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF 'rwo HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A COURT ORDER FOR REMOVAL AND ABATEMENT A JUNKED VEHICLE AS A PUBLIC NUISANCE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE Cl'rY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 7, Section 10, of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended to read as follows: "SECTION 10: JUNKED MOTOR VEHICLES A. DEFINITIONS (1) "Police Department" means the Police Department of the City of University Park, Texas. (2) "Demolisher" means a person whose business is to convert a motor vehicle into processed scrap or scrap metal or to otherwise wreck or dismantle a motor vehicle. (3) "Junked Vehicle" means a motor vehicle as described in Section 1, Chapter 42, General Laws, Acts of the 41st Legislature, Second Called Session, 1929 (Article 6701d-11, Vernon's Texas Civil Statutes): (a) That is inoperative; and AGGO52BO (b) That does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dismantled, partially dismantled or discarded, or that remains inoperable for a continuous period of more than forty- five (45) days. (4) "Motor Vehicle" means a motor vehicle subject to registration under the Certificate of Title Act (Article 6687-1, Vernon's Texas Civil Statutes). (5) "Antique Auto" means a passenger car or truck that was manufactured in 1925 or before, or a passenger car or truck that is at least 35 years old. (6) "Special Interest Vehicle" means a motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic interest, is being preserved by hobbyists. (7) "Collector" means the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. B. JUNKED VEHICLES AS PUBLIC NUISANCE (1) A junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight adverse to the maintenance and continuing development of the City, and is a public nuisance. (2) A person commits an offense if that person maintains a public nuisance as determined under this subsection. AGG052B0 C PROCEDURES FOR ABATING NUISANCE To provide for the abatement and removal of a junked vehicle or a part of a junked vehicle as a public nuisance, from private property, public property, or public rights-of-way, the City of University Park adopts the following procedures: (1) For a nuisance on private property, not less than ten (10) days' notice, stating the nature of the public nuisance on private property must be given. The notice must require that the public nuisance be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten day period. The notice must be mailed, by Certified Mail with a five day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and to the owner or occupant of the private premises on which the public nuisance exists. (2) For a nuisance on public property, not less than ten (10) days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, must be given. The notice shall require that the nuisance be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten day period. The notice must be mailed, by Certified Mail with a five day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and to the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. (3) If the Post Office address of the last known registered owner of the motor vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle, or, if the last known registered owner is physically located, the notice may be hand-delivered. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (4) Vehicles removed under the provisions of this Section may not be reconstructed or made operable after they have been removed. AGG052B0 (5) A public hearing must be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the judge of the municipal court if requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. At the hearing, it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. An order requiring the removal of the vehicle or vehicle part must include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle, if the information is available at the site. (6) Notice must be given to the State Department of Highways and Public Transportation not later than the fifth day after the date of removal of a junked vehicle or vehicle part. The notice must identify the vehicle or vehicle part. (7) These procedures may not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junk yard, or an unlicensed, operable, or inoperable antique or special interest vehicle stored by a collector on the collector's property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. (8) The procedures of this subsection shall be administered by regularly salaried, full-time employees of the City of University Park, except that the removal of a vehicle or vehicle part from property may be by any duly authorized person. D DISPOSAL OF JUNKED VEHICLES A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher, or any suitable site operated by the City for processing scrap or salvage. AGG052B0 E AUTHORITY TO ENFORCE A person authorized by the City of University Park to administer the procedures authorized by this Section may enter private property for the purposes specified in this Section to examine a vehicle or vehicle part, obtain information as to identity of the vehicle, and remove or cause removal of a vehicle or vehicle part that constitutes a nuisance as defined herein. The municipal court may issue orders necessary to enforce the procedures of this Section. If the owner or occupant of the premises or the owner of the junked motor vehicle or vehicle part shall give written permission to the Chief of Police for removal of the junked motor vehicle or vehicle part, the giving of such permission shall be considered compliance with the provisions of this Section if given within the ten (10) days after receipt of the notice. F PENALTY AND ABATEMENT A person who commits an offense under this Section is, upon conviction, subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense, and each and every day such violation continues shall be deemed to constitute a separate offense. Upon conviction, the court shall order removal and abatement of the nuisance. The provisions of this Section are cumulative of all other remedies available to the City. This Section does not affect a law authorizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby 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 or the Code of Ordinances, as amended hereby, or any part or provision thereof other than the parts thereof decided AGG052B0 to be invalid, illegal or unconstitutional, and the same 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 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 5thday of April , 1994. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY A'I-rORN EY (RED/ckh 03-09-94) AGG052B0 ORDINANCE NO. 9 4 / :t 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADDING SECTION 7; REGULATING CHRISTMAS TREE LOTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 4 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding Section 7 thereto to read as follows: "SECTION 7: CHRISTMAS TREE LOTS Christmas tree lots may be permitted in non-residential zoning districts if they comply with the following requirements: (1) A temporary permit may be issued by the building official upon application by any person desiring to operate a Christmas tree lot under the provisions of this section. A $500.00 clean up deposit, in the form of a certified or cashier's check payable to the City of University Park, must be tendered along with the application to secure such temporary permit. (2) No Christmas trees or other goods or wares may be displayed on the Christmas tree lot prior to Thanksgiving day each year for which the temporary permit is issued. (3) The Christmas tree lot or area used for Christmas tree sales must be cleared of all goods and wares, including all Christmas trees and other supplies used in connection with the lot, prior to January 2, at which time such temporary permit will expire and be of no further force or effect. AGGOS]7F (4) Christmas tree lots may not be placed, nor may any other use be made of, required off-street or public parking spaces. (5) A temporary electric pole will be authorized for the Christmas tree lot or electricity may be provided from a main building on the same tract, provided that any such connections will comply with the adopted Electrical Code of the City of University Park. No permit holder may use a generator for electricity for the Christmas tree lot. (6) The Christmas tree lot shall be permitted to have one non-illuminated temporary sign not to exceed eight (8) square feet in area. Such temporary sign shall be placed not closer to any adjacent right-of-way a the required building set back lines for the zoning district in which the property is situated. (7) No display of goods or wares, including Christmas trees, shall extend beyond the required building set back lines for the zoning district in which the property is located. (8) No Christmas tree lot shall be operated before 8:00 a.m. or after 10:00 p.m. on any day during the term of the temporary permit." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Code of Ordinances as amended hereby 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 or the Code of Ordinances, as amended hereby, or any part or provision thereof other than the parts thereof decided AGGOS]TF to be invalid, illegal or unconstitutional, and the same 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 or terms of this ordinance or of the comprehensive zoning ordinance, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such violation is continued 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 5thday of A?~-±~_ , 1994. APPROVED: MAYOR ,/~ - ~' -- ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 03-24-94) CITY SECRETARY AGG05~7F ORDINANCE NO. 94/~.6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED; REGULATING SIGNS ON CHRISTMAS TREE LOTS; REGULATING SIGNS ON MARQUEES, PROJECTING OVERHANGS AND AWNINGS; 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 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1, subsection D(14) to read as follows: "(14) A temporary sign shall be permitted for a Christmas tree lot during the same period the lot is permitted by the City. Such sign shall be: on-premise only; placed only on the private property where the lot is permitted; shall not exceed eight (8) square feet in area; and shall be subject to all other restrictions of Chapters 3 and 12." SECTION 2. That Chapter 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1, subsection P to read as follows: "P. SIGNS ON MARQUEES, PROJECTING OVERHANGS AND AWNINGS No portion of a marquee, projecting overhang or awning (all sometimes hereinafter referred to as "projecting extensions"), if used as a sign, or as the supporting structure of a sign, and no sign affixed thereto, shall extend beyond a vertical plane with a one (1') foot setback from the curb, and no vertical fascia, valance or other front-facing portion of a projecting extension shall exceed eighteen (18") inches in height. The permitted building or business identification sign for the site or any portions thereof may be painted or stitched on the projecting extension if an awning or painted on or affixed as individual letters to the projecting extension if a marquee or AGG05380 projecting overhang, but only on that portion parallel (or generally so depending on the configuration of the projecting extension) to the wall of the building. No letters, numbers or Iogos or any part of a sign may extend above or below the vertical portion of the projecting extension except insofar as they may conform to and be a part of the configuration or curvature of the projecting extension. No wood, paper, clock, or temporary signs shall be hung or attached to a projecting extension. Notwithstanding the above, if a projecting extension does not extend beyond four (4') feet from the wall of the building, the portion thereof perpendicular to the wall may be used for a secondary business identification sign not exceeding three (3) square feet in area. Awning signs shall meet the structural requirements of subsection X of this section. Fabric used on awnings shall be opaque and treated to be fire resistant. If lighting is provided within the awning, the graphics portion (lettering, Iogos, and/or numbering) may be incised with translucent fabric. This provision will permit only the graphic portion of the awning sign to be illuminated. Existing nonconforming awning signs, if structurally sound, may be refaced/refabriced provided the new material meets all of the above requirements and the graphics do not exceed eighteen (18")in height." 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 parts thereof decided to be invalid, illegal or unconstitutional, and the same 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 or terms of this ordinance or of the Code of Ordinances, as amended hereby, AGG05380 shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such violation is continued 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 5th day of April , 1994. APPROVED: MAYOR ~ ~ ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY A'I-I'ORN EY (RLD/ckh 03-24-93) AGG05380 ORDINANCE NO. 94 / 1 ? AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 3, SECTION 1C(10), AMENDING THE UNIFORM BUILDING CODE, 1991 EDITION; 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 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section lC(10) to read as follows: "(10) Section 311 is added as follows: Section 311 Construction fence. A fence is required around all new construction sites and around remodeling, alteration, or addition sites. If in the opinion of the building official the proposed remodeling, alteration, or addition would not adversely impact adjoining properties due to construction debris, traffic, or other associated conditions, the building official may waive the requirement of the construction fence or any portion thereof. The minimum height for a construction fence shall be six (6') feet and openings therein shall not exceed six (6) square inches (3871 square millimeters). Gates, when open, shall not obstruct public sidewalks or alleys and shall be locked when daily activities are shut down. On any construction site where, in the opinion of the building official, a solid fence would insure the safety of the public, a solid fence shall be required." SECTION 2. 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 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 Code of Ordinances as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such violation is continued 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 day of A;pz:±~. ,1994. APPROVED: APPROVED AS TO FORM: ,,---,, CITY ATTORNEY (RLD/ckh 3-24-94) CITY SECRETARY ORDINANCE NO. 94/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER TWO OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED; PROVIDING FOR ANIMAL CONTROL REGULATIONS; PROVIDING DEFINITIONS; 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 2 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended to read as follows: "CHAPTER TINO ANIMAL CONTROL SECTION 1: DEFINITIONS The following words and phrases shall have the following meanings unless the context clearly indicates otherwise: (a) At large shall mean not under the immediate physical control of a person by means of a leash, rope, or fenced enclosure. (b) Cat shall mean a domestic feline. (c) Chief of police shall mean the chief of police of the City of University Park and includes representatives, agents, or city employees designated by the chief of police to enforce or administer this chapter. (d) Dog shall mean a domestic canine. (e) Owner shall mean a person owning, keeping, or exercising control over an animal, or harboring an animal for more than three (3) days. City manager shall mean the City Manager of the City of University Park and includes representatives, agents, or city employees designated by the City Manager to enforce or administer this chapter. (g) Animal Control Officer shall mean an employee of the City of University Park or a designated contractor responsible for enforcement of Chapter 2 of the Code of Ordinances of the City of University Park. SECTION 2: OFFICE OF ANIMAL CONTROL OFFICER CREATED There is hereby created the office of animal control officer for the City. The animal control officer shall be employed by and under the direction and control of the chief of police or shall be a responsible professional agency performing the functions of animal control in accordance with this chapter by contract with the City of University Park. In either case, the animal control officer or contracting entity, or their agents or employees, shall have those duties and responsibilities as provided herein. SECTION 3: ADMINISTRATION AND ENFORCEMENT OF ANIMAL REGULATIONS The chief of police shall be charged with the administration and enforcement of this chapter unless otherwise specified. SECTION 4: KEEPING OF LIVESTOCK AND WILD ANIMALS PROHIBITED A person commits an offense is he possesses, keeps, or harbors a cow, calf, hog, pig, goat, horse, colt, bear, lion, fox, wildcat, jaguar, cheetah, bobcat, wolf, jackal, leopard, hyena, raccoon, skunk, ocelot, monkey, or any other wild animal in the city. SECTION 5: FOWL A. KEEPING OF FOWL PROHIBITED WITHOUT PERMIT A person commits an offense if he possesses, keeps, or harbors a chicken, rooster, chick, turkey, duck, duckling, pigeon, or any other fowl within the city without a permit issued by the City Council pursuant to the terms of subsection B below. B. PERMIT FOR KEEPING FOWL A person desiring to keep one or more fowl within the city as provided in subsection A, above, shall first make application to the city manager, giving the following information: (1) the name and address of the applicant; Co (2) a description of the facilities designed to house such fowl and the location of such facilities; and, (3) the number and type of fowl. The City Manager shall present the application to the City Council at a regular meeting. If the City Council approves such application, the City Manager shall issue a permit for keeping of such fowl in accordance with the approval of the City Council. REVOCATION OF PERMIT The permit may be revoked by the City Council upon a showing that the keeping of fowl is adversely effecting neighboring property because of unreasonable noise or odor. If the permit is revoked by the City Council, the fowl possessed pursuant to such permit shall be removed from the City within seven (7) days. REPTILES SECTION 6: A. KEEPING OF REPTILES PROHIBITED A person commits an offense if he possesses, keeps, or harbors a venomous reptile within the City. A school, university or YMCA may possess a venomous reptile pursuant to a permit issued by the City Council according to the terms in subsection B, below. PERMIT FOR KEEPING OF REPTILES A school, university or YMCA desiring to keep a reptile or reptiles as provided in subsection A, above, shall first make application to the City Manager, giving the following information: (1) the name and address of the applicant; (2) a description of the facilities designed for keeping the reptile or reptiles; (3) the number and kind of reptiles; and, (4) the purpose for which the reptile or reptiles are being kept. The City Manager shall present the application to the City Council at a regular meeting. If the City Council approves the application, the City Manager shall issue a permit for the keeping of such reptiles in accordance with the approval of the City Council. C. REVOCATION OF PERMIT The permit may be revoked by the City Council upon a showing that the keeping of the reptile or reptiles is adversely affecting neighboring property because of unreasonable odor, or is creating an unreasonable danger to persons occupying or using the neighboring property. SECTION 7: KEEPING OF BEES A person commits an offense if he possesses, keeps or harbors bees in a beehive when such beehive is located within one hundred feet (100') of a lot used for residential purposes other than the lot of the possessor of such beehive. SECTION 8: REGULATION OF DOGS AND CATS; DANGEROUS DOGS; AND IMPOUNDMENT A. DOGS AT LARGE PROHIBITED The owner of a dog commits an offense if he permits such dog to run at large in the City or if he fails, by whatever means are necessary, to prevent such dog from running at large in the City. A dog found at large within the City shall be prima facie evidence of a violation of this subsection and that the owner of such dog failed to prevent such dog from running at large in the City. B. DOGS IN FOOD ESTABLISHMENTS PROHIBITED The owner of a dog or the proprietor or manager of an establishment where food items are sold or offered for sale or consumption on or off the premises commits an offense is he permits a dog to enter or remain in such food establishment. This subsection shall not apply to seeing eye dogs under the control of a blind person. C. UNREASONABLE ANIMAL NOISE PROHIBITED The owner of a dog, cat or other animal commits an offense is he allows such animal by unreasonable barking, howling or other noise to cause unreasonable discomfort to a person of ,ordinary sensibility. D. MAXIMUM NUMBER OF DOGS AND CATS ALLOWED An owner, other than the proprietor of an animal clinic or pet shop, commits an offense if he possesses more than three (3) dogs or three (3) cats, over six (6) months of age, within the city. For the purpose of this subsection, there may be no more than one (1) owner within a residential dwelling unit. Eo POSSESSION OF DANGEROUS DOG PROHIBITED (1) "Dangerous dog" means a dog that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (2) The owner of a dangerous dog(s) in the City shall be subject to the provisions of Chapter 822 of the Texas Health and Safety Code. (3) It shall be unlawful and an offense for any person to keep, harbor, or maintain a dangerous dog within the City limits of the City of University Park, Texas. (4) Whether a dog is dangerous shall be determined as provided in Chapter 822 of the Texas Health and Safety Code. ,DOGS ON SCHOOL PROPERTY A person commits an offense if he permits a dog to be on any school yard or other property of the Highland Park Independent School District without the express permission of school officials. VACCINATIONS (1) Vaccination Required The owner of each dog or cat more than four (4) months old in the City shall have such dog or cat immunized annually with an antirabies vaccine by a person licensed to practice veterinary medicine by the State of Texas. Such owner shall obtain from such veterinarian: (a) a certificate of vaccination stating the name and address of the owner, the name, sex and breed of the dog or cat, and the date of vaccination, and (b) a vaccination tag. (2) Possession of Unvaccinated Animal Prohibited An owner commits an offense if he possesses within the City a dog or cat, which has not been vaccinated within the preceding twelve (12) month period according to the requirements contained in subsection G(1) above. Each day an owner possesses such dog or cat shall constitute a separate offense. The failure or refusal of an owner to produce to the animal control officer, upon request, a current certificate of vaccination shall constitute prima facie proof that such dog or cat has not been vaccinated according to the requirements contained in subsection G(1) above. LICENSES (1) License Required_ The owner of each dog or cat more than four (4) months old in the City shall obtain a license for such dog or cat from the City Manager or his designee. 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. (2) Possession of Unlicensed Animal Prohibited A person commits an offense if he possesses within the City a dog or cat which has not been licensed according to subsection H(1) above. The failure or refusal of an owner to produce to the animal control officer, upon request, a current license tag shall constitute prima facie proof that such dog or cat has not been licensed according to the requirements contained in subsection H(1) above. TAGS (1) Issuance of Tags Upon the presentation of the vaccination certificate and payment of the licensing fee, the City Manager shall issue to the owner a license tag. The tag shall be so marked as to indicate the period of time such license is valid. The license tag shall be valid for a period of one (1) year or until the anniversary date of the vaccination, whichever comes first. The license tag and vaccination tag shall be affixed to a collar which shall be attached to the animal's neck and worn by such animal at all times.. Ko (2) ...Lost or Destroyed Tags In the event a license tag is lost or destroyed, a duplicate shall be issued by the City Manager upon presentation of a receipt shOwing payment of the license fee. The duplicate license tag shall be valid only for the period of time that remains on the original license receipt. REPORTING OF SUSPECTED RABIES A person who has knowledge of an instance where a dog, cat or other animal has bitten, scratched, or attacked a person, or has exhibited signs of rabies shall immediately report such occurrence to the chief of police or the animal control officer. IMPOUNDMENT (1) Impoundment of Dogs At L~rge It is the duty of the animal control officer to take possession of any dog found at large in the city, if the capture of such dog does not reasonably threaten the safety of the animal control officer, and to place such dog in the city animal shelter, in a veterinary clinic, or in some other suitable place. It is further the duty of the animal control officer to take possession of any dog or cat running at large within the city which has been temporarily impounded by any resident of the city and presented to the animal control officer. (2) Confinement of Animals Suspected of Rabies (a) It is the duty of the animal control officer to take possession of any dog, cat, or any other animal in the city which bites, scratches, or attacks a person, or exhibits symptoms of rabies, or may have been exposed to a rabid animal, and to place such animal in a veterinary clinic or the city animal shelter. Such animal shall be quarantined for a period of ten (10) days for the purpose of determining whether such animal is affected by rabies. (b) At the discretion of the local health authority, such animal may be quarantined at the owner's home or other suitable place. For purposes of this section, the local health authority shall mean the animal control officer of the City of University Park, the city health officer of the City of University Park, or a professional entity with which the City has contracted to perform animal control services. If the City has contracted (3) (4) with an entity for animal control services, the entity, or its officer or employees, shall be designated as the local health authority for purposes of this section. Quarantine at the owner's home is appropriate if: (i) Such animal is securely chained or penned so that it cannot escape the control and custody of the owner, and, (ii) the owner agrees that such animal may be inspected at reasonable times by the animal control officer. (c) An owner commits an offense if he refuses to allow the animal control officer to inspect the quarantined animal. (d) That the provisions of Chapter 826 of the Texas Health and Safety Code, to the extent it provides for rabies control by additional or more stringent regulations than this chapter, is hereby adopted, together with the Standards adopted by the Texas Board of Health in connection therewith. Records and Notice to Owner uPOn Impoundment The animal control officer or chief of police, upon receipt of a dog, cat or other animal, shall make a registry of the type, breed, color, and sex of such animal and whether such animal is wearing a license tag. If licensed, he/she shall record the name and address of the owner and the number of the license tag. If the owner is known, he/she shall notify the owner of the impoundment either by telephone or in writing. Redemption of Impounded Animals An owner who desires to redeem an impounded animal shall make application to the chief of police during normal business hours for the redemption of such animal. The impounded animal shall be released to its owner upon: (a) proof that the animal is vaccinated and licensed pursuant to the provisions of this chapter; (b) payment of the impoundment fee specified in subsection K(5), below; and, (c) posting of an appearance bond for any municipal court citations issued for any alleged violations of this chapter. (5) Impoundment Fee-~ 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. (6) Disposition of Unclaimed and Diseased Animals Impounded An impounded animal shall be kept for a minimum of seventy-two (72) hours, or a longer period at the discretion of the animal control officer. If an animal has not been redeemed during the impoundment period, the animal may be destroyed by the animal control officer or sold. If the animal is suffering from rabies or a disease or injury which cannot reasonably be treated without undue expense, the animal control officer shall destroy the animal." SECTION 2. 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 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 Code of Ordinances as a whole. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such violation is continued 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 20th day of April , 1994. APPROVED: MAYOR A'YrEST: CITY SECRETARY / APPROVED AS TO FORM: CITY Aq-~ORNEY (RLD/ckh 04-12-94) t ORDINANCE NO. 94/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 79-10, THE CABLE TELEVISION FRANCHISE ORDINANCE, TO EXTEND THE EXPIRATION DATE FOR NINETY (90) DAYS FROM APRIL 19, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park currently has a Cable Television Franchise with Sammons Communications, Inc. under Ordinance 79-10, as amended; and WHEREAS, Sammons has applied for renewal of the current Franchise in accordance with the Cable Communications Policy Act of 1984, as amended; and WHEREAS, the City Council has had insufficient time and data to properly analyze the application for renewal and desires to temporarily extend the life of the existing Franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the expiration date of the Cable Television Franchise of Sammons Communications, Inc., is extended hereby from April 19, 1994, for a period of ninety (90) days. During this extension of the term of the Franchise, the remaining provisions of Ordinance 79-10, as amended, shall remain in full force and effect, unless the Franchise is sooner renewed by passage of a new Cable Television Franchise Ordinance by the University Park City Council. SECTION 2. This agreement for extension of time should not be construed as a waiver of any rights either party may have pursuant to the Cable Communications Policy Act of 1984, as amended, or any other statute, rule or regulation. 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 20th day of April , 1994. APPROVED: ~^¥o. ATTEST: ECRETARY ~ APPROVED AS TO FORM: ~----... CITY ATTORNEY (RLD/ckh 4-15-94) ORDINANCE NO. 94/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED; PROVIDING A DEFINITION OF CONSTRUCTION SIGN; REGULATING CONSTRUCTION SIGNS; 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 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1, subsection B(IO) to read as follows: "B. DEFINITIONS (10) Construction Sign shall mean a sign stating the names of the general contractor and, if desired, those individuals or businesses directly connected with a construction project. For the purposes of construction signs a "general contractor" shall be an individual, firm, corporation, or other entity that has lawfully obtained a building permit for new construction, remodeling, repair, or an addition to a residence or a business." SECTION 2. That Chapter 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1, subsection L(6) to read as follows: "L. UNLAWFUL SIGNS (6) Certain Construction Sign,s. Construction signs, as defined herein, or any other signs which may identify a contractor, subcontractor or AGG05501 other party connected with the project, in addition to any other restrictions concerning such signs, shall not be permitted on or near the construction site when attached to, painted or erected on temporary buildings or trailers used for offices, storage, on fences, or on dumpsters, unless such signs are for the purpose of constituting the allowable construction sign permitted by this chapter and otherwise comply with the provisions of this chapter." SECTION 3. That Chapter 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1, subsection W(1) to read as follows: "W. Construction Signs (1) Persons shall not erect, install, maintain or use any construction sign on a premises, unless the required building permits for new construction or remodeling have been obtained from the City and said sign conforms with Section 2D and/or 3F of this chapter." SECTION 4. That Chapter 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 2, subsection D to read as follows: "D. Construction Sig. n8 Construction signs shall not exceed six (6) square feet in area, provided that riders or additional plates not exceeding two (2) in number and two hundred forty (240) square inches in area in the .aggregate may be attached. Such signs shall be erected or constructed so that no portion thereof exceeds a height of four (4') feet from the ground. In addition, a temporary "open" sign, not to exceed two (2) square feet in area, may be used for a maximum of eight (8) hours per day when the dwelling is open. Signs on dumpsters identifying the dumpster company and the necessary phone numbers shall not exceed five (5) square feet in area each on two opposite sides of the dumpster. Signs on construction fences identifying the fence company shall not exceed one-half (1/2) square foot in area, and shall be placed on the construction fence in the rear yard of the property." AGGO55O1 SECTION 5. That Chapter 12 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 3, subsection F to read as follows: "F. ,,Construction Signs Construction signs shall not exceed twenty (20) square feet in area or eight (8') feet in height from the ground. Not more than one (1) such sign shall be permitted on any one site. All reference to parties involved in the construction shall be on a single sign. Signs on dumpsters identifying the dumpster company and the necessary phone numbers shall not exceed five (5) square feet in area each on two opposite sides of the dumpster. Signs on construction fences identifying the fence company shall not exceed one- half (1/2) square foot in area, and shall be placed on the construction fence in the rear yard of the property." 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 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 7. 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 Code of Ordinances as a whole. SECTION 8. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City AGG05501 of University Park, Texas, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such violation is continued 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 day of .~ay ., 1994. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/okh 04-21-94) AGG05501 ORDINANCE NO. 94/21 AN ORDINANCE AFFECTING pA/{TICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL P~ETIl%EMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 854.202 (F), 854.204, 854.405, 854.406 AND 854.410 OF TITLE 8, V.T.C.A., GOVERNMENT CODE, AS AME~ED; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF UNIVEKSITY PARK, TEXAS: SECTION I Pursuant to the provisions of Sections 854.202(F), 854.204, 854.405, 854.406, and 854.410 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, which Subtitle shall herein be referred to as the "TMRS Act," the City of University Park, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (which retirement system shall herein be referred to as the "System"): (a) Any employee of this City who is a member of the System is eligible to retire and receive a service retirement annuity, if the member has at least 25 years of credited service in that System performed for one or more municipalities that have participation dates after August 31, 1987, or have adopted a like provision under Section 854.202(f) of the TMRS Act. (b) If a member, to whom subsection (b) of Section 854.204 of the TMRS Act is applicable, shall die before becoming eligible for service retirement and leaves surviving a lawful spouse whom the member has designated as beneficiary entitled to payment of the member's accumulated contributions in the event of the member's death before retirement, the surviving spouse may by written notice filed with the System elect to leave the accumulated deposits on deposit with the System subject to the terms and conditions of said Section 854.204(b). If the accumulated deposits have not been withdrawn before such time as the member, if living, would have become entitled to service retirement, the surviving spouse may elect to receive in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime of the surviving spouse in such amount as would have been payable had the member lived and retired at that date under a joint and survivor annuity (option 1) payable during the lifetime of the member and continuing thereafter during the lifetime of the surviving spouse. (c) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (b) applies may, upon written application filed with the System, receive payment of the accumulated contributions standing to the account of the member in lieu of any benefits otherwise payable under this section. In the event such a surviving spouse shall die before payment of the first monthly benefit of an annuity allowed under this section, the accumulated contributions credited to the account of the member shall be paid to the estate of such spouse. (d) The rights, credits and benefits herein above authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. (e) Any employee of this City who is a member of the System is eligible to retire and receive a "standard occupational disability annuity" under Section 854.408 of the TMRS Act or an "optional occupational disability retirement annuity" under Section 854.410 of the TMRS Act upon making application therefor upon such form and in such manner as may be prescribed by the Board of Trustees of the System, provided that the System's medical board has certified to said Board of Trustees: (1) that the member is physically or mentally disabled for further performance of the duties of the member's employment; (2) that the disability is likely to be permanent; and (3) that the member should be retired. Any annuity granted under this subsection shall be subject to the provisions of Section 854.409 of the TMRS Act. (f) The provisions relating to the occupational disability program as set forth in section (e*) above are in lieu of the disability program heretofore provided for under Sections 854.301 to 854.308 of the TMRS Act. SECTION II This ordinance shall become effective on the first day of September, 1994, provided that it has previously been determined by the Actuary for the System that all obligations of the City to the municipality accumulation fund, including obligations hereby undertaken, can be funded by the City within its maximum contribution rate and within its amortization period. PASSED AND APPROVED this 3rd day of May, 1994. ATTEST: CITY SECRETARY ORDINANCE NO. 94 / 22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY PROVIDING DEFINITIONS; PROVIDING REGULATIONS FOR THE DISPOSITION OF YARD WASTE; 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 ($2,000.00) 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 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section lA, in part, to provide the following definitions: "SECTION 1' REFUSE COLLECTION POLICIES (2) Trash., as used in this section, shall mean rubbish, such as feathers, coffee grounds, ashes, tin cans, paper, boxes, and glass. (3) Yard waste, as used in this section, shall mean grass, grass clippings, leaves, tree trimmings, and yard cleanings." SECTION 2. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 1C to read as follows: AGG0571A "C. RECEPTACLE.~ CAPACITY, WEIGHT, AND CONSTRUCTION OF WASTI- (1) Each of such owners, occupants, tenants, or lessees shall provide a separate container or containers for garbage and trash of not less than ten (10) or more than thirty (30) gallons capacity, constructed of some substantial material, with a tight fitting lid or cover, with such lid or cover tied to a rack, pole or a permanent structure, with handles sufficiently strong for workmen to empty conveniently, and such containers when filled shall not weigh more than fifty (50) pounds, or, in the alternative, shall provide plastic or paper bags treated for all weather strength for such trash or garbage and place the bag accessible for convenient collection. (2) Effective October 1, 1994, individuals disposing of yard waste shall use only city-authorized biodegradable yard waste bags. Said bags when filled shall weigh no more than fifty (50) pounds." SECTION 3. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 1E to read as follows: "E. .EMPTYING WASTE RECEPTACLES AND CONVEYINR GARBAGE AND TRASH No one except the duly authorized agents and employees of the city shall empty garbage cans or trash receptacles or convey or transport garbage, trash, or yard waste on the streets, alleys, and public thoroughfares of the city without a written permit granted and issued by the city manager." SECTION 4. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 1F(1) to read as follows: AGG0571A -- bags exceeds ten (10) bags, in which case the bags shall be placed on the parkway to be picked up." SECTION 7. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by adding subsection (5) to Section 1H, such subsection to read as follows: "(5) The City may recover part or all of the cost of yard waste collection through the sale of biodegradable yard waste bags. The price of said bags may be changed from year to year and shall be established by the comprehensive fee resolution of the city." SECTION 8. 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 9. 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 Code of Ordinances as a whole. SECTION 10. That any person, firm or corporation violating any of the provisions or terms of this ordinance or of the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, and upon conviction shall be punished by a fine not to exceed AGG0571A "F. PLACEMENT OF WASTE RECEPTACLES FOR COLLECTION (1) If the house, building or premises from which the waste is to be collected and removed is adjacent to an alley, the waste receptacles shall be placed for collection on the abutting private property by the owner, occupant, tenant or lessee of the premises. Applications for building permits for the repair, reconstruction, and erection of a new or existing fence shall contain provisions for the storage and containment of waste receptacles on private property and shall be approved by the city engineer or his designated agent prior to issuance of a permit." SECTION 5. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 1G to read as follows: "G. CERTAIN TYPES OF GARBAGE AND TRASH PROHIBITED No person shall deposit, place, or leave in any waste receptacle designated and intended for ordinary residential or commercial garbage and trash, any car or truck batteries, tires, solvents, fuels, oils, toxic chemicals (pesticides, herbicides, paint, etc.), asbestos, products reactive to water, construction materials or yard waste." SECTION 6. That Chapter 6, Health and Sanitation, of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 1H(3) to read as follows: "H. RESIDENTIAL COLLECTION FEE~ 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 city's comprehensive fee resolution. Leaves or grass clippings in biodegradable bags shall be picked up on a regular route in the alley unless the number of AGG0571A the sum of Two Thousand ($2,000.00) Dollars for each offense, and each and every day such violation is continued 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 7th day of June , 1994. APPROVED: WIAYOR ATTEST: CITY SECRETARY ~" APPROVED AS TO FORM: CITY A'I-I'ORNEY (RLD/ckh 6-2-94) AGG0571A ORDINANCE NO. 94/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 93-26, THE 1993-94 FISCAL YEAR BUDGET, TO TRANSFER $148,000 FROM GENERAL FUND UNRESERVED FUND BALANCE TO THE GENERAL FUND OPERATING BUDGET FOR THE YARD WASTE PROGRAM START-UP COSTS; TRANSFERRING $92,500 FROM THE GENERAL FUND MOBIL OIL RESERVE TO THE CAPITAL PROJECTS FUND FOR USE IN THE SNIDER PLAZA STREETSCAPE PROJECT; TRANSFERRING $217,000 FROM THE EMERGENCY FUND TO THE CAPITAL PROJECTS FUND FOR THE TURTLE CREEK BOULEVARD SANITARY SEWER REPAIR; PROVIDING FOR A REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, funds were appropriated for various projects in the general fund in the 1993-94 budget of the City; and WHEREAS, it is necessary to transfer funds among accounts for current City needs; and WHEREAS, the City Council may authorize emergency expenditures as amendments to the original budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Council finds that the expenditures outlined herein should be authorized as amendments to the original budget because of grave public necessity to meet unusual and unforeseen conditions that could not have been included in the original budget through the use of reasonably diligent thought and attention. SECTION 2. That Ordinance No. 93-26, the 1993-94 Fiscal Year Budget Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by transferring $148,000.00 from General Fund Unreserved Fund Balance to the General Fund Operating Budget (Sanitation Department) to be used for start-up costs for the yard waste program, by transferring $92,500 from the General Fund Mobil Oil Reserve to the AGG05718 Capital Projects Fund to be used in the Snider Plaza streetscape project, and by transferring $217,000 from the Emergency Fund to the Capital Projects Fund for the Turtle Creek Boulevard sanitary sewer repair. SECTION 3. All ordinances in conflict with the pro~ e~ ~ ~ are hereby repealed, and all provisions of ordinances not in conflict w~ the provis~ hereof shall remain in full force and effect. 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 7th day of June, 1994. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY A i I ORNEY (RLD/ckh 6-2-94) CITY SECRETARY AGG05718 -~ ~ ORDINANCE NO. 94/:~4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING A TWO HOUR PARKING LIMIT ON THE NORTH SIDE OF THE 3200 BLOCK OF MILTON BETWEEN AIRLINE AND ATHENS FROM MONDAY TO FRIDAY BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M.; PROVIDING FOR THE ERECTION OF APPROPRIATE SIGNS AND MARKINGS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) 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 it shall be unlawful for any person to leave, stand or park any motor vehicle at any time on the north side of the 3200 block of Milton between Airline and Athens for more than two hours on any weekday from Monday through Friday, between the hours of 8:00 a.m. and 4:00 p.m. SECTION 2. That the designated officer of the City of University Park be, and is hereby, directed to erect appropriate signs and place appropriate markings in the 3200 block of Milton to advise motorists of the parking limitation established by this ordinance. 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 provision of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this AGGO574E ordinance as a whole, or any part or provision thereof, other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court in the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 6. This ordinance shall take effect immediately from and after its passage, the publication of the caption as the law and charter in such cases provide, and the placement of appropriate signs and markings as required hereby and by the Code of Ordinances. DULY PASSED by the City Council of the City' of University Park, Texas, on the 7th day of June, 1994. APPROVED: ATTEST: CITY A'n'ORNEY (RLD/ckh 6-6-94) CITY SECRETARY AGG0574E ORDINANCE NO. 94/:~5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 79-10, THE CABLE TELEVISION FRANCHISE ORDINANCE, AS HERETOFORE AMENDED, TO FURTHER EXTEND THE EXPIRATION DATE FOR NINETY (90) DAYS FROM JULY 19, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park currently has a Cable Television Franchise with Sammons Communications, Inc. under Ordinance 79-10, as amended; and WHEREAS, Sammons has applied for renewal of the current Franchise in accordance with the Cable Communications Policy Act of 1984, as amended; and WHEREAS, the City Council has heretofore extended the existing Franchise for a period of ninety (90) days until July 19, 1994; and WHEREAS, the City Council has had insufficient time and data to properly analyze the application for renewal and desires to again temporarily extend the life of the existing Franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the expiration date of the Cable Television Franchise of Sammons Communications, Inc., is extended hereby from July 19, 1994, for a period of ninety (90) days. During this additional extension of the term of the Franchise, the remaining provisions of Ordinance 79-10, as amended and heretofore extended, shall remain in full force and effect, unless the Franchise is sooner renewed by passage of a new Cable Television Franchise Ordinance by the University Park City Council. SECTION 2. This agreement for an additional extension of time should not be construed as a waiver of any rights either party may have pursuant to the Cable Communications Policy Act of 1984, as amended, or any other statute, rule or regulation. 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 20th day of July, 1994. APP~RO~ED: /MAYOR' An'EST: CITY A'n'ORNEY ~' (RLD/ckh 07-11-94) ORDINANCE NO. 9 4 / 2 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE RIGHT-OF-WAY OF ROLAND AVENUE TO THE ABU'I-FING OWNER, TEXAS TURNPIKE AUTHORITY, SAID RIGHT-OF-WAY BEING DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF FOR ALL PURPOSES; AUTHORIZING THE CITY SECRETARY TO FURNISH A CERTIFIED COPY OF THIS ORDINANCE TO THE TEXAS TURNPIKE AUTHORITY TO BE RECORDED IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS THE QUITCLAIM DEED OF THE CITY OF UNIVERSITY PARK TO SAID RIGHT-OF- WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park and the Texas Turnpike Authority have heretofore entered into a Road Widening Agreement (Roland Avenue) effective May 10, 1991 for improvement and modification of the Dallas North Tollway at or near its intersection with Roland Avenue; and WHEREAS, such Agreement includes an obligation of the City to close and abandon a portion of the right-of-way of Roland Avenue between Mockingbird Lane and Project Station 6 + 10 (a point adjacent to the Mockingbird Lane toll plaza) in consideration for various improvements to be performed by the Texas Turnpike Authority in the area; 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 premises hereof and the improvements made by the Texas Turnpike Authority pursuant to the Road Widening Agreement between the City of University Park and the Texas Turnpike Authority effective May 10, 1991, the City of University Park hereby abandons and quitclaims in favor of the Texas Turnpike Authority, the abutting property owner which owns the underlying fee simple, all that certain tract or parcel of land more particularly described in Exhibit "A" attached hereto and made part hereof for all purposes, the same as if fully copied herein. SECTION 2. That the rights being abandoned in the property described herein consist of the street right-of-way of Roland Avenue between Mockingbird Lane and Project Station 6 + 10 (a point adjacent to the Mockingbird Lane toll plaza). APPROVED AS TO FORM: ROBERT L. DILLARD, III (RLD/ckh 7-20-94) SECTION 3. That the City of UniVersity Park does not abandon any other interests other than that described in Exhibit "A", but does hereby abandon all of its right, title or interest either in fee simple or by easement, or otherwise, in the described tract, together with any and all improvements thereon. SECTION 4. That upon completion of the construction requirements of the Road Widening Agreement, plus an addendum, the City Secretary is directed to prepare a certified copy of this Ordinance and furnish the same to the Executive Director of the Texas Turnpike Authority, and recording of this abandonment ordinance in the real property records of Dallas County, Texas, shall serve as a Quitclaim Deed of the City of University Park, Texas, to the Texas Turnpike Authority of such right, title or interest of the City of University Park in and to the tract described in Exhibit "A", either in fee simple or by easement, or otherwise. 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 2nd day of August, 1994. APPROVED: A'I-rEST: CITY SECRETARY/' ~1~ ~87 5~9 S7/19/94 i4:26 9214 9~w 5429 PUBLIC WORKS 002/002 ROLAND AVENUE PA/{CEL 3-1-J Being a description of a 0.3928 acre or 17,111 square feet tract of land, more or less, being part of Roland Avenue, also being a part of Block A, L, ots: 9 & 10, Potomac Park Addition, an addition to ~he City of University Park, as recorded in Volume 5, Page 268, Plat Records of Dallas County, Texas, and bein~ more particularly described as follows: Beginning at an "x" in concrete set for corner at the intersection of the North right-of--way line of Mockingbird Lane and the East right--of--way line Roland Avenue; THENCE South 89 degrees 54 minutes 00 seconds West, with the North right-of-way line of Mockingbird Lane, a distance of 27.13 feet to an "x" in concrete set for corner at the intersection of the West right-of--way line of Roland Avenue, same being the East right--of-way line of the North Dallas Tollway, and lying 50' perpendicularly from the centerline of said North Dallas Tollway as constructed; THENCE North 05 degrees 30 minutes 23 seconds East, with the West right-of--way llne of Roland Avenue, the East right--of-way line of the North Dallas Tollway, a distance of 593.69 feet to an "x" in concrete set for corner; THENCE South 84 degrees 29 minutes 37 seconds East, a distance of 27.00 feet to an "x" in concrete set for corner in the East right-of-way line of Roland Avenue; THENCE South 05 degrees 30 minutes 23 seconds West, with the East right-of-way line of Roland Avenue, a distance of 234.16 feet %o a point for corner at the intersection of said East right--of--way line of Roland Avenue with the South right-of-way line of Potomac Avenue; THENCE North 89 dgeess 51 minutes 23 seconds East, with the South right-of--way line of Potomac Avenue, a distance of 4.02 feet to a point for corner; THENCE South 05 degrees 30 minutes 23 seconds West, a distance of 291.44 feet to a point for corner; THENCE North 03 degrees 55 minutes 36 seconds West, a distance of 24.40 feet to a point for corner on the East right-of--way line of Roland Avenue; THENCE South 05 degrees 30 minutes 23 seconds West with the East right-of-way line of Roland Avenue, a distance of 89.90 feet to the POINT OF BEGINNING and containing 0.3928 acres or 17,111 square feet of land, more or less. The foregoing field notes correctly set out the boundaries of the tract of land herein described. WILLIAM M. COLVIN REGISTERED PROFESSIONAL LAND SURVEYOR NO- 4252 STATE OF TEXAS Field Aid, Inc- March 23, 1992 Texas Turnpike Authority Roland Avenue Parcel 3-l-J EXHIBIT "A" ORDINANCE NO. 94/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT BETWEEN THE CITY OF UNIVERSITY PARK AND THE TEXAS DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Maintenance Agreement between the City of University Park and the Texas Department of Transportation, a true copy of which is attached hereto as Exhibit "A" and made part hereof for all purposes, be, and the same is hereby, approved for execution. That the Agreement provides for routine State maintenance of the facilities of North Central Expressway (U.S. Highway 75) at no cost to the City of University Park, except to the extent the City has previously agreed to be responsible for the maintenance of the landscaping, irrigation system and future painting of the sound wall along the southbound frontage road from Potomac to Lovers Lane. SECTION 2. That the Mayor be, and he is hereby, authorized to execute the Agreement on behalf of the City of University Park, and upon execution, the City Secretary is authorized and directed to furnish an original signed copy of the Agreement to the Texas Department of Transportation with the request that the City receive back a fully executed original thereof for City files. 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 August, 1994. AGG05A44 APPROVED: ATTEST: APPROVED AS TO FORM: CITY A I I ORNEY (RLD/ckh 7-26-94) CITY SECRETARY AGG05A44 Form 1038 Rev. 3/94 Previous versions are obsolete. DHT # 122504 Municipal Maintenance Agreement STATE OF TEXAS * COUNTY OF TRAVIS * THIS AGREEMENT made this day of ,19 __, by and between the State of Texas, hereinafter referred to as the "State", party of the first part, and the City of UNIVERSITY PARK , DALLAS County, Texas (population 2 2,2 0 0 ,19 9 0 , Federal Census) acting by and through its duly authorized officers, hereinafter called the "City", party of the second part. WITNESSETH WHEREAS, the City has requested the State to assist in the maintenance of State Highway routes within such City; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance, control, supervision and regulation of State Highway routes within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto: AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, it is agreed as follows: Coverage 1. This agreement is intended to cover and provide for State participation in the maintenance of the following classification of State Highway routes within the City: A. Non-Controlled Access routes or portions thereof which are described and/or graphically shown as "State Maintained" routes in Exhibit "A", which is attached hereto and made a part hereof. Bo All State Highway routes or portions thereof which have been designated by the Texas Transportation Commission as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B", which is attached hereto and mad~ a part hereof. 1 of 6 Form 1038 Rev. 3/94 Previous versions are obsolete. In the event that the present system of State Highway routes within the City is changed by cancellation, modified routing, new routes or change in the City's corporate limits, the State shall terminate maintenance and this agreement shall become null and void on that portion of the routes which are no longer routes of a State Highway; and the full effect and all conditions of this agreement shall apply to the changed routes or new routes of the State Highways within the City and shall be classified as "State Maintained" under paragraph 1 above, unless the execution of a new agreement on the changed portion of the routes is requested by either the City or the State. General Conditions The City hereby agrees and does hereby authorize the State to maintain the State Highway routes covered by this agreement in the manner set out herein. The City shall retain full responsibility for all items that affect property fights, life, health, etc., of property owners and dwellers adjacent to the State Highway routes and portions thereof. o This agreement shall supplement any special agreements between the State and the City for the maintenance and/or construction of the highways covered herein and this agreement shall supersede any existing Municipal Maintenance Agreements. Traffic regulations, including speed limits, will be established after traffic and engineering surveys have been conducted. 5. The State will erect and maintain all traffic signs necessary to regulate, warn and guide traffic on highway routes in a safe and efficient manner. o It is mutually agreed that, subject to approval by the State, any street lighting system may be installed by the City provided the City shall pay all cost of installation, maintenance and operation except in those installations specifically covered by separate agreements between the City and State. o It is understood and agreed that this agreement is for the purpose of defining the authority and responsibility of both parties for maintenance of highway routes through the City and shall in no way be considered to cover any present or past obligation either real or anticipated concerning such State Highway routes through the City. The City shall prohibit the movement of loads over State Maintained streets which exceed the legal limits for either weight, length, height or width, as prescribed by State law for public highways outside corporate limits of cities, except those having proper permits from the State for such movements. The City shall also, by ordinance and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the street and/or for traffic safety. o The City shall prevent future encroachments within the fight of way of the highway routes and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right of way without prior agreement with the State. 2 of 6 Form 1038 Rev. 3/94 Previous versions are obsolete. 10. The City agrees that traffic control devices, such as signs, traffic signals and pavement markings, in respect to type of device, points of installation and necessity will be determined by traffic and engineering surveys. The City agrees that it will not install, maintain or permit the installation of any type of traffic control device which will affect or influence the utility of the State Highway routes unless approved in writing by the State. Traffic control devices installed prior to the date of this Agreement are hereby made subject to the terms of this Agreement and the City agrees to the removal of such devices which affect or influence the utility of the State Highway routes unless their continued use is approved in writing by the State. It is understood that approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by signature of the plans. 11. The City agrees to assure the grantee's conformance, for proper construction and maintenance of access driveway facilities, in accordance with "Regulations for Access Driveways to State Highways" adopted by the Texas Department of Transportation or in accordance with other standards and specifications for the design, construction and maintenance details subject to approval by the Texas Department of Transportation. 12. It is understood that the use of unused right of way and areas beneath structures will be as determined by a separate agreement. 13. On those State Highway routes and portions thereof which are listed and/or graphically shown on Exhibit "A" as "City Maintained" routes, the City agrees to provide bridge inspection and inventory data to the State in accordance with National Bridge Inspection Standards. Non-Controlled Access Highways The following specific conditions and responsibilities shall be applicable to non-controlled access highways in addition to the "General Conditions" contained herein above. Routes of non-controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "A". State's 1. 4. 5. 6. Responsibilities Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. Assist in mowing and litter pickup. Assist in sweeping and otherwise cleaning the pavement. Assist in snow and ice control. Maintain drainage facilities within the limits of the right of way. Install and maintain normal regulatory warning and guide signs and normal markings for directing highway traffic in a safe and efficient manner. This includes school safety devices, school crosswalks and crosswalks installed in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to the approval of the State. 3 of 6 Form 1038 Rev. 3/94 Previous versions are obsolete. 7. Install, operate and maintain traffic signals in cities with less than 50,000 population. 8. Install all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater than 50,000 population. City's Responsibilities Prohibit angle parking, except upon written approval by the State after traffic and engineering surveys have been conducted to determine that the roadway is o.f sufficient width to permit angle parking without interfering with the free movement of traffic. Install and maintain all parking restriction signs, pedestrian crosswalks, parking stripes and special guide signs when agreed to bythe State and traffic signals in cities with over 50,000 population. Signing and marking of intersecting city streets to State Highway routes will be the full responsibility of the City. o Require installations, repairs, removals or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State. 4. Maintain highway drainage facilities outside the limits of the right of way. o Retain all functions and responsibilities for maintenance, control, supervision and regulation which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of roadway ditches does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits except where participation by the State other than above is specifically covered in a separate agreement between the City and the State. o Maintenance and operation of all Federally-funded, off-system traffic signals and on-system traffic signals in cities greater than 50,000 population. Controlled Access Highways The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Routes of controlled access highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "B". State's Responsibilities 1. Maintain the traveled surface of the through lanes, ramps and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right of way width where no frontage roads exist, and assist in performing these operations between the right of way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 4 of 6 Form 1038 Rev. 3/94 Previous versions are obsolete. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and separation structures or roadways. 5. Install and maintain all normal markings and signs on the main lanes and frontage roads necessary for the proper use of the facility and direction of traffic thereon. This includes school safety devices, school crosswalks and Crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. Install, operate and maintain traffic signals at ramps and frontage road intersections. 7. Maintain all drainage facilities within the limits of the right of way. City's 1. Responsibilities Restrict parking on frontage roads to parallel parking on one side only and prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance providing for one-way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal or adjustment is undertaken, crossing over or under tke highway facility or entering the right of way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances and retain its responsibility for enforcing the control of access to the freeway facility. Termination It is understood and agreed between the parties hereto that all obligations of the State created herein to maintain the State Highway routes covered by this agreement shall terminate if and when they are no longer routes of State Highways; and further, that should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Said State assumption of maintenance shall be effective the date of execution of this agreement by the Texas Department of Transportation. 5 of 6 Form 1038 Rev. 3/94 Previous versions are obsolete. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of UNIVERSITY PARK on the ,~'"~"~ day of ~ ,19 ~ r_/ , and the Texas Department of Transportation on the __ day of ,19 ATTEST: CITY OF U~NIV~R. SITY PARK >7/~ '~' ' ~,~._r-- v . / ~' '*'~tle of Signing Official) APPROVAL RECOMMENDED: Dist ri~l~g~neer DALLAS District THE .STATE OF TEXAS Certified as being for the purpose and effect of activating and/or carrying out the orders, established policies, or wcrk programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order No. By Director, Construction and Maintenance NOTE: To be executed in triplicate and supported by Municipal Maintenance Ordinance and Certificate of City Secretary. 6 of 6 SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL Form 1037-1 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF Universtiy Park .., COUNTYOF Dallas , TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT: AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety and necessity of the City, and the people of the City require that State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas, enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense enter upon and maintain said project, conditioned upon the pro~;isions concerning liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part hereof, and marked "MUNICIPAL MAINTENANCE AGREEMENT"; and WHEREAS, said project consists of those State Highways and/or portions thereof which are described and included in the form attached hereto and marked "MUNICIPAL MAINTENANCE AGREEMENT." City Counci~OW' THEREFORE' BE IT ORDAINED by the City of University Park SECTION 1. That the public convenience, safety and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is. hereby authorized to enter upon and maintain said maintenance project. SECTION 3. That the Mayor, or proper City official, of the City, be and is hereby autho- rized to execute for and on behalf of the City an agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked "MUNICIPAL MAINTENANCE AGREEMENT." The City Secretary is hereby directed to attest the agreement and to affix the prope~.sseal of the City thereto. (1 of 2) Plate V-2 1 5-108 SAFETY AND MAINTENANCE OPERATIONS DIVISION MANUAL SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. Form 1037-2 STATE OF TEXAS COUNTY OE Dallas I, Bobbie ti, Sharp , the duly appointed, qualified and acting city secretary of the City of University Park , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held on at 5:00 o'clock P.M. August 2 ,A.D., 19 94 , To certify which, witness my hand and seal of the City of University this due 3rd Park , TEXAS, dayof~Mzgusl~, 19 94_,at University Park Texas. City Secretary of the City of o- University Park , Texas (2 of 2) Plate V 2 1 5-109 EXHIBIT "A" NON CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED None II. CITY MAINTAINED None EXHIBIT "B" CONTROLLED ACCESS HIGHWAYS I. STATE MAINTAINED A. U.S. 75: From Mockingbird Lane to Lovers Lane which includes only those sections of U.S. 75 within the City Limit II. CITY MAINTAINED None PR£ S TONSHIR£ WOOOLAND DELOAC~ NORTHWOOD DEL NORT£ ~AND£RA PARK UNIVERSITY PARK 22,254 MOCK~GB/RD Legend Exhibif Confrolled Access Hi.qhwoy$ I',.~one- Ch'y Maintabed ItT AV£ AVE AVE ! ORDINANCE NO. 94/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5, SECTION 1G, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING ARTICLE 11, DIVISION II, OF THE 1991 UNIFORM FIRE CODE; PROVIDING A DEFINITION; REGULATING USE OF INCINERATORS, BARBECUE PITS, GRILLS OR OTHER OPEN FLAMES; REGULATING THE USE OF A GRILL IN AN APARTMENT OR CONDOMINIUM; 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 ($2,000.00) 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 5 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 1G to add subsection (13) thereto to read as follows: "(13) Article 11, Division II of the 1991 Uniform Fire Code is amended to add the following: For the purposes of this Section, "grill" shall mean a cooking utensil on which food is exposed directly to red heat or open flame from heated briquettes, charcoal, electricity, natural gas, propane compressed gas or wood, and commonly referred to as a barbecue pit, barbecue grill, hibachi or smoker. (b) It shall be unlawful and offense for any person to construct, erect, install, maintain or use an incinerator, barbecue pit, fixed or portable grill, or other open flame cooking device or to burn any combustible material so as to constitute or occasion a fire hazard by the use or burning thereof or so as to endanger the life or property of any person thereby. It shall be unlawful and offense for any person to use or allow or permit to be used a fixed or portable grill in an apartment or condominium unit or within ten (10') feet of any part of an apartment or condominium unit or on or under any portion of the structure of an apartment or condominium unit." AGG05A74 SECTION 2. 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 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Uniform Fire Code 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 thereof decided to be unconstitutional, illegal or invalid, and the same shall not affect the validity of the 1991 Uniform Fire Code, as amended, or the Code of Ordinances as a whole. SECTION 4. That any person violating any of the provisions or terms of this Ordinance or of the 1991 Uniform Fire Code or the Code of Ordinances, as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances of the City of University Park, Texas, and upon conviction in the Municipal Court of the City of University Park, shall be punishable by a fine not to exceed the sum of Two Thousand ($2,000.00) Dollars 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 ,2nd day of Auqust , 1994. AGG05A74 APPROVED: ATTEST: CITY SECRETARY / APPROVED AS TO FORM: CITY AI-rORNEY (RLD/ckh 7-28-94) AGG05A?4 ORDINANCE NO. 94 / 29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 21, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO DESIGNATE THE FINANCE DIRECTOR AS ADMINISTRATOR OF THE MUNICIPAL COURT; PROVIDING FOR THE DUTIES OF COURT ADMINISTRATOR; CREATING THE OFFICE OF CITY MARSHAL; PROVIDING DUTIES OF THE CITY MARSHAL; PROVIDING THE AUTHORITY OF THE CITY MARSHAL; AMENDING CHAPTER 9, SECTION 1 , OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, TO DEFINE THE DUTIES OF THE CHIEF OF POLICE; 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 21, of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding subsections C, D, E, F, and G to read as follows: "C. COURT ADMINISTRATOR The Finance Director of the City shall be the Administrator of the Municipal Court. The Administrator of the Court shall have the power to employ clerks of the Municipal Court and a City Marshal, and supervise the clerks and City Marshal. The clerks of the Municipal Court shall have authority to administer oaths and affidavits, make certificates, affix the seal of the Court thereto and otherwise perform all acts necessary in issuing process of the Court and conducting the business thereof. With assistance of the clerks of the Municipal Court, the Administrator shall be responsible for the proper administration of the affairs of the Municipal Court and the clerk's office and shall: (1) (2) Maintain and keep a record of the business of the court; Collect and account for all fines and court costs paid in all cases filed in the court; AGGO59CD Eo (3) Maintain and keep a record of all bonds filed with the court; and (4) Perform such duties as may from time to time be authorized, delegated or required of the Administrator by the Charter, this Code, the City Manager, or the City Council. OFFICE OF THE (~ITY MARSHAL CREATED There is hereby created the office of City Marshal, to be filled by a qualified person appointed by the Administrator of the Court. The Administrator shall appoint as many Deputy City Marshals as are deemed necessary. The City Marshal and all his deputies shall meet all qualifications necessary to be certified as peace officers by the Texas Commission on Law Enforcement Officer Standards and Education. DUTIES OF THE CITY MARSHAl The City Marshal, acting under the direction of the Administrator, shall perform the following duties: Execute warrants of arrest, subpoenas, and other legal process issued by a Judge of the Municipal Court; (2) Execute other warrants of arrest, subpoenas, and legal process as authorized by law and as determined by the Administrator; and (3) Serve as bailiff of the Municipal Court. AUTHORITY OF THE CITY MARSHAL; ELIGIBILITY FOR PENSION (1) The City Marshal and his deputies shall serve as peace officers of the City and have full police authority in the exercise of their assigned duties, however, they shall not be assigned the duties which are presently assigned to members of the Police Department. (2) The City Marshal and his deputies shall not be members of the Police Department of the City of University Park. The City Marshal and his deputies shall be eligible for membership in the Texas Municipal Retirement System in the same manner as other City employees and shall be paid law enforcement officers for the purposes of qualifying for Survivor's Assistance Benefits under the provisions of Article 6228F, Vernon's Texas Civil Statutes, as amended. AGG059CD G. CITY MARSHAL OATH OF OFFICE The City Marshal and his deputies shall be required to take the Oath of Office before entering upon the discharge of their duties. The oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the City Secretary. The form of the oath shall be the same as required for members of the City Council." SECTION 2. That Chapter 9, Section 1 E, of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended to read as follows: "E. DUTIES SPECIFICALLY (1) Duties at Council Meetings The Chief of Police shall be the Ex Officio Sergeant at Arms of the City Council and shall, either in person or by deputy, attend all its meetings. (2) Attendance and Duties at Municipal Court The Chief of Police shall, either in person or by deputy, bring all prisoners for trial before the Court at the opening thereof each day and shall furnish the Judge each day, before the hour of opening Court, a statement of the arrests made, by whom made, and the offense charged. He shall insure that all officers necessary for testimony in cases coming before the court shall be in attendance at trial and shall assist the City Attorney in collecting and preparing testimony in all cases which may come before the Court. (3) Duty_ to Establish Watches It shall be the duty of the Chief of Police to apportion the police force into different watches so that the entire City may be protected at all times and assign each policeman his round of duty. (4) Duty_ to Keep City. Jail The Chief of Police shall be the keeper of the City jail and shall keep it in a clean and wholesome condition and safely keep all prisoners confined therein, until legally discharged. AGG059CD (5) The Chief of Police shall perform all other duties as may be imposed upon him by state and federal law, the City Charter, this Code of Ordinances, the City Manager and the City Council." SECTION 3. That all provisions of the Code of 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 Code of 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 provision of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not effect the validity of this ordinance as a whole, or any part or provision thereof, other than the part thereof decided to be unconstitutional, illegal or invalid. 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 2nd day of August , 1994. APPROVED: ATTEST: CITY SECRETARY AGG059CD APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 7-19-94) AGGO59CD ORDINANCE NO. 94/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING TEXAS UTILITIES ELECTRIC COMPANY'S PROPOSED RIDER ED - ECONOMIC DEVELOPMENT SERVICE, RATE GC - GENERAL SERVICE COMPETITIVE PRICING, RATE WPC - WHOLESALE POWER COMPETITIVE PRICING, AND RIDER ET - ENVIRONMENTAL TECHNOLOGY SERVICE; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; PROVIDING FOR INTERVENTION IN PUBLIC UTILITY COMMISSION DOCKET 13100; PROVIDING SEVERABILITY; PROVIDING THE REPEAL OF ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Article 1446c, V.A.C.S., on the 6th day of June, 1994, Texas Utilities Electric Company filed its Petition and Statement of Intent seeking to implement within the municipal limits of the City of University'Park, Rider ED; Rate GC; Rate WPC; and Rider ET, to be effective July 11, 1994; and WHEREAS, Texas Utilities Electric Company has appeared before the City Council in public hearing requesting approval of such new tariffs for furnishing electricity and electric service and a public hearing has been held on such statement and request; and WHEREAS, the City Council, after hearing all evidence and arguments regarding such new tariffs, and carefully considering the same, finds that such new tariffs as requested in the Petition filed June 6, 1994, are fair and reasonable and should be approved and adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the request for the Economic Development Service Rider ED; General Service Competitive Pricing Rate GC; Wholesale Power Competitive Pricing Rate WPC; and Environmental Technology Service Rider ET, as specified in the Petition filed with the City on June 6, 1994 by Texas Utilities Electric Company, is granted. SECTION 2. That the charges for electricity and electric service within said City shall be amended to include the tariffs as filed with said Petition on June 6, 1994. SECTION 3. The said tariffs will not increase any customer's existing rates; and whether any revenue losses resulting from implementation of the above mentioned rates and tariffs will be considered to be a cost of service and permitted to be passed on to other customers in a future rate proceeding is reserved for determination in such future rate proceeding. · SECTION 4. In order to ensure that Texas Utilities Electric Company's other customers are not adversely affected by implementation of the tariffs described herein, the City of University Park authorizes intervention in Docket 13100 before the Public Utility Commission of Texas as deemed necessary by the Executive Committee of the Cities' Steering Committee. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City that each of such be given full force and intent for its purpose. SECTION 6. Any ordinance in conflict with the provisions of this ordinance is hereby repealed, provided however, that, except for the changes in tariff schedules as approved by this ordinance, the franchise of Texas Utilities Electric Company with tariff schedules as heretofore approved, shall remain in full force and effect. SECTION ?. This Ordinance and the rates adopted herein shall be and become effective for service rendered from and after' the 11th day of July, 1994, and concurrent with the service of the same on Texas Utilities Electric Company as the order of this City Council as required by Article 1446c, V.A.C.S. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of Septe~ber ,1994. APPROVED: ATTEST: APPROVED AS TO FORM: ROBERT L. DILLARD, III CITY ATTORNEY (RLD/ckh 7-25-94) CITY SECRETARY ORDINANCE NO. 94/3:]. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995; APPROPRIATING THE VARIOUS AMOUNTS REQUIRED FOR SUCH BUDGET; PROVIDING FOR RECORDING OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of University Park, has submitted to the City Council a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 1994-95; and WHEREAS, the City Council has received the City Manager's proposed budget, a copy of which proposed budget and all supporting schedules have been filed with the City Secretary of the City of University Park; and WHEREAS, the City Council has conducted the necessary public hearings as required by law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the proposed budget of the revenues of the City of University Park and the expenditures of conducting the affairs of the City, providing a complete financial plan for the ensuing fiscal year beginning October 1, 1994, and ending September 30, 1995, as submitted to the City Council by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current expenditures of the City for the fiscal year beginning October 1, 1994, and ending September 30, 1995. SECTION 2. That the sum of $23,411,640 is hereby appropriated for the payment of the expenditures established in the approved budget, attached hereto as Exhibit "A" and made part hereof for all purposes. AGGOSD4E SECTION 3. That the City Council reserves the authority to transfer appropriations budgeted from one account or activity to another within any individual activity of the City and to transfer appropriations from designated appropriations to any individual department or activity. That all transfers of appropriations budgeted from one account or activity to another within any individual activity for the fiscal year 1993-94 are hereby ratified and the Budget Ordinance for 1993-94, heretofore enacted by the City Council, be, and the same is hereby, amended to the extent of such transfers for all purposes. SECTION 4. That ail notices and public hearings required by law have been dully completed. That the City Secretary is directed to provide a certified copy of the budget to the County Clerk of Dallas County for recording after final passage hereof. SECTION 5. 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 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 7. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. AGG05D4E PASSED AND APPROVED this the 14th dayof September , 1994. APPROVED: /MAYOR .... ' - - ATTEST: CITY SECRETARY CITY ATTORNEY (RED / ckh 9-8-94) AGG05D4E 09/06/94 12:03 '~2149575399 2149875399 CITY UNIV PARK ROB DILLARD 003/003 CZE~ OF UNZVERSZ~X PAI~, TEXAS B~ FUND AND DEPARTMENT EXHIBIT "A" ~ENERAL FUND: ~eve~ues Le~s: Sanitation Total Revenues 1993-94 1994-95 1995-96 $14,181,739 $12,982,813 $13,300,315 (1,628,000) 0 0 12,553,739 12,982,813 13,300,315 Expenditures: Courts 265,098 266,145 274,919 Engineering 528,119 563,107 577,181 E~uipment Services (Garage) 605,000 0 0 Executive 525,191 584,793 601,427 Faoility ~atn=enmnce 610,484 631,593 655,925 Finance 803~932 651,775 673,660 Fire 2,123,431 2,202,238 2,201,087 Infor~ation services (Data Proc) 148,652 185,217 224,147 ~arks 1,474,258 1,623,879 1,644,168 Personnel 167,275 181,144 181,267 Police 2,829,964 2,946,655 2,986,860 sanitation 1,946,552 0 0 S=reets 1,896,291 2,469,965 2,~32,769 swimming Pool 121,857 170,442 165,565 Traffic 535,911 560,514 578,481 subtotal 14,582,015 13,037,467 13,297,456 Adjustments; Less: Sanitation (1,946,552) 0 0 Total Expenditures 12,635,463 13,037,467 13,297,456 Revenues over Expendi~u=es $1,5~6,276 ($54,654) $2,859 UTILZTY FUND: Revenues Expenditures: Utility Office Wastewater Water Tota~ Expen~i%u=es Revenue over Expenditures EQUZPMENT SERVICES FUND SANITATION FUND: Expenditures DEBT SERVICE TOTAL BUDGET [KENT.XLW]F¥95-6 $7,269,350 $7,362,500 $7,365,665 3,919,608 3,353,009 3,457,190 1,602,232 1,657,259 1,742,386 1,913,944 2,336,847 2,160,664 7,435,784 7,347,115 7,360,240 ($166,434) $15,385 $5,425 0 1,020,015 1,049,560 1,628,000 1,715,100 1,715,100 1,946,552 2,065,895 2,124,437 (318,552) (350,795) (409,337) 1,256,733 961,163 946,837 23,274,532 23~11,640 23,728,970 ORDINANCE NO. 94/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 1994-95 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 1994, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENDITURES; 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 there be and is hereby levied for the year 1994 on all taxable property, real, personal and mixed, situated within the limits of the City of University Park, Texas, and not exempt by the constitution of the state and valid state laws, a tax of $.477734 on each $100 assessed valuation of taxable property, and such taxes shall be apportioned and distributed as follows: (A) $.43416 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) $.04318 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 Refunding Bonds Series 1993 and for 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. AGGO5D52 SECTION 2. That all ad valorem taxes shall become due and payable on October 1, 1994, and all ad valorem taxes for the year shall become delinquent after January 31, 1995. That in addition to any statutory exemptions for the 1994 tax year, the City Council hereby authorizes a general homestead exemption of twenty (20%) percent of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION 3. That a delinquent tax shall incur all penalty and interest authorized by law, including a penalty of six (6%) percent on the amount of the tax for the first calendar month it is delinquent, plus one (1%) percent for each additional month or portion of a month the tax remains unpaid prior to July, 1 of the year in which it becomes delinquent. A tax delinquent on July 1 incurs a total penalty of twelve (12%) percent of . the amount of the delinquent tax without regard to the number of months the tax has been delinquent. A delinquent tax shall also accrue at the rate of one (1%) percent for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1995, incur an additional penalty of fifteen (15%) percent of the amount of taxes, penalty, and interest due. Such additional penalty is to defray costs of collection due to a contract with the City's tax collection attorney pursuant to Section 33.07 of the Tax Code. SECTION 4. 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. AGG05D52 SECTION 5. 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 thereof decided to be unconstitutional, illegal or invalid. SECTION 6. passage as the law and charter in such cases provide. PASSED AND APPROVED this 14th day of 1994. This Ordinance shall take effect immediately from and after its APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-8-94) September APPROVED: ATTEST: CITY SECRETARY ~" AGG05D52 ORDINANCE NO. 94/ 33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 6 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 6 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 6. 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 PARK DIRECTOR ASST. FIRE CHIEF CITY ENGINEER HUMAN RESOURCES DIRECTOR DEPUTY FIRE CHIEF POLICE CAPTAIN ASSISTANT CITY MANAGER SANITATION SUPERINTENDENT MGR. INFO. SERVICES BUILDING OFFICIAL EQUIP. SERV. SUPT. ACCOUNTING SUPERVISOR TRAFFIC SUPERINTENDENT PARK SUPERINTENDENT STREET SUPERINTENDENT WASTEWATER SUPERINTENDENT WATER SUPERINTENDENT GIS COORDINATOR PURCHASING AGENT WATER DEPARTMENT MANAGER CITY SECRETARY E 904 5,420 6,775 8,130 E 904 5,420 6,775 8,130 E 755 4,720 5,900 7,080 E 702 4,471 5,588 6,706 E 636 4,160 5,200 6,240 E 611 4,043 5,053 6,064 E 611 4,043 5,053 6,064 E 551 3,761 4,701 5,641 E 516 3,596 4,495 5,394 E 516 3,596 4,495 5,394 E 479 3,422 4,278 5,133 E 421 3,150 3,937 4,724 E 417 3,131 3,913 4,696 E 373 2,924 3,655 4,386 E 366 2,891 3,614 4,337 E 332 2,731 3,414 4,097 E 318 2,665 3,332 3,998 E 318 2,665 3,332 3,998 E 313 2,642 3,302 3,963 E 311 2,632 3,291 3,949 E 311 2,632 3,291 3,949 E 298 2,571 3,214 3,857 E 298 2,571 3,214 3,857 E 298 2,571 3,214 3,857 E 259 2,388 2,985 3,582 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM SENIOR COURT CLERK DATA ENTRY CLERK POLICE RECORDS MGR ACCOUNTING CLERK PAYROLL CLERK EXECUTIVE SECRETARY PERSONNEL CLERK SR. UTILITY CLERK ADMINISTRATIVE SECRETARY DEPUTY COURT CLERK UTILITY CLERK PERMIT CLERK RECEPTIONIST MAIL/UTILITY CLERK C 55 216 1,852 2,315 2,778 C 54 191 1,709 2,136 2,564 C 54 191 1,709 2,136 2,564 C 54 191 1,709 2,136 2,564 C 54 191 1,709 2,136 2,564 C 54 191 1,709 2,136 2,564 C 53 160 1,532 1,915 2,298 C 53 160 1,532 1,915 2,298 C 53 160 1,532 1,915 2,298 C 52 143 1,435 1,793 2,152 C 52 143 1,435 1,793 2,152 C 52 143 1,435 1,793 2,152 C 51 119 1,298 1,622 1,946 C 51 119 1,298 1,622 1,946 LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUh CITY MARSHAL CONSTRUCTION INSPECTOR UTILITY SUPERVISOR LEAD MECHANIC COMMUNICATIONS TECH/ELECT. ENGINEERING TECH BUILDING INSPECTOR CODE ENFORCEMENT OFFICER TRAFFIC SUPERVISOR TRAFFIC TECHNICIAN II MECHANIC II WELDER GARDENER III HORTICULTURIST IRRIGATION TECHNICIAN PESTICIDE TECHNICIAN SIGN MAKER BUILDING TECHNICIAN DISPATCHER SANITATION CREW LEADER MAINTENANCE TECHNICIAN II METER READER II MECHANIC I ENVIRONMENTAL INSPECTOR DRIVER III TRAFFIC TECHNICIAN I MAINTENANCE ASSISTANT WAREHOUSE ASSISTANT DRIVER II GARDENER II MAINTENANCE TECH I L 58 296 2,496 3,120 3,744 L 58 296 2,496 3,120 3,744 L 57 269 2,332 2,915 3,497 L 57 269 2,332 2,915 3,497 L 56 245 2,186 2,732 3,278 L 56 245 2,186 2,732 3,278 L 56 245 2,186 2,732 3,278 L 56 245 2,186 2,732 3,278 L 56 245 2,186 2,732 3,278 L 56 245 2,186 2,732 3,278 L 55 216 2,009 2,511 3,014 L 55 216 2,009 2,511 3,014 L 55 216 2,009 2,511 3,014 L 55 216 2,009 2,511 3,014 L 55 216 2,009 2,511 3,014 L 55 216 2,009 2,511 3,014 L 54 191 1,857 2,321 2,785 L 54 191 1,857 2,321 2,785 L 54 191 1,857 2,321 2,785 L 54 191 1,857 2,321 2,785 L 54 191 1,857 2,321 2,785 L 54 191 1,857 2,321 2,785 L 53 160 1,668 2,085 2,502 L 53 160 1,668 2,085 2,502 L 53 160 1,668 2,085 2,502 L 53 160 1,668 2,085 2,502 L 53 160 1,668 2,085 2,502 L 52 143 1,565 1,956 2,347 L 52 143 1,565 1,956 2,347 L 52 143 1,565 1,956 2,347 L 52 143 1,565 1,956 2,347 METER READER I L 52 143 1,565 1,956 2,347 SIGN TECHNICIAN L 51 119 1,419 1,773 2,128 DRIVER I L 51 119 1,419 1,773 2,128 GARDENER I L 50 99 1,297 1,621 1,945 CUSTODIAN L 50 99 1,297 1,621 1,945 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT POLICE OFFICER 3,217 3,386 3,564 2,536 2,669 2,809 2,957 3,112 FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN EMS COORDINATOR DRIVER/ENGINEER DRIVER II FIREFIGHTER PARAMEDIC EMT 3,710 3,905 3,303 3,477 3,398 3,153 2,973 2,306 2,427 2,555 2,690 $125.00 per month assignment pay $ 25.00 per month assignment pay 2,832 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 3% 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 reconsideration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Paramedic and EMT positions are not specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic ....................... $125.00 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 $125.00 a month assignment pay. If for some reason, he/she discontinues 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. 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 shall 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 Degree $25.00 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. 8. MASTER POLICE OFFICER. The Master Police Officer designation is hereby established for any Police Officers attaining the qualifications set by the Department. The designation will 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 10. 11. 12. 13. 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. 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 10/1/94. 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 ATTEST: ORDINANCE NO. 94/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 93/26 TO TRANSFER FUNDS FROM THE FISCAL YEAR 1994 GENERAL FUND AND UTILITY FUND INTO THE CAPITAL PROJECTS FUND; REQUIRING THE BUDGETING OF FUNDS IN FISCAL YEAR 1995 FOR THE CAPITAL PROJECTS FUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park has determined that it is in the public interest to add to the Capital Projects Fund to serve as a unified source for funding and monitoring capital projects, especially those projects which require more than one fiscal year to complete; and WHEREAS, to add to the Capital Projects Fund, it is necessary to authorize the transfer of monies and amend the 1993-94 budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Capital Projects Fund serves as a unified source for funding and monitoring capital projects of the City of University Park. It is contemplated that the Capital Projects Fund will primarily be used for those projects which require more than one fiscal year to complete. SECTION 2. That the City Manager is directed to include within the fiscal year 1995 budget a General Fund appropriation in the amount of $1,275,636 and a Utility Fund appropriation in the amount of $1,394,900 to be designated for the Capital Projects Fund. SECTION 3. That the sum of $ 322,109 be transferred from the General Fund unreserved fund balance to the Capital Projects Fund, that the sum of $176,000 be transferred from the Utility Fund unreserved fund balance to the Capital Projects Fund, and that $40,600 be transferred from the Utility Fund operating budget to the Capital Projects Fund. AGG05D62 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 14th day of September, 1994. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-9-94) AGGOSD62 ORDINANCE NO. 94/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING THE 2900 BLOCK OF POTOMAC FOR MOVEMENT OF VEHICULAR TRAFFIC IN AN EASTBOUND ONLY DIRECTION; REQUIRING THE PLACEMENT AND MAINTENANCE OF SIGNS GIVING NOTICE THEREOF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that the public health and safety require that the 2900 Block of Potomac be designated for one-way movement of traffic only in an eastbound direction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the 2900 Block of Potomac be, and it is hereby, designated for movement of vehicular traffic in only one direction, eastbound, from Dublin Street to the southbound Frontage Road of U.S. Highway 75. SECTION 2. That the Director of Public Works shall supervise the placement and maintenance of signs giving notice thereof. SECTION 3. That 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 an amount not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 4. 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, except that the designation of the one-way street set out herein shall not be effective until the signs giving notice thereof are in place. AGGO5E62 DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of October, 1994. APPROVED: A'I-I'EST: i,~PROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 9-28-94) City Secretary AGG05E62 ORDINANCE NO. 94/36 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 79-10, THE CABLE TELEVISION FRANCHISE ORDINANCE, AS HERETOFORE AMENDED, TO FURTHER EXTEND THE EXPIRATION DATE FOR NINETY (90) DAYS FROM OCTOBER 18, 1994; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of University Park currently has a Cable Television Franchise with Sammons Communications, Inc. under Ordinance 79-10, as amended; and WHEREAS, Sammons has applied for renewal of the current Franchise in accordance with the Cable Communications Policy Act of 1984, as amended; and WHEREAS, the City Council has heretofore extended the existing Franchise for a period of ninety (90) days until October 18, 1994; and WHEREAS, the City Council has had insufficient time and data to properly analyze the application for renewal and desires to again temporarily extend the life of the existing Franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the expiration date of the Cable Television Franchise of Sammons Communications, Inc., is extended hereby from October 18, 1994, for a period of ninety (90) days. During this additional extension of the term of the Franchise, the remaining provisions of Ordinance 79-10, as amended and heretofore extended, shall remain in full force and effect, unless the Franchise is sooner renewed by passage of a new Cable Television Franchise Ordinance by the University Park City Council. SECTION 2. This agreement for an additional extension of time should not be construed as a waiver of any rights either party may have pursuant to the Cable Communications Policy Act of 1984, as.amended, or any other statute, rule or regulation. 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 4th day of October, 1994. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO. 94/37 AN ORDINANCE OF THE CiTY OF UNIVERSITY PARK, TEXAS, CONFERRING ON BROWNING-FERRIS, INC., THE FRANCHISE AND RIGHT TO USE THE PUBLIC PROPERTY OF THE CITY FOR THE PURPOSE OF FURNISHING TO THE PUBLIC RECYCLING SERVICES; APPROVING THE FORM OF A CONTRACT BETWEEN THE CITY AND BROWNING-FERRIS, INC.; AUTHORIZING EXECUTION OF THE CONTRACT BY THE MAYOR AND CITY MANAGER; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has the power, subject to the provisions of Chapter 12 of the Home Rule Charter, by ordinance to confer upon any person, firm, corporation, or other legal entity the franchise or right to use the public property of the City for the purpose of furnishing to the public any general public service or benefit for compensation or hire; and WHEREAS, after competitive proposals have been submitted and reviewed, and a public meeting, the City Council has selected Browning-Ferris, Inc., for the purpose of providing recyclables collection within the City; and WHEREAS, the City Council wishes to grant a franchise to Browning-Ferris, Inc., for such purpose, subject to the terms of a written contract with regard thereto; 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 service of the collection of household recyclable materials. SECTION 2. To carry out the franchise herein granted, the Mayor and City Manager are authorized and directed to execute, on behalf of the City of University Park, the Contract between the City of University Park and Browning-Ferris, Inc., a true copy AGG05E65 of which is attached to this ordinance as Exhibit "A" and made par[ hereof for all purposes, the same as if fully copied herein and made part of this franchise. SECTION 3. That the franchisee is bound by all the terms and provisions of the Home Rule City Char[er, 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 transferrable 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 five. (5) years, effective November 1, 1994, provided however, that the franchise will extend for,an additional two (2) year period unless, ninety (90) days prior to completion of the first five (5) year period, either party exercises the option to terminate the Contract, and such extension shall constitute an extension of the franchise granted herein for and during the term of such extension, subject to termination as provided in the Contract. SECTION 6. Franchisee shall not be required to pay the City for the franchise privileges granted herein and by the Contract to be adopted pursuant hereto. SECTION 7. Termination of the 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 Contract, the provisions hereof shall terminate and be null and void and of no further force or effect. AGG05E65 SECTION 8. 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 9. 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 unconstitutional, illegal or invalid. SECTION 10. This ordinance and the 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 4th day of October, 1994. APPROVED: ATTEST: CITY SECRETARY AGG05E65 APPROVED AS,TO FORM: CITY A'I I ORNEY (RLD/ckh 9-28-94) The provisions of this Franchise Ordinance are accepted by Browning-Ferris, Inc., the within named Franchisee, this ~ day of ~,~¢¢~4b~,~. , 1994. BROWNING-FERRIS, INC. By: . A'FI'EST: AGG05E65 CONTRACT THIS CONTRACT, made and entered into this 19thday of October 1994, by and between the City of University Park, Texas a Municipal Corporation of Dallas County, Texas, (hereinafter called the "City") and Browning-Ferris, Inc., (hereinafter called "Contractor"). WITNESSETH: WHEREAS, the parties hereto desire for Contractor to provide Recyclables collection within the City and to perform such work as may be incidental thereto in accordance with the terms of this Contract. NOW, THEREFORE, in consideration of the following mutual agreements and covenants, it is understood and agreed by and between the parties hereto as follows: 1.00 GRANT BFI shall be granted the exclusive right to provide exclusive collection of recyclables within the corporate limits of the City, as specified and described in the Contract. Further, the Contractor is hereby granted a franchise, license and privilege within the territorial jurisdiction of the City and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to provide Recyclables collection and processing services as specified and to perform all of the work called for and described in the Contract. 2.00 DEFINITIONS 2.01 Blue Bags - Translucent blue plastic sacks designed to store recyclables with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 40 lbs. The minimum acceptable size of the blue bags shall be 13 gallons, the maximum size shall be 30 gallons. 2.02 Contractor- Browning-Ferris, Inc. 2.03 Producer - An occupant of a Residential Unit who generates Refuse. 2.04 Recyclable Materials - Recyclable Materials shall mean the following commodities and any other commodity that Contractor and City may mutually agree to recycle during the term of this Agreement: (a) Newsprint - including slick inserts delivered newspaper (b) Magazines (c) Aluminum Food and Beverage Cans (d) Steel or Tin Cans inside the 3.00 2.05 2.06 2.07 (e) (0 (g) (h) Empty Aerosol Cans Glass Bottles - clear, brown and green Plastic Bottles #1 & #2 - PET and HDPE Other materials may be added by mutual consent of the City and Contractor. Should the Contractor determine that materials other than those listed above are in the blue bag, Contractor will tag the blue bag with a notice stating why the blue bag was not collected. The Contractor is responsible for transporting the collected recyclable materials to a processing site and must have established buyers or markets for the recyclables. Contractor is entitled to all proceeds generated from the authorized collection and sale of the Recyclable Materials. Contractor shall furnish to the City annually, a list of buyers of the recyclable materials. Recycling Blue Bag - A plastic blue bag, designed for the purpose of curbside collection of recycling commodities, with minimum capacity of 13 gallons. After initial startup, residents will be required to procure blue bags from local stores. Newsprint and magazines must be kept separate from commingled bottles and cans and may be contained in paper sacks or blue bags. Residential Unit - An occupied dwelling, located within the corporate limits of the City, which receives an individual City utility bill. A Residential Unit shall be deemed occupied when water service is being supplied. City - City of University Park, Texas. SCOPE OF WORK 3.01 The work under this Contract shall consist of commingled recyclables collection from all single-family homes, duplexes, and multi-family homes which receive individual City utility bills. This includes all the supervision, materials, equipment, labor and all other items necessary to complete said work in accordance with the Contract. 3.02 In the event that the market price for any one or all of the Recyclable Materials designated to be collected drops to the point that such materials can no longer be sold or processed, Contractor shall notify City in writing. Representatives of the City and Contractor shall meet to arrive at a mutually agreeable resolution of the problem, and the Contractor shall have thirty (30) days in which 4.00 to remove that item from the list of those items to be recycled and Contractor will notify residents of the same. 3.03 The Contractor shall provide the City with monthly reports within two weeks of the end of the reporting period: (a) (b) (c) (d) (e) (0 Estimated tonnages of all materials received by type of material, based upon "test load" percentages; Averaged percent of total weight collected by material; Average number of set outs per day; Average pounds per set out per month; Average pounds per home per month; Number of households in each service category (i.e. alley, packout, curb) 3.04 If Contractor employees determine that the Recyclable Materials set out by residents are unacceptable due to incorrect preparation or inappropriateness of materials, Contractor will not collect the blue bag and Contractor will leave a sticker, attached to the blue bag, explaining the reason. Contractor will not be required to collect Recyclable Materials mixed with garbage, trash and rubbish normally collected by solid waste collection crews. 3.05 Promotional Services - The Contractor shall be responsible for developing and implementing a marketing plan with proposed timetable outlining efforts to increase resident participation in the recycling program. The program shall include, but not be limited to, the following elements: (a) (b) (c) (d) A kickoff event that generates publicity and promotes a positive attitude toward the recycling program. A telephone hotline number that residents can call for information about the program. Information packets that describe the recyclable materials and their preparation for recycling. Semi-annual mail-out updates to reinforce the message to the residents. COLLECTION OPERATION 4.01 Contractor shall provide alley and curbside collection service for the collection of Residential Recyclables to each Residential Unit one time per week. Blue bags shall be placed at the designated collection point by 7:00 a.m. on the designated collection day. 4.02 Each Blue Bag shall be placed at curbside or alley for collection, wherever the household typically receives garbage collection. 4.03 4.04 4.05 4.06 Curbside refers to that portion of right-of-way adjacent to paved or traveled City Roadways (including alleys). Blue bags shall be placed along City alley/street rights-of-way in a manner complying with the Code of Ordinances. When construction work is being performed in the right-of-way, the Contractor shall be responsible to communicate with the City's Sanitation Superintendent to determine the best and most timely method of collection. Contractor may decline to collect any bag not so placed or any Residential Recyclables not in a Bag. The City reserves the right to determine the location of recycling pickup. Hours of Operation Collection of Residential Recyclables shall not start before 7:00 a.m. or continue after 7:00 p.m. Monday through Friday. Exceptions to collection hours shall be affected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances. Routes of Collection - Residential Unit collection routes shall be established by the Contractor. Contractor shall submit a map designating the Residential Unit collection routes to the City for its approval, which approval shall not be unreasonably withheld. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential Units, which approval shall not be unreasonably withheld. Upon City's approval of the proposed changes, Contractor shall promptly give written or published notice to the affected Residential Units. Holidays - The following shall be holidays for purposes of this Contract: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor shall not be obligated to provide collection on these holidays. Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections, the Contractor shall 4 5.00 6.00 4.07 4.08 4.09 4.10 investigate and, if such allegations are verified, shall arrange for the collection of the Recyclables not collected within 24 hours after the complaint is received. Upon completion of daily route, Contractor will contact the City in person, to determine if any missed pickups have been reported, and Contractor will collect them before leaving the City. At that time, Contractor shall notify the City of addresses where blue bags were left, pursuant to Section 3.04. Collection Equipment - The Contractor shall provide an adequate number of vehicles for regular collection services. All vehicles, Bins and other equipment shall be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall have clearly visible on each side the identity and telephone number of the Contractor. Employees Employees of the Contractor shall wear uniforms identifying them as employees of the Contractor. Hauing -All Recyclables hauled by the Contractor shall be contained, tied or enclosed so that leaking, spilling or blowing are reasonably prevented. Office The Contractor shall maintain an office or such other facilities within close proximity to the City through which it can be contacted. It shall be equipped with sufficient telephones and shall have a responsible person in charge from 8:00 a.m. to 5:00 p.m. Monday through Friday. 4.11 Notification - The Contractor shall notify all Producers at Residential Units about procedures and day(s) for scheduled Recyclables collection. 4.12 Point of Contact - All dealing, contacts, etc., between the Contractor and the City shall be directed by the Contractor to the City Sanitation Superintendent or the Director of Public Works, and by the City to Contractor's Facility Manager or his/her designated representative. COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws. EFFECTIVE DATE This Contract shall become effective upon the execution hereof by all parties and upon such execution shall be implemented on November 1, 1994. 7.00 8.00 9.00 10.00 11.00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, or national origin. INDEMNITY The Contractor will indemnify and save harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees arising out of a willful or negligent act or omission of the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorneys' fees arising out of a willful or negligent act or omission of the City, its officers, agents, servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City. LICENSES AND TAXES The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract) and promptly pay all taxes required by the City and by the State. TERM The contract shall be for a five (5) year period beginning November 1, 1994 and ending five (5) years thereafter on October 31, 1999. Ninety (90) days prior to completion of the first five (5) year period, either party can exercise the option for terminating the contract and recycling services on October 31, 1999. If this option is not exercised by either party, the contract will extend for an additional two (2) year period. INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation, General Liability, Automobile Liability, Environmental Impairment Liability, and Excess Umbrella Liability, including contractual liability coverage for the provisions of Section 8.00. All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. For the purpose of the Contract, the Contractor shall carry the following types of insurance in at least the limits specified below: 6 Worker's Compensation Employers Employer's Liability General Liability Including Bodily Injury and Property Damage Except Automobile Automobile Bodily Injury Liability Automobile Property Damage Liability Environmental Impairment Liability (ELL) (both sudden and non-sudden) Excess Umbrella Liability Statutory $5,000,000 $5,000,000 each occurrence $5,000,000 each person $5,000,000 each occurrence $5,000,000 each occurrence $3,000,000 each occurrence $6,000,000 aggregate * Excess liability may be used in combination with primary limits to meet the requirement of $5,000,000 each occurrence. As an alternative to the above, contractor may self insure the above coverage under a plan of self insurance to the extent permitted by law. The Contractor agrees to furnish the City with certificates satisfactory to the City evidencing such plan of self insurance. Any such self insurance plan will be subject to the approval of the City, and such approval shall not be unreasonably withheld. 11.01 Performance Bond - The Contractor will be required to furnish a corporate surety bond as security for the performance of this Agreement. Said surety bond shall be in the amount of $160,000.00 for the term of the Agreement, and shall be in a form approved by the City Attorney. 11.02 Power of Attorney - Attorneys-in-fact who sign performance bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney. 7 12.00 BASIS AND METHOD OF PAYMENT 12.01 Collection and Disposal Rates - The rate for collection services required to be performed pursuant to Section 4.01 shall be the rates set forth in Exhibit "A", attached hereto and made a part hereof, subject to adjustment in accordance with Section 12.02. 12.02 Modification to Rates (a) The Contractor may adjust the rates contained herein during the term of this Agreement to fully cover increases in costs resulting from (i) changes in any laws, ordinances, State and Federal regulatory requirements or guidelines (including changes in construction or interpretation thereof or change in the manner or method of enforcement thereof), or (ii) orders, judgments or directives of any court or governmental body of instrumentality thereof. (b) Contractor may not increase its rate more than once every 12 months during the term of this contract, except as outlined in 12.02(a). Rate adjustments shall be submitted to City as soon as practicable and be accompanied by adequate documentation to allow for proper review by the City. In the event any future federal, state and local law reduces the amount of recyclable material provided pursuant to this Contract for collection and disposal, then Contractor and the City shall mutually agree to modify the rates accordingly. (c) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Consumers (CPI-U All Items) for the Dallas-Fort Worth area, published by the U.S. Department of Labor, Bureau of Labor Statistics. Effective November 1, 1995 and every twelve months thereafter (the "Rate Modifi- cation Date"), the fees shall be increased or decreased for the ensuing twelve-month period in a percentage amount equal to 100 percent of the net percentage change of the All Items Index. All percentage changes are to be computed as the difference between the CPI index value for August of the prior year and the CPI index value for August of the current year divided by the CPI index value for August of the prior year of the Contract. (d) Contractor shall send to City a comparative statement setting out the All Items Index, the net percentage change, and the 13.00 14.00 increase or decrease in the fees which may be charged by the Contractor. The City shall notify residents of an upcoming rate modification. As of the Rate Modification Date, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City. 12.03 City to Act as Collector - The City shall submit statements to and collect from all Residential Units for services provided pursuant to Section 4.01. 12.04 Delinquent and Closed Accounts - The Contractor shall discontinue Recyclables collection service at any Residential Unit as set forth in a written notice sent to it by the City. Upon further notification by the City, the Contractor shall resume collection on the next regularly scheduled collection day. The City shall indemnify and hold the Contractor harmless from any claims, suits, damages, liabilities or expenses (including but not limited to expenses of investigation and attorney's fees) resulting from the Contractor's discontinuing service at any location at the direction of the City. 12.05 Contractor Billings to City - The Contractor shall bill the City for service rendered to Residential Units within twenty (20) days following the end of the month and the City shall pay the Contractor on or before the 20th day following the receipt of the invoice. Such billing and payment shall be based on the price rates and schedules set forth in the Contract Documents. The Contractor shall be entitled to payment for services rendered to Residential Units irrespective of whether or not the City collects from the customer for such service. TRANSFERABILITY OF CONTRACT Other than by operation of law, no assignment of the Contract or any right accruing under this Contract shall be made in whole or in part by the Contractor without the express written consent of the City, which consent shall not be unreasonably withheld; in the event of any assignment, the assignee shall assume the liability of the Contractor as though it was the original Contracting Party. EXCLUSIVE CONTRACT The Contractor shall have a franchise, license and privilege to provide Recyclables collection and removal within the corporate limits of the City. Further BFI shall be granted the exclusive right to provide the collection of recyclables for within the corporate limits of the City, as specified and described in the Contract. 9 15.00 OWNERSHIP 16.00 17.00 Title to Recyclable Materials shall pass to the Contractor when placed in Contractor's collection vehicle removed by Contractor from the customer's premises. BOOKS AND RECORDS The City and Contractor agree to maintain at their respective places of business adequate books and records relating to the performance of their respective duties under the provisions of this Contract and such books and records shall be made available at any time during business hours for inspection by the other party, at the inspecting party's expense, upon reasonable advance notice; provided, however, the City may not inspect or audit any books and records pertaining to the cost of Contractor's operations, except to the extent pertaining to increases in the fees which may be charged by Contractor under Section 12.02. DEFAULT; CURE PERIOD; TERMINATION FOR CAUSE If at any time the Contractor shall fail to substantially perform terms, covenants or conditions herein set forth, the City shall notify Contractor by registered or certified mail, addressed to the Contractor at the address set forth herein, of specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Contractor shall be allowed a thirty (30) day period from the date of receipt of said notice from City to remedy any failure to perform. Should the City deem the failure to perform remedied, no hearing shall be held. Should Contractor fail to remedy its performance, the City, after a hearing described herein, may terminate this Contract and the rights and privileges granted to Contractor herein. A notice shall be sent to Contractor no later than 10 days before a hearing is scheduled. The notice shall specify the time and place of the hearing and shall include the specific reasons in support of the City's claim that the Contractor has substantially breached the terms and provisions of this Contract. Said hearing shall be conducted in public by the City Council of the City and the Contractor shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in the aforesaid notice. If, after said public hearing, the City Council makes a finding that Contractor has failed to provide adequate collection service for the City, or has otherwise substantially failed to perform its duties hereunder, the City Council 10 18.00 19.00 20.00 21.00 may, by three-fourths vote, terminate this Contract. The determination by the City Council shall be final. NOTICES Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party of the address set forth below: if to the City, at: City of University Park 3800 University Boulevard, City Hall University Park, Texas 75205 Attn: City Manager if to the Contractor, at: Browning-Ferris Industries 4200 E. 14th St. Piano, Texas 75074 Attn: Facility Manager or such other addresses as the parties may hereafter specify by written notice delivered in accordance herewith. APPROVAL This Contract shall not be considered fully executed nor binding on the City or the Contractor until the same shall have been executed by the duly authorized representative of the Contractor, the Mayor and the City Secretary of the City. AMENDMENT All provisions of this Contract shall be strictly complied with and conformed to by the Contractor and the City, and no amendment to this Contract shall be made except upon the mutual consent of all parties. No amendment shall be construed to release either party from any obligation under this Contract except as specifically provided for in such amendment. FORCE MAJEURE Notwithstanding anything herein to the contrary, the Contractor shall not be liable for the failure to perform its duties if such failure is caused by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, Act of God or other similar or different contingency beyond the reasonable control of the Contractor. 11 22.00 SEVERABILITY In the event that any provision or portion thereof of any Contract Document shall be found to be invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with the applicable laws. The invalidity or unenforceability of any provision or portion of this Contract shall not affect the validity or enforceability of any other provision or portion of this Contract. 23.00 GOVERNING LAW This Contract shall be governed by and interpreted in accordance with the laws of the State of Texas and the parties hereto shall submit to the jurisdiction of the courts located in Dallas County, Texas, for the resolution of any dispute arising hereunder. 24.00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations, representations, understandings and agreements, either written or oral, with respect to the subject matter hereof. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals at University Park, Texas, as of this ].9th_ day of October, 1994. CITY OF UNIVERSITY PARK, TEXAS A Municipal Corporation of Dallas County University Park, Texas ~Mayor t~,~ Manager Lee Solheid Divisional Vice President 12 ATTACHMENT A CITY OF UNIVERSITY PARK, TEXAS RESIDENTIAL RECYCLING SERVICE Residential - Alley Residential- Packout NOVEMBER 1994 RATE $1.88 $3.10 13 GUARANTY Browning-Ferris Industries, Inc., a Delaware corporation CBFI"), which directly owns ail of the issued and outstanding capital stock of Browning-Ferris, Inc., a Delaware corporation CBFI" hereinafter referred to as "Subsidiary"), does hereby guarantee the full and faithful performance and observance by Subsidiary of ail of its indemnity obligations under that certain Agreement dated as of /4//o//£,~z5 ~tC ! ,1994 between Subsidiary and the City of University Park, Texas. EXECUTED this/~?~ day of d~~/~, ' , 1994. BROWNING-FERRIS INDUSTRIES, INC. /Ch;eft KAR/UnivPark/dgp ORDINANCE NO. 94/38 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 94/10, THE SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY; REGULATING THE SCOREBOARD SIGNS AT OWNBY STADIUM; 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. WHEREAS, the Urban Design and Development Advisory COmmittee of the City has considered a request for amendment of the Special Sign District for Southern Methodist University as granted by Ordinance No. 94/10 and has recommended to the City Council the adoption of such amendment; 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 amendment 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 known as the Environmental Standards Committee, has considered an amendment to the Special Sign District for Southern Methodist University as created by Ordinance No. 94/10 and in the opinion of the Committee such amendment 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, and that Section 3E1 be, and the same is hereby, amended to read as follows: "E. Scoreboard Signs at Ownby Stadium Two scoreboard signs shall be permitted in this Special Sign District in connection with the use of Ownby Stadium, to-wit: The south scoreboard shall be lighted on the side facing the spectators (the interior of the Stadium) only. No AGGO60BF advertisement will be placed on the portion of the scoreboard facing outside the seating area of the Stadium. The reverse (outside) of the scoreboard placed in the south end zone shall bear the name of the University activities only, but shall contain no advertising or Iogos for any commercial enterprise. The scoreboard in the north end of the stadium may be lighted on both sides and configured as shown in Exhibit "C2" attached hereto and made a part hereof for all purposes. Advertisement may be placed on the scoreboard in the north end zone, on both sides, by use of graphics and lighting in the configuration shown in Exhibit "C3" attached hereto and made part hereof for all purposes. Lighting for both scoreboards will be provided by a series of small colored and white lights which will be turned off and on so that the lights will be arranged in patterns to provide spectators with information concerning events occurring in the Stadium and at Westcott Field adjacent to the Stadium on the north side. The end panels of the scoreboards will be lighted internally. The scoreboards will be illuminated only during events taking place in the Stadium or at Westcott Field as the case may be. Space will be provided at the ends of the scoreboards for advertising of sponsors' products as permitted hereby." SECTION 2. 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 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 thereof decided to be unconstitutional, illegal or invalid. AGG060BF advertisement will be placed on the portion of the scoreboard facing outside the seating area of the Stadium. The reverse (outside) of the scoreboard placed in the south end zone shall bear the name of the University activities only, but shall contain no advertising or Iogos for any commercial enterprise. The scoreboard in the north end of the stadium may be lighted on both sides and configured as shown in Exhibit "C2" attached hereto and made a part hereof for all purposes. Advertisement may be placed on the scoreboard in the north end zone, on both sides, by use of graphics and lighting in the configuration shown in Exhibit "C3" attached hereto and made part hereof for all purposes. Lighting for both scoreboards will be provided by a series of small colored and white lights which will be turned off and on so that the lights will be arranged in patterns to provide spectators with information concerning events occurring in the Stadium and at Westcott Field adjacent to the Stadium on the north side. The end panels of the scoreboards will be lighted internally. The scoreboards will be illuminated only during events taking place in the Stadium or at Westcott Field as the case may be. Space will be provided at the ends of the scoreboards for advertising of sponsors' 'products as permitted hereby." SECTION 2. 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 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 thereof decided to be unconstitutional, illegal or invalid. AGGO60BF SECTION 4. 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 subject to a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense, and each and every day such offense 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 lstday of November , 1994. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/ckh 10-31-94) CITY SECRETARY AGGO6OBF 0 ¢) I I EXHIBIT "C2" EXHIBIT "C3" ORDINANCE NO. 94/39 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE 94-31 TO CARRY FORWARD GENERAL FUND ENCUMBRANCE BALANCES TOTALING $317,063.58 AND UTILITY FUND ENCUMBRANCE BALANCES TOTALING $28,243.23; 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 1993-94 budget of the City; and WHEREAS, such funds were encumbered by appropriate action authorizing contractual obligations which were not completed or paid during the 1993-94 fiscal year; and WHEREAS, it is necessary to carry forward such encumbrances to the 1994-95 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. 94-31, the 1994-95 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended by carrying forward, from the 1993-94 budget, encumbrances in the General Fund totaling $317,063.58 and in the Utility Fund totaling $28,243.23. Such encumbrances are for those projects for which funds were appropriated in the 1993-94 budget, but which were not completed during the fiscal year 1993-94, and for which such funds should be carried forward to the 1994-95 budget year. A list of such encumbrances is attached hereto as Exhibit "A" and made a part hereof for all purposes, and the encumbrances listed therein are approved hereby for carrying forward to the current fiscal year budget. 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. AGG06050 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 1st day of November, 1994. APPROVED: ATTEST: APPROVED AS TO FORM: CITY A I I ORNEY (RLD/ckh 10-24-94) CITY SECRETARY AGGO6O5O ACCOUNT NUMBER ENCUMBRANCE LISTING G/L ACCOUNT DESCRIPTION 1993-94 ENCUMBRANCE 01 - 02- 00- 2100 01- 02- 00- 7151 01- 02- 00- 7221 01- 02- 00- 9100 01- 02- 00- 9910 OFFICE SUPPUES CONTINGENCY FUND OTHER EXPENSE OFFICE EQUIPMENT OFFICE FURNITURE 96.00 2,895.00 ' 575.75 1,619.56 2,249.56 TOTAL EXECUTIVE DEPARTMENT 7,435.87 01 - 03- 00- 2029 01- 03- 00- 2100 01 - 03- 00- 3060 01- 03- 00- 7150 01 - 03- 00- 7170 01 - 03- 00- 7202 01- 03- 00- 7221 01 - 03- 00- 9100 01 - 03- 00- 9202 CLOTHING ALLOWANCE OFFICE SUPPLIES PROFESSIONAL SERVICES DUES & SUBSCRIPTIONS TRAVEL EXPENSE MICRO COMPUTER SOFTWARE OTHER EXPENSE OFFICE EQUIPMENT MID RANGE COMPUTER PROGRAMMIN~ 243.62 625.02 1,000.00 645.00 400.00 169.44 30.60 4,000.00 15,400.00 TOTAL FINANCE DEPARTMENT 22,513.68 01- 05- 00- 2318 01 - 05- 00- 3063 01 - 05: 00- 7202 01- 05- 00- 7240 01- 05- 00- 9200 01 - 05- 00- 9201 01- 05- 00- 9202 COMPUTER SUPPLIES PROGRAMMING MAINTENANCE MICRO COMPUTER SOFTWARE TUITION & TRAINING MID RANGE COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT MID RANGE COMPUTER PROGRAMS 472.20 7,600.00 2,488.00 6,180.00 3,528.00 4,868.00 23,573.0O TOTAL INFORMATION SERVICES 48,709.20 01-10-00 3063 01- 10- 00- 7240 01- 10- 00- 9200 PROGRAMMI NG/MAINTENANCE TUITION & TRAINING MINI COMPUTER EQUIPMENT 3,320.00 115.00 2,800.00 TOTAL LEGAL DEPARTMENT 6,235.00 01- 20- 00- 3003 01 - 20- 00- 3060 BOARD MEETINGS PROFESSIONAL SERVICES 340.00 162.00 TOTAL ENGINEERING DEPARTMENT 502.00 01-25-00- 2029 01-25-00- 2350 01-25-00- 2352 CLOTHING ALLOWANCE TRAFFIC SUPPLIES & MATERIALS TRAFFIC MATERIALS 135.07 6,632.47 3,643.41 TOTAL TRAFFIC DEPARTMENT 10,410.95 ACCOUNT NUMBER ENCUMBRANCE LISTING GJL ACCOUNT DESCRIPTION 1993-94 ENCUMBRANCE 01- 80- 00- 2350 01 - 80- 00- 6370 SUPPLIES STREET REPAIR MATERIAL TOTAL STREET DEPARTMENT TOTAL GENERAL FUND 1,126.02 .3,039.11 4,165.13 317,063.58 02-21-00- 9200 02-22-00- 2029 02-22-00- 2370 02-22-00- 3060 02-22-00- 3063 02-22-00- 6350 02-23-00- 2350 02-23-00- 6355 MID RANGE COMPUTER EQUIPMENT TOTAL UTILITY OFFICE CLOTHING ALLOWANCE BACKFILL MATERIALS PROFESSIONAL SERVICES PROGRAMMING MAINTENANCE WATER MAIN MAINTENANCE TOTAL WATER DEPARTMENT SUPPLIES SEWER MAIN MAINTENANCE TOTAL WASTEWATER DEPARTMENT TOTAL UTILITY FUND 5,000.00 5,000.00 400.43 312.16 9,143.11 0.00 11,178.86 21,034.56 1,184.00 1,024.67 2,208.67 28,243.23 ACCOUNT NUMBER 01 - 35- 00- 2029 01-35-00- 3115 01- 35- 00- 6184 01 - 35- 00- 6250 01- 35- 00- 6330 01- 35- 00- 9950 01-40-00- 2350 01-40-00- 6190 01-40-00- 7725 01-40-00- 9355 01-40-00- 9360 01-50-00- 2350 01-50-00- 3291 01-50-00- 9202 01-60-00- 2029 01-60-00- 4390 01-60-00- 6190 01-60-00- 6318 01-60-00- 7350 01-60-00- 7601 01-70-00- 2029 01-70-00- 2381 01-70-00- 6205 01-70-00- 6380 01-70-0o- 7260 01-70-00- 9560 01-70-00- 9900 01-70-00- 9905 01-75-00- 6189 01-75-00- 7390 ENCUMBRANCE MSTING G/L ACCOUNT DESCRIPTION CLOTHING ALLOWANCE CONTRACT MAINTENANCE SECURITY EXPENSE FACILITY MAINTENANCE & REPAIR RADIO SERVICE REMODELING PROJECTS TOTAL FACILITY MAINTENANCE SUPPLIES AUTO REPAIRS FIRE PREVENTION FIRE FIGHTING EQUIPMENT-LIGHT MICU EQUIPMENT TOTAL FIRE DEPARTMENT SUPPLIES GUNS/EQUIPMENT MID RANGE COMPUTER PROGRAMS TOTAL POLICE DEPARTMENT CLOTHING ALLOWANCE LAND FILL AUTO REPAIRS CONTAINER MAINTENANCE YARD WASTE PROGRAM HAZARDOUS WASTE SERV. TOTAL SANITATION CLOTHING ALLOWANCE FERTILIZER, CHEMICALS & SUPP PARK FACILITY REPAIR FLOWERS TREES & SHRUBS EQUIPMENT RENTAL LANDSCAPE EQUIPMENT PARK IMPROVEMENTS POND DREDGING TOTAL PARK DEPARTMENT SWIMMING POOL REPAIRS SWIMMING POOL EXPENSE 1993-94 ENCUMBRANCE 257.17 1,254.01 136.05 1,971.01 3,980.50 995.00 8,593.74 88.95 665.90 944.40 12,829.58 990.00 15,518.83 376.51 822.25 4,400.00 5,598.76 364.85 119,000.00 90O 3,058.00 27,245.00 207.53 150,775.38 78.47 2,702.70 5,516.00 18,339.14 340.00 4,441.00 1,221.35 2,195.00 34,833.66 528.38 1,243.00 TOTAL SWIMMING POOL 1,771_38 ORDINANCE NO. 94/40 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF THE 3400 BLOCK OF GRANADA FROM THE POINT OF ITS INTERSECTION WITH HILLCREST AVENUE TO THE POINT OF ITS INTERSECTION WITH THE ALLEY IMMEDIATELY WEST OF HILLCREST AVENUE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that it is in the best interest of the citizens of the City of University Park that all parking on the north side of the 3400 block of Granada, from Hillcrest to the alley west of Hillcrest, should be prohibited; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY UNIVERSITY PARK, TEXAS: SECTION 1. That it shall be unlawful for any person to leave, stand or park any motor vehicle at any time on the north side of the 3400 block of Granada, from the point of its intersection with Hillcrest Avenue to the points of its intersection with the alley immediately west of Hillcrest Avenue. SECTION 2. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 3. 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. The parking prohibition set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as required by the Code of Ordinances. AGGO620B DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of December, 1994. APPROVED: A'I-rEST: APPROVED AS TO FORM: CITY A i i ORNEY (RLD/ckh 11-22-94) CiTY SECRETARY AGG0620B