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Book 15 06/12/98 - 07/19/00
ORDINANCES BOOK 15 January 17, 2000 -A- AD VALOREM TAXES, LEVYING FOR FY 1998-99 ALARM SYSTEMS, DIRECT ALARM MONITORING ALLEY, ABANDON PORTION BETWEEN GLENWICK/DRUID, HPIST AMHERST, 3505, UP ELEMENTARY SCHOOL, PD-15, PORTABLE AIRLINE, EAST SIDE, PARKING PROHIBITED AIRLINE, PARKING PROHIBITED, EAST SIDE, 6600 BLOCK, INTERSECTION WITH ALLEY 98/27 9/1/98 98/33 11/3/98 99/46 12/15/99 99/18 8/3/99 oo/o8 3/7/oo 00/19 7/3/00 B BASEMENTS, CONTROL RUNOFF WATER, REGULATE DRAINAGE 99/10 BUDGET, FY 1998-99, ADOPT 98/26 BUDGET, FY 1999-2000, ADOPT 99/28 BUDGET, AMND FY98-99, CARRY FRWD ENCUMBRANCES 98/34 BUDGET, AMND 1998-99 BUDGET, TRNSFR FROM GEN/UTILITY FUNDS TO CAPITAL PROJECTS FUND BUDGET, AMND 1998-99, CARRY FWD ENCUMBRANCES BUDGET, TRANSFER FUNDS, FROM 1999 BUILDING HEIGHT (MAXIMUM), AMEND ZONING ORD BUILDING DEPARTMENT, CERTIFICATE OF OCCUPANCY BUILDING PERMIT (EXPIRATION DATE/FEE) BUILDING CODE ADOPTED, AMEND 1997 CODE BLEACHER SEATING, NEW, HPHS, PD-17 BRICK WALL, HPHS, PD-17 BASEBALL STADIUM, HPHS, PD-17 BANNERS & BRACKETS, SMU, FOOTBALL SEASON, SPECIAL EVENT SIGNAGE 99/5 99/42 99/33 98/17 98/32 98/22 99/23 oo/o6 00/06 00/06 00/20 3/17/99 9/1/98 9/7/99 11/3/98 2/2/99 11/2/99 9/7/99 6/2/98 1~/3/98 7/7/98 8/18/99 3/7/00 3/7/00 3/7/00 7/19/00 -C- CAMPUS, UNIVERSITY CAMPUS-3, UC-E & UC-4, SMU CARUTH, 4024, UNIVERSITY PARK UNITED METHODIST CHURCH CENTENARY (4032), FROM D-2 DUPLEX TO SF-A SINGLE FAM CERTIFICATE OF OCCUPANCY, BUILDING DEPARTMENT CONSTRUCTION (RES) COMPLET 18 MNTHS AFTR PERMIT ISSUANCE CONSTRUCTION, TRAFFIC CONTROL DEVICES, PUBLIC WKS DIR COURT (MUNICIPAL), TECHNOLOGY FUND, CONVICTED PAY FEE CSDI, FIBER-OPTIC TELECOMMUNICATION CABLE CANCELLATION OF MAY 6, 2000 ELECTION CODE OF ORDINANCES, CHAPTER 12, SIGN DISTRICT, PARK CITIES BAPTIST CHURCH CODE OF ORDINANCES AMENDMENT TO DELETE IMPROPER REFERENCE TO NONEXISTENT CODE PROVISIONS 99/27 99/14 98/38 98/32 98/22 99/39 99/34 98/25 00/12 oo/16 oo/17 9/7/99 6/1/99 12/8/98 11/3/98 7/7/98 11/17/99 9/7/99 8/4/98 4/4/OO 6/6/00 6/6/00 -D- DANIEL, 6601-A, 15-MINUTE PARKING DEMOLITION, DUST CONTROL DIRECT ALARM MONITORING, ALARM SYSTEMS DRAINAGE, REGULATE/CONTROL RUNOFF WATER DRUID LANE (HUNTERS GLEN/GLENWICK) NO PARKING DUST CONTROL DURING DEMOLITION DUBLIN, PROHIBIT PARKING, East Side DRUID LANE, 4300 BLOCK, NO PARKING NORTH SIDE 98/30 99/7 98/33 99/lO 98/2o 99/7 oo/o7 0o/o9 10/21/98 2/17/99 11/3/98 3/17/99 6/2/98 2/17/99 3/7/00 3/7/00 E ELECTRIC, TEXAS UTILITIES, RATE SCHEDULE ENCRUMBRANCES, CARRY FORWARD FRM 1998-99 YR EMERSON, 4220, PD-17, HPHS ELECTION, MAY 6, 2000, CANCELLED 99/6 99/42 00/06 oo/12 2/17/99 11/2/99 3/7/00 4/4/00 -F- FEE, SEWER RECALCULATION 98/23 FENCE, 3421-23 LOVERS LN, EXTEND 16' BEYOND FRONT LINE 99/17 FENCING AND WALL REQUIREMENTS FENCING AND WALL REQUIREMENTS, FRONT YARD FIBER-OPTIC TELECOMMUNICATION, CSDI, CABLE FIBER-OPTIC TELECOMMUNICATION CABLE, TIME WARNER FIBER-OPTIC TELECOMMUNICATION CABLE, LEVEL 3 99 FIBER-OPTIC TELECOMMUNICATION, INTEGRAL NETWORKS 99 FIFTEEN-MINUTE PARKING, 6601-A DANIEL, J.D.'S CHIPPERY 98 FIRE CODE, UNIFORM AMENDED FIRE CHIEF, ADD OFFICE ON PAY PLAN FIRST UNITARIAN CHURCH, CHURCH PARSONAGE USE FORD, GERALD J., STADIUM, SMU FROZEN DAIRY FOOD PRODUCTS, AMEND CODE OF ORDINANCES FOOTBALL SEASON, SMU, SPECIAL EVENT SIGNAGE AGREEMENT 99 99 99 O0 O0 O0 99/12 99/32 98/25 99/21 /22 /38 /3O /24 /43 /15 /13 /17 /20 7/7/98 8/3/99 6/1/99 9/7/99 8/4/98 8/3/99 8/3/99 10/5/99 10/21/98 8/18/99 11/2/99 7/6/99 4/19/00 6/6/00 7/19/00 -G- GLENWICK, ABANDON PORTION R-O-W, HPISD GORDO'S REST, AMD SITE PLAN PD 2-R, 4301 LOVERS LANE GAS RATE INCREASE, TXU GAS DISTRIBUTION GRASSMERE, 4300 BLOCK, NORTH SIDE, PARKING PROHIBITED 99/47 99/40 OO/lO oo/15 12/15/99 11/2/99 3/23/00 5/2/oo -H- HAYNIE/HILLCREST, NO PARKING HEIGHT, BUILDING, MAXIMUM, AMND ZONING ORD HUNTERS GLEN/TRIANGULAR ISLAND, NO PARKING HILLCREST, 5900, (W SIDE) NO PARKING HILLCREST, 5900 (W SIDE) SHENANDOAH TO NORMANDY HILLCREST (6600 BLK)/DANIEL TO ROSEDALE (15 MIN PARK) HIGH SCHOOL, 7015 WESTCHESTER, PORTABLE BLDG HIGH SCHOOL, 4220 EMERSON, MAINTENANCE BLDG, PD-17 HIGH SCHOOL, PD-17, INTERIM PARKING PLAN HPISD, PD-25, PKNG GARAGE, YMCA, SCREENING WALL HPISD, ABANDON PORTION ALLEY BETWEEN GLENWICK/DRUID HYER SCHOOL, 3920 CARUTH, PORTABLES, QUEUING LANE HIGHLAND PARK METHODIST CHURCH, PD-8 HIGHLAND PARK PRESBYTERIAN CHURCH, SPECIAL SIGN DIST HIGHLAND PARK HIGH SCHOOL, PD-17 HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT, PD-25 98/20 98/17 98/20 98/21 98/29 98/35 99/19 99/25 99/44 99/45 99/46 99/26 O0 /04 00/05 oo/o6 oo/11 6/2/98 6/2/98 6/2/98 7/7/98 9/23/98 11/18/98 8/3/99 9/7/99 12/15/99 12/15/99 12/15/99 9/7/99 2/16/00 2/16/00 3/7/00 4/4/00 -I- INSET OR PARKWAYS PARKING , PROHIBIT INTEGRAL TELECOMMUNICATION NETWORKS, FIBER OPTIC INTERNET, WIRELESS DATA SERVICE, METRICOM, 99/4 99/38 98/24 2/2/99 10/5/99 8/4/98 -K- KEY STREET, NO PARK, SCHOOL DAYS, 8:00 AM-5:00 PM 5/4/99 -L- LEGACY BANK, 7031 SNIDER PLAZA, ORD 99/13 LEVEL 3, FIBER-OPTIC TELECOMMUNICATION CABLES LICENSE AGRMT, WIRELESS DATA SERVICES, METRICOM, INTERNET LICENSE AGRMT, CSDI, COMMUNICATIONS SYSTEMS, FIBER-OPTIC LOMO ALTO, 7100 BLK, 2 HRS, SIX SPACES LOVERS LNE, 3421-23, FENCE EXTEND 16' BEYOND FRONT LOVERS LNE, 4301, AMD SITE PLAN PF 2-R, GORDO'S REST LLOYD, PAUL B., JR., ALL-SPORTS CENTER, SMU LICENSE AGREEMENT, SMU, SPECIAL EVENT SIGNAGE 99/13 99/22 98/24 98/25 99/9 99/17 99/40 oo/13 00/20 6/1/99 8/3/99 8/4/98 8/4/98 3/2/98 8/3/99 11/2/99 4/19/oo 7/19/oo -M- McFARLIN, 3400 BLK, 2 SPACES 15 MIN PARKING METRICOM, WIRELESS DATA SERVICES, INTERNET MIDDLE SCHOOL, HP, PD-19, PORTABLES MUNICIPAL COURT TECHNOLOGY FUND, CONVICTED PAY FEE 98/39 98/24 99/20 99/34 12/8/98 8/4/98 8/3/99 9/7/99 -N- NEXTLINK, WIRELESS TELECOMMUNICATION NO PARKING, HUNTERS GLEN, TRIANGULAR ISLAND, HAYNIE/HILLCREST, UNIV BLVD/HILLCREST, REPEAL NO PKNG DRUID (HUNTERS GLEN-GLEN-WICK NO PARKING, 5900 BLK HILLCREST (W SIDE) 98/36 98/2o 98/21 NO PARKING, 5900 BLK HILLCREST (SHENANDOAH TO NORMANDY) 98/29 NO PARKING, WEST SIDE HILLCREST (DANIEL-ROSEDALE) 98/35 NO PARK, 3500 BLK AMHERST, UP ELEMENTARY 99/1 NO PARK, 4100 BLK SAN CARLOS,245'N SIDE/310' S SIDE WEST FROM PRESTON 99/8 NO PARK, 3400 BLK NORMANDY, SCHOOL DAYS 8-5 99/11 NO PARK, 4000 BLK WENTWOOD, PRESTON-PRESTON CENTR PLZA 99/35 NO PARK, WESTCHESTER (COLGATE N TO ALLEY) SCHOOL DAYS NORMANDY, 3400 BLK, NO PARKING SCHOOL DAYS 8-5 NO PARKING-FIRE LANE, EAST SIDE DUBLIN NO PARKING 4300 BLOCK DRUID LANE, NORTH SIDE NATURAL GAS RATE INCREASE, TXU GAS DISTRIBUTION 99/37 99/11 00/07 OO/O9 00/10 11/18/98 6/2/98 7/7/98 9/23/98 11/18/98 1/20/99 3/2/99 5/4/99 9/7/99 10/5/99 5/4/99 3/7/00 3/7/00 3/23/00 -p- PARK CITIES PLAZA, SPECIAL SIGN DIST, AMND ORD 90/28 PARK CITIES PLAZA, SPECIAL SIGN DIST, AMND ORD 98/18 PARK CITIES PLAZA, SPECIAL SIGN DIST, AMD ORD 90/28 PARKING, 15-MINUTE, 6601-A DANIEL, J.D.'S CHIPPERY PARKING, 15-MINUTE, HILLCREST (DANIEL-ROSEDALE) PARKING, 15-MINUTE, 3400 BLK McFARLIN (2 SPACES) PARKING, NO, 3500 BLK AMHERST, UP ELEMENTARY PARKING, NO INSET OR PARKWAY PARKING, NO, WESTCHESTER (COLGATE N TO ALLEY) PARKING, 7100 BLK LOMO ALTO, SIX SPACES, 2 HRS. PARKING GARAGE, SMU, DANIEL/HILLCREST PARKING, INTERIM, PD-17 (HIGH SCHOOL) PAY PLAN, FY 1998-99 PAY PLAN, FY 1999-00 98/18 98/31 99/3 98/30 98/35 98/39 99/1 99/4 99/37 99/9 99/16 99/44 98/28 99/30 PAY PLAN, FY 1999-00 (AMEND ORD 99/30) ASST FIRE CHIEF 99/43 PD-24, FIRST UNITARIAN CHURCH, 4015 NORMANDY 99/15 PD-17, HP HIGH SCHOOL, 7015 WESTCHESTER, PORTABLE RM 99/19 PD-17, HP HIGH, INTERIM PARKING PLAN 99/44 PD-15, UP ELEMENTARY SCHOOL PORTABLE 99/18 PD-19, HP MIDDLE SCHOOL, PORTABLE BLDG 99/20 PD-23, SMU, LOTS O & E 99/41 PD-25, HPISD, PKNG GARAGE, YMCA, SCREENING WALL 99/45 PRESTON CNTR PLAZA, SPECIAL SIGN DISTRICT, BACHENDORF'S 11/18/98 PUBLIC WKS DIR, CONSTRUCTION TRAFFIC CONTROL DEVICES PARKING PROHIBITED, 3100 BLOCK ROSEDALE PLANNED DEVELOPMENT DISTRICT NO. 8 PLANNED DEVELOPMENT DISTRICT NO. 17 PARKING PROHIBITED, DUBLIN, East Side PARKING PROHIBITED, EAST SIDE AIRLINE PARKING PROHIBITED, NORTH SIDE 4300 BLOCK DRUID LANE PLANNED DEVELOPMENT DISTRICT NO. 25, HPISD PARKING PROHIBITED, NORTH SIDE, 4300 BLOCK GRASSMERE, MON-FRI, SCHOOL DAYS, 8:00AM-4:00PM PARK CITIES BAPTIST CHURCH SIGN DISTRICT PLANNED DEVELOPMENT NO. 27, ST CHRISTOPHER'S EPISCOPAL CHURCH PLAYGROUND PARKING PROHIBITED, EAST SIDE, 6600 BLOCK AIRLINE, INTERSECTION WITH ALLEY 99/39 00/03 00/O4 00/06 00/O7 00/08 00/09 00/11 oo/15 oo/16 oo/18 oo/19 6/2/98 lO/21/98 2/2/99 lO/21/98 11/18/98 12/8/98 1/20/99 2/2/99 10/5/99 3/2/99 7/6/99 12/15/99 9/1/98 9/7/99 11/2/99 7/6/99 8/3/99 12/15/99 8/3/99 8/3/99 11/2/99 12/15/99 98/37 11/17/99 2/1/00 2/16/00 3/7/O0 3/7/00 3/7/OO 3/7/OO 4/4/00 5/2/00 6/6/00 6/21/00 7/3/00 -R- R-O-W, PORTION OF GLENWICK, HPISD RUNOFF WATER, REGULATE DRAINAGE ROSEDALE, 3100 BLOCK, PARKING RIGHTS-OF-WAY, SMU, SPECIAL EVENT SIGNAGE AGREEMENT 99/47 99/10 00/02 00/20 12/15/99 3/17/99 2/1/00 7/19/00 -S- SALARY ORDINANCE, 1998-99 SAN Carlos, NO PKNG 4100 BLK, 245 & 310' W FRM PRESTON SHENANDOAH (4101-4103), D-2 DUPLEX TO SF-A ATTACH SMU, SPECIAL SIGN DIST, FORD STADIUM TEMP, AMD 94/10 SMU, PARKING GARAGE, DANIEL/HILLCREST SMU, UC-3 & UC-4, UNIVERSITY CAMPUS-3 SMU, PD-23 AMEND, LOTS O & E SNIDER PLAZA, LEGACY BANK SPECIAL SIGN DIST, PARK CITIES PLAZA SPECIAL SIGN DIST, PARK CITIES PLAZA SPECIAL SIGN DIST, PARK CITIES PLAZA, BACHENDORF'S SPECIAL SIGN DIST, PARK CITIES PLAZA, AMD ORD 90/28 SPECIAL SIGN DIST, SMU, FORD STADIUM TEMP, AMND 94/10 98/28 99/8 98/19 99/2 99/16 99/27 99/41 99/3 98/18 98/31 98/37 99/3 99/2 SPECIAL SIGN DIST, PLZA @ PRESTON CNTR, STOREHOUSE FURN99/36 STOREHOUSE FURNITURE, SPECIAL SIGN DIST, PRESTON CNTR SMU, PARKING PROHIBITED, 3100 BLOCK ROSEDALE SPECIAL SIGN DISTRICT, HIGHLAND PARK PRES CHURCH SMU, SPECIAL SIGN DISTRICT, GERALD J. FORD STADIUM SIGN DISTRICT, PARK CITIES BAPTIST CHURCH ST CHRISTOPHER'S EPISCOPAL CHURCH PLAYGROUND, PD-27 SMU, LICENSE AGREEMENT FOR SPECIAL EVENT SIGNAGE 99 /36 O0 /03 O0 /05 O0 /13 O0 /16 O0 /18 O0 /20 9/1/98 3/2/99 6/2/98 2/2/99 7/6/99 9-7-99 11/2/99 6/1/99 6/2/98 10/21/98 11/18/98 2/2/99 2/2/99 9/15/99 9/15/99 2/1/oo 2/16/oo 4/19/oo 6/6/00 6/21/oo 7/19/oo -T- TAX, LEVYING AD VALOREM, FY 1998-99 TEXAS MUNICIPAL RETIREMENT SYSTEM, CONTRIBUTIONS EXCEEDING STATUTORY MAXIMUM OF 13.5% TELECOMMUNICATIONS, FIBER OPTIC, INTEGRAL NETWORKS TEXAS MUNICIPAL RETIREMENT SYSTEM, UPDATED SERVICE CR TEXAS UTILITIES ELECTRIC, RATE SCHEDULES TIME WARNER, FIBER-OPTIC TELECOMMUNICATION CABLES TRAFFIC CONTROL DEVICES, PUBLIC WKS DIRECTOR TRANSFER FUNDS, FROM 1999 BUDGET TXU GAS DISTRIBUTION, INCREASE IN NATURAL GAS RATES 98/27 98/4o 99/38 99/31 99/6 99/21 99/39 99/33 00/10 9/1/98 12/8/98 10/5/99 9/7/99 2/17/99 8/3/99 11/17/99 9/7/99 3/23/00 -U- UNIVERSITY BOULEVARD/HILLCREST (NO PARKING) UNIVERSITY CAMPUS UNIVERSITY PARK UNITED METHODIST CHURCH, 4024 CARUTH UNITARIAN CHURCH, FIRST, PARSONAGE USE UP ELEMENTARY SCHOOL, 3505 AMHERST, PORTABLES UPDATED SERVICE CREDITS, TMRS UNIVERSITY CAMPUS DISTRICT-2 UNIVERSITY CAMPUS-3 UTILITY POLES, SMU, SPECIAL EVENT SIGNAGE AGREEMENT 98/2o 99/14 99/15 99 /18 99 /31 00/02 O0 /02 O0 /20 6/2/98 6/1/99 7/6/99 8/3/99 9/7/99 2/1/00 2/1/00 7/19/00 -V- VILLANOVA, 4001, SPECIAL SIGN DISTRICT, TOM THUMB ~8/3~ -W- WALL AND FENCE REQUIREMENTS WALLS/FENCES, FRONT YARD WATER, RUNOFF, REGULATE DRAINAGE, BASEMENTS WENTWOOD, 4000 BLK, NO PARK, PRESTON-PRESTON PLAZA WESTCHESTER, NO PKNG, COLGATE NORTH TO ALLEY WIRELESS DATA SERVICES, METRICOM, INTERNET WIRELESS TELECOMMUNICATION, NEXTLINK, TEXAS, INC WESTCHESTER, 7015, HPHS, PD-17 WATER CONSERVATION, PROHIBIT WASTE OF WATER PER WATER CONSERVATION & DROUGHT CONTINGENCY PLAN BETWEEN PC MUD & TOWN OF HIGHLAND PARK 99/12 99/32 99/10 99/35 99/37 98/24 98/36 00/06 00/14 6/1/99 9/7/99 3/17/99 9/7/99 lO/5/99 8/4/98 11/18/98 3/7/00 5/2/oo -Z- ZONING ORD(AMEND), MAX BLDG HEIGHT, COOKING CHIMNEY 98/17 ZONING ORD(AMEND),4101-4103 SHENANDOAH,SF-A ATTACH 98/19 ZONING ORD(AMEND),4032 CENTENARY,DUPLEX TO SF-A ATTACH 98/38 6/2/98 6/2/98 ~2/8/98 ORDINANCE NO. 9 8 / 17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, BY AMENDING SECTION 19-300(3) TO PROVIDE A MAXIMUM HEIGHT FOR BUILDINGS; PROVIDING EXCEPTIONS; 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 that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 19- 300(3) to read as follows: "19-300 SPECIFIC REGULATIONS (3) The maximum height is twenty-five (25') feet, subject to the following exceptions: (a) One functional cooking chimney not to exceed thirty-five (35') feet in height; (b) Parapet walls to support sign structures facing south and approved in a special sign district, or to screen mechanical equipment, not to exceed thirty-one feet six inches (31 '6") in height; 18600 (c) One curved metal sign facing south and approved in a special sign district, not to exceed thirty-five (35') :feet in height, provided the north facing side of the metal sign has a finished surface identical to the south facing side." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, 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 or the Comprehensive Zoning Ordinance, as amended hereby, 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 of provision thereof other than the part 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 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. That 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. 18600 DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day ofJune, 1998. APPROVED: MAYOR ATTEST: CITY SECRETARY f--~PROVED AS TO FORM: CITY ATTORNEY (RLD/sb 5/28/98) 18600 ORDINANCE NO. 9 8 / 18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/28, SPECIAL SIGN DISTRICT FOR PARK CITIES PLAZA; 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 ($$00.00) 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 Ordinance No. 90/28, the Special Sign District for Park Cities Plaza, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such Special Sign District should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/28, as heretofore amended, which granted a special sign district for Park Cities Plaza, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interest of the City of University Park. The City Council therefore hereby determines that Ordinance No. 90/28, the Special Sign District for Park Cities Plaza, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That the signage for Park Cities Plaza shall be permitted as shown on Exhibit "A" for the west, east and south elevations. That the construction specifications stated 18602 therein are hereby adopted and incorporated herein as special conditions for such signage. That the renderings for the signage for Park Cities Plaza attached hereto as Exhibit "B" are incorporated herein and adopted insofar as they depict the graphic environment of the center and show the maximum heights of the structures. SECTION 3. That the sign criteria set out in Exhibit "C", pages 1-4, are incorporated and adopted hereby as special conditions for such signage. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance, 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, as amended hereby, 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 of provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the ordinances of the City of University Park as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance, as amended hereby, shall be subject to the same penalty as provided for in the 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 a violation is continued shall be deemed to constitute a separate offense. 18602 SECTION 7. That 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 June, 1998. APPROVED: MAYOR ATTEST: CITY SECRETARY /'~-' ----./ ....... ..~APPROVED AS TO FO ,R~I~: ~. CITY ATTORNEY " (RLD/sb 5/28/98) 18602 GOOD FULTON & FARRELL ARCHITECTS 3102 Oak Lawn Avenue Architecture Suite 250 Interior Architecture Dallas, Texas 75219 Planning 214 ! 528-5599 Fax 214 / 521-8672 SIGN CRITERIA PARK CITIES PLAZA UNIVERSITY PARK, TEXAS GFF PROJECT NO. 97194 MARCH 30, 1998 R. Lawrence Good, FAIA Duncan T. Fulton, FAIA David Michael Farrell, AIA Joseph J. Patti, AIA, CSI Bryce A. Weigand, FAIA Tamara K. Chambless, AIA W. Anthony Eeds, AIA, CCS, CSl Jeffrey L. Good, AIA James M. Stark, AIA Karen K. Quick, MBA The purpose of this sign criteria is to create a graphic environment that is individual and distinctive in identity for the Tenant and also compatible with other signs within the center. The total concept should give an impression of quality, professionalism and instill a good business image. Lettering shall be well proportioned and its design, spacing and legibility shall be a major criterion for approval. The following specifications are to be used for the design of your sign; however, in all cases, final ~ apprc~val mu,~t he. obtained from the lessor prior to the manufacturing or installation of any signage. Lessor shall make all final and controlling determinations concerning any questions of interpretations of this sign policy. NOTICE: Written approval and conformance with these specifications dnes nat imply conformance with local City and County sign ordinances. Please have your sign company check with local authorities to avoid non-compliance with local codes. REQIIIRED SIGNS 1. Tenant shall be requested to identify its premises by erecting one (1) sign which shall be attached directly to the building fascia as described hereinafter. Where the Leased Premises is a corner store, the Tenant may install a fascia sign on each fascia when the parallel lease frontage exceeds 15', and the criteria shall govern each frontage respectively, however, a maximum of three signs will be permitted for corner lease. 2. Tenant shall not be allowed to open for business without approved required signs in place. Failure to open for this reason shall not excuse the Tenant from the performance of its obligations under the Lease. TYPE OF SIGN Internally illuminated acrylic faced, individual letters on building fascias. 1. Depth - 6"; height - not-to-exceed 36". Multiple Rows - not-to-exceed 36" in total height including spaces between rows; Minimum Letter Size - 10". For tenant leasing at "high" parapet wall, depth - 8", maximum letter height 48". Sign Criteria - Park Cities Plaza GFF#97194 March 30, 1998 Page 2 Do Go In any case, the overall length or spread of the sign cannot exceed 70% of the total linear storefront measurement of the leased space or 50' - 0", whichever is less. In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to the wall of a building, the area of the sign shall be the entire area within a single continuous rectilinear perimeter of not more than eight (8) straight lines enclosing the extreme limits or writing, representation, emblem or any figure of similar character, together with any material or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is placed. TYP~ 01~ .RI~N 1. Any style (block or scrip0 may be used. Upper and lower ease letters are allowed. Lessor will have final review over height increases for script letters. 2. Logos in addition to signage must be approved. They must be proportionate to height of fascia and sign and in same color as signage. 3. Box type signs will not be permitted. 1. Face is to be Rohm & Haas Plexiglass. Colors permitted are: a. White #7328 b. Red #2793 c. Orange #2564 d. Green #2108 e. Yellow #2465 f. Blue #2051 g. other Tenant standard national colors may be acceptable, subject to approval 2. Returns - to be painted to match acrylic sign face, or to be consistent with tenant standard national colors. 3. Trim Cap 1" Black Jewel Lite, or to be consistent with tenant standard national colors. CON.RTRIICTION OF 1.1R. TTER~q 1. Individual ehalmel letters up to 36" high will have 1/8" plexiglass faces. Letter heights of 48" shall have 3/16" thick faces. 2. Returns and Backs - .063 aluminum gauge (minimum). 3. No armorplate or wood in the manufactured returns may be used. IIJJIMINATION AND WIRING 1. All illumination shall be with 15mm and 30ma neon tubing, and shall be uniform. Neon color as follows. a. White Plex: b. Yellow Plex: c. Orange Plex: d. Red Plex: e. Green and Blue Plex: 6,500 degrees white Clear Gold II 4,500 degrees white Clear Red Neon Power Green and Power Blue. Secondary Wiring - All transformers and secondary wiring are to be concealed behind parapets or within soffits. Electrical power shall be brought to required location at Tenant' s expense. Routing and location of conduit and other required items shall not be visible on front of fascia. Sign Criteria - Park Cities Plaza GFF#97194 March 30, 1998 Page 3 K L. Final electrical connection of sign to transformer box will performed by a licensed electrician approved by Landlord. Owner shall provide an access panel in the canopy soffit to the sign wiring area. PI.ACEMENT AND INgTALLATION 1. General Notes a. Letters are to be located on signage area of building as determined by Landlord. The assigned position for each Tenant shall be as close to a center-of-frontage location as possible, subject to allowance for positioning corner store signs and suitable space between adjacent Tenant signs, as determined by the Landlord. b. Attachment of signage to meet U.L. Standards. No exposed wiring is permitted. c. All fasteners used are to be non-corrosive. d. Tenant will be responsible for all damage to the building incurred during sign installation or removal. SIIRMITTAL FOR APPROVAI. 1. Prior to awarding a contract for fabrication and installation, Tenant shall submit thre~ (3) sealed drawings for final review and approval to: Park Cities Village Joint Venture c/o Harrison Real Estate 5307 East Mockingbird Lane, Suite 701 Dallas, Texas 75206 Elevation of building fascia and sign shall be drawn using a minimum 1/4" = 1'-0" scale. Drawing shall indicate the following specifications: Type, color and thickness of plexiglass, type of materials, finish used on return, type of illumination and mounting method. Tenant's sign contractor shall first visit the site to verify existing conditions prior to preparation of shop drawings, information needed to prepare submittals shall also be obtained during the visit. Drawings must include fascia cross section showing electrical connections. pERMITg All City permits and approvals from the landlord are required prior to sign fabrication. TR AII.ER KI~NK OR TEMPORARY KIGNK WII.I~ NOT RE PERMITTED ADDREAqK KIGNAGE Street address will be installed by Landlord. 3" white die-cut vinyl letters, in a Helvetica light font, to be located on glass transom above doors, centered on doors. WINDOW ,RIGNg No window signs are permitted. REAR ENTRY gIGNS The Tenant will apply maximum 2" high vinyl die-cut letters on the rear door(s) with his name and suite number only. Tenant shall not post any additional signs in the service area. Sign Criteria - Park Cities Plaza GFF#97194 March 30, 1998 Page 4 Oo FOLLOWING AR~ NOT PERMITTED 2. 3. 4. 5. 6. 7. 8. 9. 10. Roof signs or box signs Cloth signs hanging in front of business Exposed seam tubing Animated or moving components Intermittent or flashing illumination Iridescent painted signs Letter mounted or painted on illuminated panels Signs or letters painted directly on any surface except as herein provided Signs installed or placed along perimeter of shopping center The names, stamps or decals of manufacturers or installers shall not be visible except for technical data (if any) required by governing authorities. P: \OFI~PROJECTS\ 1997X97194~llSC~IONCRIT. PItF ORDINANCE NO. 9 8 / 19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE FROM D-2 DUPLEX DISTRICT TO SF-A SINGLE FAMILY ATTACHED DISTRICT ON LOT 12 OF BLOCK 3, PRESTON PLACE NO. 3 ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 4101-4103 SHENANDOAH AVENUE; 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 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 granting a change of zoning from D-2 Duplex District to SF-A Single Family Attached District on the property described as Lot 12 of Block 3, Preston Place No. 3 Addition to the City of University Park, more commonly known as 4101-4103 Shenandoah Avenue, University Park, Dallas County, Texas. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be, and the same are hereby, repealed and all other provisions of the ordinances of the City of University 18608 Park not in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, 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 of provision thereof other than the part 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 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. That this ordinance shall take effect immediately fi.om 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 June, 1998. 18608 APPROVED: MAYOR ATTEST: CITY SECRETARY ,.~----,A-P-P. ROVED AS TO FORM: CITY ATTORNEY (RLD/sb 5/28/98) 18608 ORDINANCE NO. 9 8 / 2 0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF HUNTERS GLEN FROM THE POINT OF ITS INTERSECTION WITH GLENWICK LANE TO A POINT 930 FEET NORTH OF SUCH INTERSECTION, ON THE WEST SIDE OF HUNTERS GLEN FROM THE POINT OF ITS INTERSECTION WITH DRUID LANE TO A POINT 230 FEET SOUTH OF SUCH INTERSECTION, ON THE WEST SIDE OF HUNTERS GLEN BETWEEN THE POINT OF ITS INTERSECTION WITH DRUID LANE AND THE POINT OF ITS INTERSECTION WITH WESTWICK ROAD, ON THE EAST SIDE OF WESTWICK ROAD BETWEEN THE POINT OF ITS INTERSECTION WITH HUNTERS GLEN AND THE POINT OF ITS INTERSECTION WITH DRUID LANE, ALL SIDES OF THE TRIANGULAR ISLAND SOUTH OF THE INTERSECTION OF WESTWICK ROAD AND DRUID LANE, ON THE SOUTH SIDE OF HAYNIE STREET FROM THE POINT OF ITS INTERSECTION WITH HILLCREST WEST TO THE POINT OF ITS INTERSECTION WITH THE ALLEY IMMEDIATELY WEST OF HILLCREST, AND ON THE NORTH SIDE OF UNIVERSITY BOULEVARD FROM THE POINT OF ITS INTERSECTION WITH HILLCREST WEST TO THE POINT OF ITS INTERSECTION WITH THE ALLEY IMMEDIATELY WEST OF HILLCREST; REPEALING THE CURRENT NO PARKING RESTRICTION ON THE NORTH SIDE OF DRUID LANE BETWEEN HUNTERS GLEN AND GLENWICKLANE; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle at any time on the following streets or parts of streets: On the east side of Hunters Glen from the point of its intersection with Glenwick Lane to a point 930 feet north of such intersection; On the west side of Hunters Glen from the point of its intersection with Druid Lane to a point of 230 feet south of such intersection; Co On the west side of Hunters Glen from the point of its intersection with Druid Lane to the point of its intersection with Westwick Road; 18629 ORDINANCE NO. 9 8 / 2 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES TO INCLUDE PROVISION OF A PROCESS FOR SEWER FEE RECALCULATION; PROVIDING A PROCESS BY WHICH SUCH RECALCULATION SHALL BE PERFORMED; PROVIDING FOR A FEE FOR SUCH RECALCULATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 11, Article 11.500 of the Code of Ordinances be amended to include the following section: "(f) In cases where the sewer charge for the current year exceeds the charge for the previous year, the previous year's charge may be used for the months remaining in the current year providing the following requirements are met: (1) (2) (3) (4) The sewer charge for the current year must exceed the previous year's charge by at least 50 percent; The customer must apply to the City's Utility Office for the change; The customer pays the appropriate fee; and The customer must have received service at the same location during both the current and immediately preceding year. Such change is available once per customer per address per year. Only the most immediate preceding year's winter quarter average, determined as provided in (b) (4) above, may be used. The recalculation will only apply to the months remaining until the next following February billing year. EXAMPLE - On June 1, 1998, a customer who is on Cycle I requests a recalculation. The current sewer charge, which was calculated based on water usage during the months of November 97, December 97 and January 98, is $45.00 a month. The previous fee, calculated during the months of November 96, December 96 and January 97, was $30.00 a month. The customer has lived in the home for both years and has paid the appropriate fee. Beginning with the next billing cycle (July, 1998), the sewer charge will change from $45.00 a month to $30.00 a month. The $30.00 will remain in effect until after the next recalculation period of November 98, December 98 and January 99. When the new sewer charge is calculated and is applied in 1999, the customer's options are either 1.) Pay the sewer charge calculated in 1999 or 2.) Submit another request as outlined, including paying the reCalculation fee." 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 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 affect the validity of the Code of Ordinances as a whole. SECTION 4. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of July, 1998. APPROVED: Harold Peek, Mayor ATTEST: APPROVED AS TO FORM: CITY ATTORNEY Bobbie H. Shar~,'City Secretary ORDINANCE NO. 9 8 / 2 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING TO METRICOM, INC. ("METRICOM"), A DELAWARE CORPORATION, THE RIGHT TO LOCATE, PLACE, ATTACH, INSTALL, OPERATE, AND MAINTAIN RADIOS ON FACILITIES OWNED BY THE CITY AND OTHERS LOCATED IN THE RIGHTS-OF- WAY AND EASEMENTS OF THE CITY FOR THE PURPOSE OF OPERATING A WIRELESS, MICROCELLULAR DIGITAL RADIO COMMUNICATIONS NETWORK; AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT IN THE FORM ATTACHED HERETO AS EXHIBIT "A"; 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 is hereby granted to Metricom, subject to the City's prompt receipt of monetary compensation and the fulfillment of the other terms and conditions of the attached Right-of-Way Use Agreement, the right to enter upon the space in, upon, above (to the height of any municipal facilities), along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist, to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace radios in or on City or public utility facilities (with the permission of such public utility) for the purposes of operating a wireless, microcellular digital radio communications network known as "Ricochet" and providing services to persons located within or without the limits of the City of University Park. SECTION 2. That in connection with such grant, the City Council hereby approves the form of the attached Right-of-Way Use Agreement, attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein, and authorizes the Mayor to execute the same on behalf of the City, subject to the terms and conditions thereof and hereof. SECTION 3. Metricom shall, within thirty days after the passage of this ordinance, file in the office of the City Secretary a duplicate original of the Right-of- Way Use Agreement signed by its proper officer. Metricom shall not commence construction, operation or activation of its system until an executed original of the Right-of-Way Use Agreement has been provided to the City Secretary. SECTION 4. If any section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of the Right-of-Way Use Agreement or this ordinance is for any reason held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remainder of the Right-of-Way Use Agreement or this ordinance shall not be affected, but shall be deemed to be a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of such Agreement or ordinance, which shall remain valid and enforceable to the fullest extent permitted by law. SECTION 5. Any ordinance of the City of University Park in conflict with the provisions of this ordinance or the Right-of-Way Use Agreement as adopted 19415 hereby, is hereby repealed, and any provision of any ordinance not in conflict therewith shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage and acceptance in accordance with the provisions of this ordinance. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of ~OVED AS TO CITY ATTORNEY (RLD/sb 7/9/98) Auqust ,1998. APPI~VED: MAYOR ATTEST: CITY SECRETARY 19415 EXHIBIT "A" UNIVERSITY PARK H/S RIGHT-OF-WAY USE AGREEMF3qT (this "Use Agreement") is dated as of , (the "Effective Date"), and entered into by and between the CITY OF UNIVERSITY PARK, a Texas municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ('Metricom"). A. Metricom is in the business of constructing, .maintaining, and operating a wireless digital data communications radio network known as Ricochet(D, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in §1.12 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of.attachment, installation, and maintenance of its 'facilities, Metricom has the right under federal and Texas law to install facilities in municipal public ways. C. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities, owned by the City, as well as facilities owned by third parties, located in the Municipal Right of Way for purposes of operating Ricochet(D. ~IIlll, t~zrzfIIrz, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Agency. "Agency" means any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in § 1.12 below). 1.2 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to Persons doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, telecommunications 'tax, or similar tax or fee). university park2.doc [05mas28row98ua11 Right-of-Way Use Agreement City. o/ U, mer~ Park :: Metricom, Inc. ts,ge 1 of 13 o7/29/9~ ~5~ PM 1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued on Metricom's books for Services provided to its customers with billing addresses in the City, excluding (i)the Right-of-Way Fee, if any, payable pursuant to § 4 et seq. below and any utility users' tax, telecommunications tax, franchise fees, or similar tax or fee; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time during the presence of Radios in the Municipal Right of Way. 1.6 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 Municipal Access Program. "Municipal Access Program" means the discount program described in § 4.3 below. 1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Municipal Right of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Municipal Right of Way. "Municipal Right of Way" means the space in, upon, above (to the height of any Municipal Facilities), along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include county, state, or federal rights of way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.10 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. university park2.doc [05mas28row98ual ] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 2 of 13 07/29/98 1'.5~ PM 1.11 Provision. "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the perfom-~ance required' or permitted by any party to this Use .Agreement. Ail Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.12 PUC. "PUC" means the Texas Public Utility Commission. 1.13 Radio. "Radio" means ,the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.14 RicochetS. "Ricochet(g)" or "Ricochet~ MCDN" means Ricochet(~ MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated bY Metricom. 1.15 Services. "Services" means the wireless digital communications services provided through Ricochet(b by Metricom. 1.16 City. "City" means the City of University Park. 1.17 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement and may also refer to the associated right to encroach upon the Municipal Right of Way corfferred hereunder. 2 TERM. The term of this Use Agreement shall commence on the Effective Date and shall expire on the date which completes eight (8) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for two (2) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either Metricom or the City notifies the other party of its intentiOn not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Municipal Right of Way exclusively or concurrently with any other Person or Persons and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Municipal Right of Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement may, at the City's option, be subject to the reasonable prior review and approval of the City. university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 3 of 13 07/29/98 1:51 PM 3.1 Attachment to MUnicipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Municipal Right of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet~ and providing Services to Persons located within or without the limits of the City, In addition, subject to the provisions of § 4 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities. 3.2 Attachment to Third-Party Property.. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Municipal Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Municipal Right of Way as may be permitted by the public utility company or property owner, as the case may be. Upon request, Metricom shall furnish to the city documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Municipal Right of Way. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, ~erial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, service provider, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. City agrees to require the inclusion of the same prohibition on interference as that stated above in all agreements and franchises City may enter into after the Effective Date with other telecommunications providers and carriers. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement. 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Municipal Right of Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and unwersity park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metn'com, Inc. page 4 of 13 07/29/98 1:51 PM customary permit fees. City shall promptly respond to Metricom's requests for permits and shall otherwise cooperate with 'Metricom in facilitating the deployment of Ricochet~ in the Municipal Right of Way in a reasonable and timely manner. The proposed locations of Metricom's planned initial installation of Radios shall be provided to the City promptly after Metricom's review of available street light maps and prior to deployment of the Radios. 3.6 Notice of Location of Radios. Upon the completion of installation, Metricom promptly shall furnish to the City suitable documentation showing the exact location of the Radios in the Municipal Right of Way. 4 COMPENSATION; DISCOUNTS; UTILITY CHARGES. Metricom shall responsible for the payment of all lawful Fees in connection with performance under this Use Agreement, including those set forth below. be solely Metricom's 4.1 Right-of-Way Fees. In order to reimburse City for any costs it may incur in connection with Metricom's entry upon and deployment with the Municipal Right of Way, Metricom shall pay to the City, on an annual basis, an amount equal to three percent (3%) of Metricom's Gross Revenues (the "Right-of-Way Fee"), which amount will be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The compensation provided under this section shall be payable for the period commencing upon the date that Metricom first provides Services to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45th day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the City shall be paid by Metricom within thirty (30) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherWise shall be refunded or offset against the next payment due from Metricom. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City. university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 5 of 13 07/29/'98 151 PM 4.1.1 Reduction of Right-of-Way Fee by Amount of Utility Users or Telecommunications Tax. Notwithstanding anything to the contrary in this Use Agreement, if the Services are subject to a utility users tax, telecommunications tax, or other similar tax or fee by operation of the City's Municipal Code or other applicable law, then the amount of the Right-of-Way Fee shall be reduced by the amount of the applicable utility users tax, telecommunications tax, or such other similar tax or fee. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on ten (10) business days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs. 4.3 Municipal Access Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of RicochetS) basic service subscriptions at the rate of fifty percent (50%) of the regular rate as current from time to time. The number of subscriptions which the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows: (a)for municipalities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; (c)for municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for municipalities with a population of over 500,000, up to a maximum of fifty (50) discount subscriptions. City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from time to time or under other promotional programs unwersity park2.doc [05mas2 8row98ua1] R~ght-of-Way Use Agreement City of University Park :: Metricom, Inc. page 6 of 13 07/29/98 151 PM which may be available from time to time in addition to the Municipal Access Program rate. City shall use all subscriptions provided pursuant to this § 4.3 solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other Person. 5 RELOCATION OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b)because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, City shall use its best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under. the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.2 Damage to Municipal Right of Way. Whenever the removal or relocation of Radios is required or pem-titted under this Use Agreement, and such removal or relocation shall cause the Municipal Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Municipal Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal, wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall promptly reimburse the City for such costs. 6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred university park2.doc [05mas28row98ual ] Right-of-Way Use Agreement City of University Park :: Metricora, Inc. page 7of13 in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. ' r o aims. Metricom of action, and rights it may assert against the Ci~ o~t of any loss, damage, or injury to any Radio or any loss?~9~gl~dation of the Services as a result of any event or occurre · ' ~s beyond the reasonable control of the C~_~r. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products-completed operations. Such insurance policies shall name the City, its council members, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Claims-made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 8 of 13 (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s), of insurance with endorsements and notices shall be mailed to the City at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutory workers' compensation and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Texas and shall be rated at least A:X in A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: CITY OF UNIVERSITY PARK At-tn: Kent Austin, Director of Finance 3800 University Park University Park, TX 75205 university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 9 of 13 07/r29/98 1'.51 PM if to Metricom: METRICOM~ INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or oVernight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any material covenant or tem-~ hereof by the other party, Which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), Provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the express written conSent of the City, which conSent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, successor, or financially viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 11 MISC~.LLANEOUS PROWSIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide Metricom with exclusive use of the Municipal Right of Way or any Municipal Facility and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Municipal Right of Way and on Municipal Facilities; however, City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Municipal Right of Way or on Municipal Facilities. In addition, City agrees to advise other providers of telecommunications services of the presence or planned deployment of the Radios in the Municipal Right of Way and/or on Municipal Facilities. university park2.doc [05mas2 8row9 8ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 10 of 13 07/29/98 1:51 PM 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument' signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by court of competent jurisdiction in a' final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each ProviSion hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City depaxtment having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800)873-3468 regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Texas, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree .that trial of such action shall be vested exclusively in the state courts of Texas, County of Dallas, or in the United States District Court for the Northern District of Texas. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. 11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Use Agreement are by such reference incorporated in this Use Agreement and shall be deemed a part of this Use Agreement. 11.8 Successors and Assigns. This Use Agreement is binding upon the successors and assigns of the parties hereto. 11.9 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. university park2.doc [05mas28row98ual ] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 11 of 13 07/29/98 1'.51 PM 11.10 Abandonment of Radios. In the event that any Radio subject to this Use Agreement is abandoned and no longer placed in service for a period-of six (6) months or more, Metricom promptly shall notify the City, and the City, at its option, may require Metricom promptly to remove the abandoned Radio(s) at Metricom's sole cost and expense or dedicate the same to the City. ,The City shall not issue notice to Metricom that the City intends to exercise the option to require removal or dedication of Radios, unless and until the City first gives fifteen (15) days' prior written notice to Metricom to remove the Radios. If Metricom shall fail to remove the Radios as required by the City, the City shall be entitled to remove the Radios at Metricom's sole cost and expense. Metricom shall execute such documents of title as will convey all right, title, and interest in the abandoned Radios, but in no other Metricom property, intellectual or otherwise, to the City. 11.11 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.12 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.13 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. In addition, City specifically represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to § 4.1 above. 11.14 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 12 of 13 07/29/98 1:51 PM ~It llli~lll~!tti lllIJl~lrl~Ilf, and ~ order to bind the~elves legally to the ter~ and condi~ons of this Use A~eement, the duly authored representa~ves of the par~es have executed t~s Use A~eement as of the Effec~e ~ate. Ci~: CI~ OF UN~ERSI~ PARK, a Te~s~unicipal~ I corpora~on [name ~edL Its: ~YO¢ Metricom: METRICOM, INC., a Delaware corporation By: [name typed] Its: Approved as to Fornt university park2.doc [05mas28rmo98ua1] Righ t-of-Way Use Agreement City of University Park :: Metricom, Inc. page 13 of 13 07/29/98 1:51 PM witness wh r oL and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly autho~_ed representatives of the parties have executed this Use Agreement as of the EffeCtiv/e ~ate. City: CITY OF UNIVER, SI. TY PARK, a Texfisatrmnicipal corporation [name typeaL Its: Metricom: METRICOM, INC., a Delaware corporation [name typeal Its: ~F_,0tr e-~C_ ~-Oo.~SE C_ Approved as to Form R artm n . university park2.doc [05mas28row98ua1] Right-of-Way Use Agreement City of University Park :: Metricom, Inc. page 13 of 13 07/29/98 1:51 PM AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. 9 8 / 2 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO COMMUNICATIONS SYSTEMS DEVELOPMENT, INC. (CSDI), TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY IN, UNDER AND ACROSS STREET AND ALLEY RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK FOR THE PURPOSE OF THE INSTALLATION, USE, LEASE, SALE AND MAINTENANCE OF SUBSURFACE CONDUIT AND FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Communications Systems Development, Inc., (CSDI), its successors and assigns, hereinafter referred to as Grantee, to occupy, maintain and utilize for the purposes set out herein below, the subsurface space beneath the streets and alleys of University Park, within the limits of dedicated rights-of-way of said streets and alleys. SECTION 2. That this License is granted for a term of ten (10) years unless sooner terminated according to other terms and provisions herein contained. This License may be renewed by Grantee for two additional five (5) year terms, provided Grantee gives two (2) years' written notice to the City, subject to Council approval. Grantee shall pay the City of University Park a one- time administrative fee of $2,000 with each renewal. SECTION 3. That Grantee shall pay in Year 1 a one-time sum of One Dollar ($1.00) per linear foot of installation of new communication facilities, or $2,000, whichever is greater, and beginning in Year 2 and for the years thereafter during the term hereof, the Grantee shall pay an annual administrative fee of Two Thousand Dollars ($2,000). The one-time fee is due and payable upon the final passage of this ordinance. Grantee shall also pay One Dollar ($1.00) per linear foot (one-time fee) for installation of any additional new telecommunication facilities, or $500, whichever is greater. Such compensation shall be in addition to and exclusive of the annual fee and any other taxes or special assessments required by law to be paid by the Grantee. All sums payable to the City of University Park hereunder shall be paid to Director of Finance, City of University Park. SECTION 4. That there is hereby granted, subject to the City's prompt receipt of the required monetary compensation, to CSDI, hereinafter called "Grantee", for a term of ten (10) years plus any renewal, from passage of this revocable license ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand, reconstruct, maintain, sell and lease in, along, across, on, through, and under the public streets, alleys, and rights-of-way of the City of University Park, a Fiber-Optics Telecommunications Network, (the "Network"), which shall be limited to audio, video, data, voice, and signaling communications services. Grantee shall not provide services directly regulated by the Texas Public Utility Commission (The "PUC") under the Texas P'ublic Utility Regulatory Act unless authorized by the PUC. Grantee shall not provide cable services or operate a cable system as defined in the Cable Communications Policy Act of 1992 (47 U.S.C.A. Sec. 521, et. seq., as amended) or as recognized by the Federal Communications Commission (the "FCC") and without first obtaining a separate cable franchise from the City of University Park. CSDI shall not allow the use of the Network by an end user provider of service or a cable system that has not been granted a franchise by the City. This license is granted to Grantee solely for the purposes stated above. This ordinance does not require Grantee to provide ubiquitous service throughout the entire city as a public service provider. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All facilities of the Grantee shall be designed and installed within City rights-of-way in accordance with the applicable City Codes and ordinances and the requirements for right-of-way/easement construction. All portions of the Network and any other facilities installed or maintained by the Grantee shall be placed underground. The Grantee shall submit to the Director of Public Works detailed construction plans of all facilities to be installed within the City streets and alley rights-of-way, not less than ten (10) days prior to the commencement of said construction. The Director of Public Works shall review said plans and may require reasonable modifications in order to protect existing or anticipated public improvements or utilities. The Grantee shall then cause the appropriate public records to be modified so that other property owners or engineers investigating improvements within the rights-of-way will be notified of the location of such improvements. Any request for expansion may be denied by the City when, in the opinion of the Director of Public Works, there is insufficient room in the City rights-of-way to accommodate the expansion. The determination of the Director of Public Works shall be final. (b) The location and route of all conduits, fiber, cables and facilities placed and constructed by the Grantee in the construction and maintenance of the Network within the rights-of-way of City shall be subject to the lawful, reasonable and proper control and direction of the City. 19919 (c) (d) In the event the construction or maintenance of the Network requires the temporary closing of a traffic lane or lanes, the Grantee shall notify the Director of Public Works not less than three (3) days prior to the construction or maintenance. The Director of Public Works may require the submittal of a traffic control plan (including, but not limited to barricades, signs, and solar-powered electronic message boards), and may also require that all lanes be open and available to traffic during peak traffic hours. This paragraph shall not apply to emergency repairs. The Grantee shall conduct all traffic control in accordance with the latest version of the Texas Uniform Manual of Traffic Control Devices, as it may be amended from time to time. (e) (0 (g) (h) The Grantee shall obtain a permit from the Engineering Department of the City prior to commencing any construction, reconstruction or maintenance. Nothing contained in this ordinance shall obligate or restrict the Grantee in exercising its rights voluntarily to enter into joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. The surface of any public street, avenue, highway, alley, sidewalk, parkway or landscaped area disturbed by the Grantee in the construction or maintenance of the Network shall be restored to the satisfaction of the Director of Public Works within forty-eight (48) hours after the completion of the work. Should the City reasonably determine, within one (1) year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work, the Grantee shall perform such additional restoration work to the reasonable satisfaction of the City. No public avenue, highway, alley, sidewalk, parkway or landscaped area shall be encumbered for a longer period than shall be reasonably necessary to execute all work. The City and the Grantee shall use all reasonable caution to avoid disturbing the facilities of the other party, but shall never charge the other entity fbr damages that result fi'om accidental damage that occurs as a result of routine construction or maintenance activities unless such damage is caused by the gross negligence or willful misconduct of the other party. Upon request of the City, Grantee shall remove and abate any portion of the network or any facility that is dangerous to life or property, and in case Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Grantee, all without compensation or liability for damages 19919 to Grantee. Grantee shall promptly restore the public streets, alleys, rights-of-way to as good a condition as before commencement of the work, to the reasonable satisfaction of the Director of Public Works. Grantee shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of its network. SECTION 6. That this License is granted subject to the following further conditions, terms and reservations: (a) That at such time as this License is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City, acting through its City Manager, shall remove all installations, improvements and appurtenances owned by it, situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this License, Grantee shall tail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by the City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City be liable to Grantee on account thereof. (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the license area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than one hundred eighty (180) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City one hundred eighty (180) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at Grantee's expense. Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above. All work shall be done at the sole cost of Grantee and to the reasonable satisfaction of the City Manager of the City, or his designee. (c) It is further understood that if and when the City of University Park, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in 19919 4 (d) connection with any public improvement which will affect the licensed area, and/or any of Grantee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements thereon, shall be made at the sole expense of Grantee and to the satisfaction of the Director of Public Works of the City of University Park. iNSURANCE. (1) Grantee shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. (2) Subject to Grantee's right to maintain reasonable deductibles in such amounts as are approved by the City, Grantee shall obtain and maintain in full force and effect for the duration of this license, and any extension or renewal thereof, at Grantee's sole expense, insurance policy coverage in the following type and minimum amounts: Worker's Compensation and Employer's Statutory Liability $100,000/500,000/100,000 Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 occurrence or its equivalent per (iii) Products/Completed Operations 19919 (3) (4) Co (iv) Personal Injury (v) Contractual liability (vi) Explosion, collapse, and underground property damage Comprehensive Automobile Insurance coverage for loading and unloading hazards, for: (i) Owned/Leased automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Non-Owned Automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability - $1,000,000 per occurrence or its equivalent (iii) Hired Automobiles Unless otherwise provided, the minimum coverage shall be: $300,000.00 - Bodily Injury or Death, Per Occurrence $300,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following :required provisions: mo Name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; Provide for fbrty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. Provide for notice to the City Secretary by certified mail; and 19919 Provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the Indemnity, Section 6(f) of this license ordinance, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. (5) The insurance policies obtained by Grantee in compliance with this Section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. (6) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. (7) The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. (8) Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry said insurance at its expense, and shall furnish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. (e) Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the 19919 (g) Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. As a condition hereof, Grantee agrees and is bound to indemnify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, lease, sale, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its fiber optic communications cable or conduit located within public rights-of-way pursuant to this license that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility installed within said rights-of-way, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any such installation, natural causes, or any other cause. This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner to interfere with the operation of any utilities and communication facilities. All and any communication companies and utilities, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area, and all communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the said licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. 19919 SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within six (6) months after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the City Manager, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Grantee fail to obtain prior approval for assignment of this license or fail to provide the City of University Park with the required written acceptance and a copy of the assignment, the City Manager may terminate this license. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. SECTION 11. That this ordinance shall take effect 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 this the 4th day of August, 1998. APPROVED: ~.~~~ MAYOR ~PROVED AS~, F~O~ CITY ATTORNEY (RLD/sb 8-04-98) DULY RECORDED: CITY SECRETARY 19919 ORDINANCE NO. 9 8 / 2 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999; 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 Cotmcil a proposed budget of the revenues and expenditures of conducting the affairs of the City and providing a complete financial plan for 1998-99; 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, 1998, and ending September 30, 1999, as submitted to the City Cotmcil by the City Manager, be, and the same is hereby, in all things adopted and approved as the budget of all current revenues and expenditures of the City for the fiscal year beginning October 1, 1998, and ending September 30, 1999. SECTION 2. That the sum of $25,943,331.00 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. 20129 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 1997-98 are hereby ratified and the Budget Ordinance for 1997-98, 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 all notices and public hearings required by law have been duly 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. 20129 DULY PASSED by the City Council of the City of University Park, Texas, on the 1 st day of September, 1998. APPROVED: M.~YOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/cdb 08-12-98) CITY SECRETARY 20129 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY1999 PROPOSED and FY2000 PROJECTED BUDGETS BY FUND AND DEPARTMENT GENERAL FUND Revenues Expenditures Building Engineering Executive Facilities Maintenance Finance Fire Human Resources Information Services Legal Parks Police Streets Swimming Pool Traffic Control Total General Fund expenditures Revenues over/(under) expenditures UTILITY FUND Revenues Expenditures Utility Office Utilities Total Utility Fund expenditures Revenue over/(under) expenditures 1997-98 1998-99 % Change 1999.2000 % Change Adopted Dept. Request Proposed FY98/FY99 Projected FY99/FYO0 $14,903,611 $15,296,625 $15,396,625 3.31% $16,002,624 3.94% 405 516 488 100 1,050 055 986 210 572 734 2,443 210 194 803 212 960 299.149 1,69¢ 430 3,209 432 2,564,899 171,559 603,983 461,946 445,946 9.97% 430,725 -3.41% 496,443 496,443 1.71 % 529,711 6.70% 1,303,429 1,082,632 3.10% 1,284,463 18.64% 886,098 829,098 -15.93% 840,759 1.41 % 602,165 604,820 5.60% 626,375 3.56% 2,801,115 2,701,475 10.57% 2,779,700 2.90% 248,761 237,311 21.82% 243,549 2.63% 697,967 362,867 70.39% 352,932 -2.74% 414,501 372,558 24.54% 366,525 -1.62% 1,699,214 1,670,523 -1.18% 1,742,329 4.30% 3,331,324 3,333,599 3.87% 3,442,359 3.26% 2,609,385 2,582,185 0.67% 2,688,987 4.14% 192,500 182,500 6.38% 180,000 -1.37% 559,376 519,876 -13.93% 538,790 3.64% $14,893,040 $16,299,224 $15,421,833 3.55% $16,047,204 4.06% $10,571 ($1,002,599) ($25,208) ($44,580) $7,744,860 $8,180,600 $8,180,600 5.63% $8,180,600 0.00% 3,989,787 3,972,257 4,015,257 0.64% 4,034,471 0.48% 3,847,174 3,844,592 3,797,092 -1.30% 3,951,547 4.07% $7,836,961 $7,816,849 $7,812,349 -0.31% $7,986,018 2.22% ($92,101) $363,751 $368,251 $194,582 SANITATION FUND Revenues 1,867,643 1,929,100 1,929,100 3.29% 1,929,000 -0.01% Expenditures 1,982,497 1,894,836 1,894,836 -4.42% 1,993,879 5.23% Revenue over/(under) expenditures ($114,854) $34,264 $34,264 ($64,879) 811,381 814,313 814,313 0.36% 623,413 -23.44% 811,381 814,313 814,313 0.36% 623,413 -23.44% 0 0 0 0 DEBT SERVICE FUND Revenues Expenditures Revenue over/(under) expenditures TOTALREVENUES TOTAL EXPENDITURES Revenueove#(under) expenditures $25,327,495 $26,220,638 $26,320,638 3.92% $26,735,637 1.58% $25,523,879 $26,825,222 $25,943,331 1.64% $26,650,514 2.73% ($196,384) ($604,584) $377,307 $85,123 BD99-OO.XLS ByDptFnd 8/14/982:34 PM ORDINANCE NO. 9 8 / 2 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 1998-99 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 1998, 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 1998 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 $0.43537 on each $100.00 assessed valuation of taxable property, and such taxes shall be apportioned and distributed as follows: (A) (B) $0.40055 on each and every $100.00 valuation of said property is hereby levied and assessed to provide revenues for maintenance and operations of City government and current expenses thereof; and $0.03482 on each and every $100.00 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 to provide a redemption fund for the ultimate payment of General Obligation Refunding Bond 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 the maturity thereof; and (C) That all ad valorem taxes shall become due and payable on October 1, 1998, and all ad valorem taxes for the year shall become delinquent after January 31, 1999. That in addition to any statutory exemptions for the 1998 tax year, the City Council hereby authorizes a General Homestead Exemption of twenty percent (20%) of the assessed value and an Over Sixty-Five Years of Age Exemption of $50,000.00 on the assessed value. SECTION 3. That a delinquent tax shall incur all penalty and interest authorized by law, including a penalty of six percent (6%) on the amount of the tax for the first calendar month it is delinquent, plus one percent (1%) 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 percent (12%) 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 percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 1999, incur an additional penalty of fifteen percent (15%) of the amount of the 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. 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. 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 1 st day of September, 1998. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/cdb 08-11-98) CITY SECRETARY ORDINANCE NO. 98/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAFrER 8, ARTICLE 8.500 OF THE CODE OF ORDINANCES; PROVIDING AN AMENDED PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Article 8.500 of the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby amended to read as follows: "A city pay plan to compensate e~ loyees of the City of University Park will be adopted annually by ordinance of the City Council. A copy of the current pay plan adopted by such ordinance will be available for public inspection at all times during regular business hours in the office of the City Secretary." SECTION H The City pay plan for FY 1998-99 is adopted to wit: 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES T1TLE POINTS MIN. MARKET MAX. CHIEF OF POLICE & FIRE DIRECTOR OF PUBLIC WORKS DIRECTOR OF FINANCE DIRECTOR OF HUMAN RESOURCES DIRECTOR OF PARKS ASSISTANT FIRE CHIEF CiTY ENGINEER POLICE CAPTAIN BLDG. & ZONING ADMINISTRATOR MGK OF INFORMATION SERVICES UTILiTIES SUPERINTENDENT SANITATION SUPERINTENDENT MGMT. SYSTEMS COORDINATOR ACCOUNTING MANAGER EQUIPMENT SERVICES SUPT. CIVIL ENGINEER STREET SUPERINTENDENT UTILITY OFFICE MANAGER PURCHASING AGENT PARKS SUPERINTENDENT GIS COORDINATOR INFO. SERVICES SUPPORT TECH WAREHOUSE SUPERVISOR CITY SECRETARY 904 6912 8002 9554 904 6912 8002 9554 755 6011 6959 8309 677 5541 6414 7658 636 5293 6128 7317 611 5141 5952 7107 611 5141 5952 7107 594 5039 5834 6966 479 4345 5030 6006 479 4345 5030 6006 432 4061 4701 5614 421 3994 4624 5522 417 3970 4596 5488 417 3970 4596 5488 406 3904 4519 5397 353 3584 4149 4953 344 3530 4086 4879 333 3463 4009 4786 332 3457 4002 4778 318 3372 3904 4662 298 3251 3764 4494 289 3197 3701 4419 282 3154 3652 4361 259 3016 3491 4168 NON-EXEMPT EMPLOYEES TITLE GRADE PTS. MIN. MARKET MAX. CITY MARSHAL CONSTRUCTION INSPECTOR EQUIP. SHOP SUPERVISOR TRAFFIC SUPERVISOR MAINTENANCE SUPERVISOR COlvlNt TECI{/ELECTRICIAN BUILDING INSPECTOR CODE ENFORCEMENT OFCK ENGINEERING TECT[ TRAFFIC TECHNICIAN ADMIN. ASST. - POLICE POLICE RECORDS MGI~ CHIEF DEPUTY COURT CLERK GARDENER III FORESTRY TECHNICIAN HORTICULTURIST mRIGATION TECHNICIAN PESTICIDE TECHNICIAN EQUIP. SERVICE TECHNICIAN WELDING TECHNICIAN DATABASE ADMINISTRATOR PAYROLL CLERK HUMAN RESOURCES ASST. ACCOUNTS PAYABLE CLERK FACILITIES MAINT. TECH_ SANITATION CREW LEADER N58 296 3274 N58 296 3274 N57 269 3041 N57 269 3041 N57 269 3041 N57 269 3041 N56 245 2834 N56 245 2834 N56 245 2834 N56 245 2834 N56 245 2834 N56 245 2834 N55 216 2584 N55 216 2584 N55 216 2584 N55 216 2584 N55 216 2584 N55 216 2584 N55 216 2584 N55 216 2584 N54 191 2369 N54 191 2369 N54 191 2369 N54 191 2369 N54 191 2369 N54 191 2369 3791 4527 3791 4527 3521 4204 3521 4204 3521 4204 3521 4204 3281 3917 3281 3917 3281 3917 3281 3917 3281 3917 3281 3917 2991 3571 2991 3571 2991 3571 2991 3571 2991 3571 2991 3571 2991 3571 2991 3571 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2742 3274 2433 2905 2433 2905 2433 2905 2433 2905 2433 2905 2433 2905 2433 2905 2263 2702 2263 2702 2263 2702 2263 2702 2263 2702 2263 2702 2263 2702 2263 2702 2023 2415 2023 2415 2023 2415 1823 2177 1823 2177 1823 2177 DISPATCHER ANIMAL CONTROL OFFICER MAINTENANCE TECH II SIGN MAKER/SIGN TECH I SENIOR UTILITY CLERK SANITATION DRIVER Iff ENVIRONMENTAL INSP. MAINTENANCE ASSISTANT LUBE & TIRE TECHNICIAN SIGNS/MARKINGS TECH II LEAD CUSTODIAN UTILITY CLERK DEPUTY COURT CLERK SANITATION DRIVER II GARDENER II MAINTENANCE TECH I WAREHOUSE ASSISTANT RECEPTIONIST SANITATION DRIVER I SIGNS/MARKINGS TECH I CUSTODIAN GARDENER I WAREHOUSE PARTS RUNNER N54 191 2369 N54 191 2369 N54 191 2369 N54 191 2369 N53 160 2102 N53 160 2102 N53 160 2102 N53 160 2102 N53 160 2102 N53 160 2102 N53 160 2102 N52 143 1954 N52 143 1954 N52 143 1954 N52 143 1954 N52 143 1954 N52 143 1954 N52 143 1954 N52 143 1954 N51 119 1748 N51 119 1748 N51 119 1748 N50 99 1574 N50 99 1574 N50 99 1574 POLICE DEPARTMENT TITLE STEP 1 STEP2 STEP3 STEP4 STEP5 POLICE LIELrrENANT 4184 POLICE OFFICER 3160 4393 4613 3318 3484 3658 3841 FIRE DEPARTMENT T1TLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIE~ 4716 FIRE CAPTAIN 4170 EMS COORDINATOR 4267 DRIVER/ENGINEER 3926 DRIVER ]I 3756 FIREFIGHTER 2950 PARAMEDIC 4952 4379 3097 3252 3415 3586 $125 PER MONTH ASSIGNMENT PAY PLUS $20 FOR EACH SHIFT ASSIGNED TO MICU $25 PER MONTH ASSIGNMENT PAY PART TIME AND TEMPORARY EMPLOYEES Pay to be determined by the Director of Human Resources. 2. PAY PLAN ADMINISTRATION: (a) Non-uniformed Pay Plan. The pay plan presented herein for positions except unifomled police and fire defines the range of pay for each position in the city. There will be two steps between minimum and nmrket, with nfinimum designated as Step 1 and nmrket pay designated as Step 4, tlmt range being designated as both a hiring and probationary range. Market pay (Step 4) of each range is considered the rote of pay for a fully trained, competent employee. There will be five steps between nmrket pay and maximum, with maximum designated as Step 10, that range being designated for merit pay. Progression from one step to the next lu'gher step slmll be based solely on perfommce as approved by the depamnent head and will be effective on an employee's evaluation date. (b) Uniformed Police and Fire Pay Plan. In order to receive a step increase, each en~ployee must meet the time-in-service requirement and have a performance evaluation that is at least "Meets Expectations." If an employee does not meet hie perfornmnce evaluation requirement, the supervisor nmy set a time for re-evaluation and reconsideration of the step increase ffimproved performance is 3. ASSIGNMENT PAY: Paramedic and EMT positions are not specified as rank, but are designated as an assignment and receive assignment pay as follows: $125 per month plus $20 for each shift assigned to MICU $25 per month The assignment pay will be in addition to the pay allocated for the rank at the time of assignment. For example, a firefighter assigned as paramedic will receive the pay for a firefighter plus $125 per month plus $20 for each shift assigned to the MICU. If the employee discontinues the paramedic assignment, that employee reverts back to the previous rank and the assignment pay is discontinuecL The same is true ff the reassignment is made with cause or is in the best interest of the department. 4. WORK EXPERIENCE PERIOD: The work experience period is one year under normal circumstances for uniformed police and fire and six months for all other employees. Nothing herein prevents the extension of a work experience period or prevents any department head from delaying or withholding pay increases for just and compelling reasons. 5. SHIFF DIFFERENTIAL PAY: Patrol Officers, Police Lieutenants, and Dispatchers who work the evening shift will receive an additional pay of $25 per montl~ Patrol Officers, Police Lieutenants, and Dispatchers who work deep night shift will receive an additional pay of $50 per month. These employees must maintain a performance evaluation that "Meets Expectations" in order to be eligible for the shift differential pay. 6. LONGEVITY: All 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 25 years. All other employees of the City shall receive longevity pay at the same rote 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 of the montk 7. EDUCATION AND CERTH~ICATION PAY: (a) Uniformed personnel in the Fire Department shall receive incentive pay for college education hours in Fire Protection Technology. This plan does not include the rank of Section Chief or higher except as designated below. 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. Assoc. degree or 60 hours $50.00 per month 5. Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month 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 order to eligible for the pay described above. In addition to the above, uniformed Fire Department personnel will be eligible for the following incentive pay for certification beyond basic: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's $75.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Advanced $25.00 per month 2. Master's $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Master's $25.00 per month No Fire Department personnel shall receive more than $100 per month in incentive pay. (b) Patrol Officers are eligible for educational incentive pay as follows: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor's degree $50.00 per month Police Lieutenants are eligible for educational incentive pay as follows: 1. Bachelor's degree $25.00 per month In addition to the above, Patrol Officers are eligible for certification pay incentive according to the TCLEOSE certification held: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month Police Lieutenants are eligible for certification pay incentive according to the following; 1. Advanced $25.00 per month 8. MASTER POLICE OFFICER: The Master Police Officer designation is hereby established for any Patrol Officer who attains the qualifications set by the Police Department. The designation will carry a fifty dollar ($50) per month increase in salary. The qualifications for this designation are as follows: Must have been with the University Park Police Department for five (5) years or with the UP Police Department for two (2) years and hold an Advanced TCLEOSE Certification; b. Must maintain a performance evaluation that "Meets Expectations" for the past two years; Must not have had any preventable accidents within the last eighteen (18) months; 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; Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; Upon obtaining the Master Police Officer designation, the officer must successfully complete both basic supervision and intermediate traffic accident training; Must demonstrate proficiency with service weapons; and 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 and Fire may remove the designation until the officer again meets the standards listed above. 9. OVERTIME PAY: Overtime pay will applied as described in Administrative Order PRS-4. 10. APPLICATION OF PAY PLAN: The pay plan, as outlined above, applies only to regular full-time employees (except for overtime provisions). 11. 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/her approval shall not exceed 10°/6 of total employees during the fiscal year. 12. INTERPRETATION: From time to time, it may be necessary to interpret the pay plan for its applicability to certain unforeseen circumstances. The city manager may issue an administrative order interpreting the pay plan for specific circumstances; however, all such interpretation may be appealed to the City Council within fifteen (15) days. SECTION IH This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide, provided that the pay plan to be given effect hereby shall take effect on October 1, 1998. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of September, 1998. MAYOR ATTEST: CITY SECRETARY ORDINANCE NO. 9 8 / 2 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE WEST SIDE OF THE 5900 BLOCK OF HILLCREST AVENUE SOUTH FROM SHENANDOAH AVENUE TO NORMANDY STREET; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the west side of Hillcrest south from Shenandoah Avenue to Normandy creates a sight obstruction for traffic; Now, Therefore, 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 any motor vehicle at any time on the west side of the 5900 Block of Hillcrest Avenue south from Shenandoah Avenue to Normandy Street. 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 decided to be invalid, illegal or unconstitutional. 20694 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 23rd day of September, 1998. APPROVED:/z~~ ~ MAYOR APPROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 9-15-98) ATTEST: CITY SECRETARY 20694 ORDINANCE NO. 9 8 / 3 0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING ON THE NORTH SIDE OF DANIEL FROM THE POINT OF ITS INTERSECTION WITH THE ALLEY IMMEDIATELY WEST OF HILLCREST A DISTANCE OF 25 FEET TO NOT LONGER THAN 15 MINUTES; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the high volume of traffic for the businesses located generally at the northwest comer of Daniel and Hillcrest requires a limitation on the length of time for parking; Now, Therefore, 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 any motor vehicle at any time for a period longer than 15 minutes on the north side of Daniel from the point of its intersection with the alley immediately west of Hillcrest a distance of 25 feet, as shown on the sketch attached hereto as Exhibit "A" and made part hereof for all purposes. 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 decided to be invalid, illegal or unconstitutional. 21233 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the __2_l_s_t__ day of October, 1998. ~.~~.~..~ APPI~OVED: / / / MAYOR ATTEST: CITY SECRETARY CITY ATTORNEY (RLD/sgb 10-14-98) 21233 Rosedale LOT Daniel OBSCUt~ LOT OCT 14 '98 12:11 214 989 5499 PAGE.02 ORDINANCE NO. 9 8 / 3 '1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR PRESTON CENTER PLAZA, BY AUTHORIZING NEW SIGNAGE FOR THE TOM THUMB GROCERY STORE, 4001 VILLANOVA; 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 amendment of Ordinance No. 90/6, the Special Sign District for Preston Center Plaza, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such Special Sign District should be amended as requested; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/6, a Special Sign District for Preston Center Plaza, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interest of the City of University Park. The City Council therefore hereby determines that Ordinance No. 90/6, the Special Sign District for Preston Center Plaza, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That the signage for the Tom Thumb Grocery Store, 4001 Villanova, shall be permitted as shown on the attached Exhibit "A" and Exhibit "B" attached hereto and made part hereof for all purposes, subject to the following special conditions for such signage, to wit: A. The "Tom Thumb" signs on the north and east elevations shall comply the construction specifications set out on Exhibit "A". B. No lettering shall be permitted on any of the awnings on the building at 4001 Villanova. C. The signs on the north and east elevations shall not exceed forty-one square :feet in total area each. SECTION 3. That all ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance which shall remain in full force and effect. 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 21167 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 6. That 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, onthe 21st dayof Oc tobe_____Kr ,1998 /'t APPROVED: MAYOR ATTEST: CITY SECRETARY PROVED AS ~000~& CITY ATTORNEY (RLD/sb 10/12/98) 21167 ORDINANCE NO. 9 8 / 3 2 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 29-100 TO PROVIDE FOR ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND COMPLIANCE; REQUIRING INSPECTIONS; 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 that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 29-100 to read as follows: "29-100 No non-residential building or land shall be used, occupied or changed in use until a Certificate of Occupancy and Compliance shall have been issued by the Building Official of the City of University Park. (1) A Certificate of Occupancy and Compliance shall be applied for in any such case and will be issued within ten (10) days after the inspection by the Building Official or his representative of the use, occupancy, or change in use of such building, or land, provided it has been done in complete conformity with the provisions of the ordinances of the City of University Park. (2) A Certificate of Occupancy and Compliance shall state that the use of the non- residential building or land complies with the building codes, health laws, ordinances, codes, and zoning ordinance of the City of University Park. A record of all certificates shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person." 19605 SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 5. That 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. 19605 DULY PASSED by the City Council of the City of University Pat-k, Texas, on the '~rd day of November ,1998. APPROVED: MAYOR CITY ATTORNEY (RLD/sgb 9/14/98) ATTEST: CITY SECRETARY 19605 ORDINANCE NO. 9 $ / 3 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING ARTICLE 4.500 OF THE UNIVERSITY PARK CODE OF ORDINANCES, REGULATING THE USE OF RESIDENTIAL AND COMMERCIAL SECURITY ALARM SYSTEMS; PROVIDING DEFINITIONS AND TERMS; PROVIDING FOR REGISTRATION OF ALARM SYSTEM INSTALLATION AND MAINTENANCE CONTRACTORS; PROVIDING FOR DIRECT ALARM MONITORING OF ALARMS BY THE POLICE/FIRE DEPARTMENT; PROVIDING REQUIREMENTS FOR ALARM SYSTEM INSTALLATIONS; PROVIDING FOR ALARM SYSTEM PERMITS; REVOCATION OF ALARM SYSTEMS PERMITS AND AN APPEAL PROCEDURE; PROVIDING FOR PENALTIES FOR NON-VALID ALARMS; PROVIDING FOR THE CREATION OF THE POSITION OF ALARM SYSTEM INSPECTOR; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council believes that communications are essential for police and fire protection and control, as well as the operation of emergency medical services; and WHEREAS, alarm systems play an active role in the overall communication system in the City, and at present time, almost all alarm calls are routed to monitoring centers where they are "screened" and then relayed, if necessary, by live voice; and WHEREAS, the City of University Park has reviewed the quality of Alarm System maintenance, Alarm System monitoring, and methods of improving reliability of existing systems, promptness in reporting alarm conditions to the Police/Fire Department, and methods of reducing the incidence of false alarms; and WHEREAS, the City Council has determined that it is in the public interest to allow alarm systems in the City to be directly monitored by the Police/Fire Department; and WHEREAS, the City Council has determined that all alarm systems within the City shall be governed by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Article 4.500 of the University Park Code of Ordinances, entitled "Security Systems" be, and is hereby, amended to read as follows: "ARTICLE 4.500 SECURITY SYSTEMS SECTION 4.501 - DEFINITIONS AND TERMS The following words and terms, as used herein, shall have the meaning respectively ascribed to them, as follows: u:\docs\dam\projct98\ordnance.doc 10/27/98 1:23 PM Co D° F° Ho K° Lo Alarm Agent. Shall mean any person employed by an Alarm Business whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, leasing, servicing, responding to, or causing others to respond to an alarm device. The provisions of this section do not include persons who engage in the manufacture or sale of Alarm Systems from a fixed location and who neither visit the location where the Alarm System is to be installed, nor design the scheme for the physical location of the Alarm System in a specific location. Alarm Business. Shall mean any individual, company, partnership, corporation, or proprietorship, along with any of its officers, directors, agents or employees, which alters installs, leases, maintains, monitors, moves, repairs, replaces, sells, services, or responds to an Alarm System, or which causes any of those activities to take place. Alarm Notification. Shall mean a notification intended to summon the Police/Fire Department, which is designed either to be initiated purposely by a person or by an Alarm System that responds to a stimulus characteristic of unauthorized intrusion, fire, or medical emergency. Alarm Site. Shall mean a single premises or location (one street address) served by an Alarm System or systems that are under the control of one owner. Alarm System. Shall mean a device or system which transmits a signal intended to summon aid from the Police/Fire Department in case of a robbery, burglary, personal hostage, fire, or medical emergency. The term "alarm system" does not include a system installed on a vehicle or a system designed to alert only the persons within a premises which does not emit a signal visible or audible outside of the premises. Systems commonly referred to as Burglar Alarm Systems, fire alarms, panic/alert systems and medical alert systems are included. Alarm User. Shall mean any owner or occupant of premises within the City of University Park where an Alarm System is maintained. Annunciator. Shall mean the instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals shows when an alarm device at a particular location has been activated or it may also indicate line trouble. ANSI. Shall mean the American National Standards Institute. Answering Service. Shall refer to a telephone answering service providing among its services receiving on a continuous basis through trained employees, emergency signals from Alarm Systems, and thereafter immediately relaying the message by live voice to the Police/Fire Department. Burglar Alarm System. Shall mean an Alarm System signaling an entry or attempted entry into an area protected by the system. Central Station. Shall mean an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where alarm signals are continuously monitored. Chie_f. Shall mean the Chief of Police/Fire for the City of University Park or an authorized representative. u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM M. Ci~.. Shall mean the City of University Park, Texas. N. Ci~. Council. Shall mean the Mayor and City Council of the City of University Park, Texas, or any part thereof. Oo Digital Dialer Signaling SYstem. Shall mean an electronic alarm signaling system attached to an Alarm System which when activated automatically seizes an existing telephone line and signals the alarm monitoring service or the Police/Fire Department, where appropriate action is taken to respond to and/or investigate such signal. Po False Alarm Notification. Shall mean an alarm notification to the Police/Fire Department when the responding personnel find no evidence of robbery, burglary, personal hostage, fire or medical emergency, or attempted robbery burglary, or personal hostage. False Alarm Notification includes the activation of an Alarm System through mechanical or electronic failure, malfunction, improper installation or the negligence of the owner or lessee of an Alarm System or of their employees or agents, except that the following shall no~t be considered false alarms: (1) Alarms caused by the failure or malfunction of the monitoring equipment located in the Police/Fire Department or its designated site. (2) Alarms occurring on a repeated basis without apparent cause but where continuous and decided effort, in the sole opinion of the Department, is being made jointly by the Alarm Business used by the Alarm User for installation or servicing, and any other concerned person to correct the malfunction expeditiously. (3) Alarms caused by an attempted illegal entry, of which there is visible evidence; illegal entry, or other demonstrable criminal activity. (4) Alarms intentionally caused by a person acting under a reasonable belief that a need exists to call the Police/Fire Department. (5) Alarms followed by an immediate call to the Police/Fire Department canceling the alarm by giving the proper code number, such call having been made prior to the arrival of the Police/Fire Department at the Alarm Site. (6) Alarms resulting from the servicing of an Alarm System by an Alarm Business when, prior to such repair or service, the Alarm User or their agent has notified in person the Department that the Alarm System will be repaired or serviced at the particular date and time coinciding with that alarm. Q. Local Alarm. Shall mean a signaling system, which when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed. Ro Mod!~d Central Station. Shall mean an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such modified central station is not listed by Underwriter's Laboratories. u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM S. Operator. Shall mean any employee of an Alarm Business whose duties include responding to or initiating responses to Alarm System signals. T. Owner. Shall mean the record title holder of real property. U. Person. Shall mean any individual, corporation, organization, partnership, association, or any other legal entity. Police/Fire Department or Department. Shall mean the University Park Police Department and/or the University Park Fire Department, including the Communications/Dispatch Center and all authorized agents and employees thereof. Radio Frequency (RF) Signaling System. Shall mean an alarm signaling system which when activated by an alarm device, transmits a signal by radio frequency to a monitoring company or the Police/Fire Department, where appropriate action is taken to respond to and/or investigate such signal. X. Residence or Residence Site. Shall mean a structure intended as a dwelling unit including, but not limited to, one-family dwelling units, apartments, condominiums, townhouses and duplexes. Y. Signal Line. Shall mean the transmission line through which the signal passes from one of the elements of the signal transmission to another. Z. Telephone Company. Shall mean any utility that furnishes telephone services to the City of University Park. AA. UL. Shall mean Underwriters Laboratories. SECTION 4.502 - ALARM PERMIT REQUIRED The owner or person in control of a premises commits an offense if he/she installs an alarm system or possesses an activated alarm system without first obtaining an alarm permit from the Chief. A separate permit is required for each Alarm Site. A. The application for such alarm permit shall contain the following information: (1) Name, business address, home address, business telephone number and home telephone number of the person in whose name the permit is requested; and (2) Name, business telephone number, and home telephone number of two (2) persons who are authorized and have agreed to receive notification at any time from responding police or fire personnel to come to the alarm site within thirty minutes after receiving such notification; and (3) Classification of the alarm site as residential, commercial, or banking institution; and (4) Purpose of the alarm (i.e., burglary, robbery, fire or medical assistance, etc., or any combination thereof); and u:\docs\dam\proj ct98\ordnance.doc 10/27/98 5:03 PM Co Go Ho (5) Any other information required by the Chief to insure compliance with all provisions of this Ordinance. The permit holder shall notify the Chief of any change in the information contained in the application within five (5) days of such change. Any failure of the Alarm User to update any of the information required to obtain an Alarm Permit as changes occur shall constitute a violation of this ordinance. If the application complies with all requirements of this article, the Chief shall issue a permit. Any false statement of a material nature made by an applicant for the purpose of obtaining a permit shall be grounds for denial of the issuance of the permit, or cancellation of the permit if one has been issued. A permit is not assignable or transferable to another person. The permit required by this article shall be valid for a period of twelve (12) months from the date of its issuance, unless revoked by the Chief under the provisions of this Ordinance. The permit shall be renewed annually by the Chief upon payment by the permit holder of the annual renewal fee provided for in this Ordinance. A non-refundable initial fee and an annual renewal fee shall be paid for the permit by the applicant for each alarm system. It is the responsibility of each Alarm User to obtain an alarm permit before operating their Alarm System. If a citizen purchases or occupies a premise that has an Alarm System monitored directly by the Police/Fire Department, it is the New Owner' s/Occupant's responsibility to obtain an alarm permit and indicate in writing to continue direct monitoring. If this process is not completed within 10 days of taking occupancy of the premise, the New Owner/Occupant will be mailed a certified letter instructing them to obtain the above permit and indicate in writing if they wish to continue direct alarm monitoring with the Department. If the letter is unclaimed by the New Owner/Occupant and returned to the Department, an officer will post the letter to the front door of the residence securely with tape. The officer will fill out an affidavit of fact concerning his actions in this matter. If the New Owner/Occupant does not respond within 10 days after receiving the certified letter, their Alarm System will be disconnected from direct alarm monitoring with the City of University Park. The Alarm Permit contains emergency contact information on the Alarm User with necessary information about the Alarm System. This permit must be obtained before operating an Alarm System. If the Alarm System is operated without a valid alarm permit and the system is activated resulting in an emergency response, the officer responding to the alarm will issue a citation in the name of the Alarm User for "operating a non-permitted alarm system." If the Alarm User is not home at the time of the alarm activation, the citation may be left with any authorized adult person present at the time of the alarm response. If no one is home when the response is made, the officer issuing the citation will keep all copies with him/her and make several attempts to personally deliver the citation. If the citation can not be delivered after seventy-two (72) hours, the officer will have the citation delivered by certified mail to the Alarm User. The court date must be set for at least thirty (30) days from the date of the certified letter to allow for a proper response. If the certified letter is unclaimed by the Alarm User and u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM returned to the Police/Fire Department, it will be returned to the officer who issued the citation to be hand delivered. This will be done by posting the letter to the front door of the residence securely with tape. The officer will then fill out an affidavit of fact concerning his/her actions in this matter. SECTION 4.503 - GENERAL REQUIREMENTS FOR ALARM PERMIT HOLDERS mo Standards and Inspections. Except where modified oi: qualified elsewhere herein, the following standards and inspections are required (a copy of all standards shall be available for public inspection at the Police/Fire Department); (1) All Alarm Systems installed in commercial establishments after the effective date of this Ordinance shall utilize equipment, components, and methods of installation equal to or exceeding the following minimum applicable UL or ANSI standards: UL 609 (ANSI SE2.1- -1972) "Local Burglar Alarm Units and Systems"; UL 636 (ANSI SE2.7--1973) "Hold-up Alarm Units and Systems"; UL 681 (ANSI SE2.3--1972) "Installation and Classification of Mercantile and Bank Burglar Alarm Systems." All installations shall be made by an Alarm Business holding all required and current licenses issued by the State of Texas. (2) All alarm systems installed in residences after the effective date of this Article shall utilize equipment and components which shall be equivalent to or exceed the minimum applicable UL Standard 1023 (ANSI SE2.4--1972) "Household Burglar Alarm Systems Units," and such equipment shall be installed in a safe, reliable and professional manner by an Alarm Business holding all required and current licenses issued by the State of Texas. If the Alarm System is to include fire protection, then the Alarm Business, as well as the alarm technician installing the fire Alarm System must be licensed with the Texas Commission on Fire Protection as required in Section 5 of the Texas Insurance Code Article 5.43-2 Fire Detection and Alarm Devices and the Fire Alarm Rules issued by the Texas Commission on Fire Protection. All Alarm Systems equipped with fire protection must meet all requirements as set out in the National Fire Alarm Codes as stated in the National Fire Protection Association (NFPA) standards. In addition to the requirements set forth by the current listed UL or ANSI Standards the following additional requirements shall be met for all Alarm Systems installed and operated in the City. (1) All Alarm Systems installed after the effective date of this Article and all Alarm Systems heretofore installed shall have a standby power supply for the control panel and attached equipment. This secondary source of power shall be so installed that if the main source of power fails, the system shall not cause a nonvalid alarm. All standby power capable of operating the system for a minimum of four (4) continuous hours. All new installations shall have rechargeable power supplies installed at the time of the initial installation of the Alarm System. (2) All commercial Alarm Systems that use the telephone line to transmit a fire alarm signal must be equipped with a Digital Alarm Communicator Transmitter (ACT) as described in the National Fire Protection Association (NFPA 72). u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM (3) New Alarm Systems shall be installed in such a manner that the protective circuits shall indicate whether they are closed prior to being turned on; and (4) All triggering devices utilized in Alarm Systems within the City shall be adjusted to the degree reasonably possible to suppress nonvalid indications of fire or intrusion, so that alarms shall not be activated by natural phenomena including but not limited to, transient pressure changes in water pipes, short flashes of light, wind noises or exterior pressure change, such as rattling or vibration of windows or sonic booms, and vehicular noise adjacent to the installation. C. In addition to the aforesaid requirements for Alarm Systems, those Alarm Systems which connect directly to the Police/Fire Department for monitoring shall meet or exceed the following standards: (1) All Alarm Systems which are directly connected to the Department shall be installed by a licensed Alarm Business in accordance with the standard procedures as published by the Department. (2) All Alarm Systems shall have the standby power sources required in B(1) above installed and operational prior to interconnection to the Police/Fire Department. In the fire alarm condition, local annunciation must be provided until manually reset. In the burglar alarm condition, the panel shall reset after fifteen (15) minutes in alarm status, but shall retain all indication of the prior alarm status until the system is manually disarmed. (3) Fire alarm indications, when transmitted directly to the Police/Fire Department, shall originate from smoke or heat detectors at the alarm site. (4) Levels of communications defined: (a) A Level One communication is an alarm signal which shall be monitored directly by the Police/Fire Department. (b) A Level Two communication shall consist of a digital dialing device with redundancy, programmed to transmit alarm signals via the residential telephone line and/or radio transmitter to an alarm monitoring station. Do Automatic Shutoff Required. A local alarm installed after September 1, 1983, shall be designed and maintained to terminate the audible signal within fifteen (15) minutes of activation. A local alarm which sounds for a period in excess of fifteen (15) minutes shall constitute prima facie proof that the permit holder has violated this section. Maintenance of System. A permit holder shall maintain the alarm system in such a manner as to assure proper operation and to minimize false alarm notifications. The Alarm User shall assure that all batteries utilized as standby power sources in their Alarm Systems are tested at least once annually and replaced when found to be defective. Fo Manual Reset Required. The alarm permit holder for an Alarm System which causes an alarm notification to be sent directly to the City shall adjust the mechanism so that upon activation the system will not transmit another alarm signal without first being manually reset. u:\docs\dam\proj ct98\ordnance.doc 10/27/98 5:03 PM Go Ho Reporting of Alarm Signals. A permit holder commits an offense if he allows alarm signals to be reported through a relaying intermediary that is not licensed by the Texas Board of Private Investigators and Private Security Agencies. Indirect Alarm Reporting. A person who relays alarm notifications to the City shall communicate such alarm notifications only in a manner and form designated by the Chief. Alarm Dispatch Records. The Chief shall maintain a written record of all alarm notifications, including but not limited to, the following: (1) Name of permit holder; (2) Location of alarm site; (3) Date and time of alarm notification; (4) Name and badge number of the responding police officer or firefighter in charge of the response; (5) Weather conditions; and (6) Whether or not the notification was a false alarm notification. SECTION 4.505 - FEES FOR FALSE ALARM NOTIFICATION mo An Alarm User shall pay a fee for each false alarm notification in accordance with a schedule to be adopted by the City Council in the current Master Fee Resolution. Each false alarm notification, other than a false fire alarm notification, is subject to the following conditions: (1) The Chief may terminate law enforcement responses to a permit holder because of excess false alarms if the permit holder fails to pay the false alarm fees required by this Article. In order to effect termination, the Chief must issue written notice to the alarm permit holder that the account is past due on false alarm charges. The notice must specify that law enforcement responses will be terminated if the alarm permit holder does not remit payment or make arrangements for payment within a period of time not less than thirty (30) days. (2) The Chief may set standards for burglary alarm systems to be permitted and may refuse to permit particular systems which in his discretion have a history of unreliability. (3) The City may not consider a false burglary alarm to have occurred unless a response is made by the Police Department within thirty (30) minutes of the alarm notification and the Police Department determines from an inspection of the interior or exterior of the premises that the alarm was false. (4) The fee for a false burglary alarm may not be imposed unless at least five (5) other false burglary alarms have occurred during the preceding twelve (12) month period. u:\docs\dam\proj ct98\ordnance.doc 10/27/98 5:03 PM (5) For other alarm systems, no fee shall be assessed for the first three (3) false alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of issuance of a permit, no fee shall be assessed for false alarm notifications received during the first thirty (30) days of the operation of the system and for the first three (3) false alarm notifications received during any calendar year. B. The permit holder shall pay a fee for each false fire alarm notification, except as follows: For alarm systems in existence and use at the time of the issuance of a permit, no fee shall be assessed for the first three (3) false fire alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of the issuance of a permit, no fee shall be assessed for false alarm notifications received during the first thirty (30) days of the operation of the system, and the first (3) false fire alarm notifications received during any calendar year. Co The Chief shall, on a monthly basis, file with the City Manager, a report of false alarm notifications for which a fee is charged under the terms of this section. The City Manager shall then send to the permit holder, at the address stated on the application, a statement for fees due. Such fees shall be paid by the permit holder within thirty (30) days of the date of the statement, and are delinquent after such thirty-day period. SECTION 4.506 - REVOCATION OF ALARM PERMIT A. The Chief shall revoke an alarm permit if he/she determines that: (1) There is a false statement of a material nature in the application for a permit; (2) The permit holder has violated any provisions of this Article; or (3) The permit holder is delinquent in payment of fees for false alarm notifications. B. Appeal from Denial of Issuance or Revocation of Alarm Permit (1) If the Chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action, the reasons for his action, and a statement of the tight to an appeal. The applicant or permit holder may appeal the decision of the Chief to the City Manager by filing with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the Chief. In the event the appeal is for the revocation of a permit, the filing of an appeal shall allow the permit holder to continue to use the alarm system during the administrative appeal process. If an appeal is not made within such ten-day period, the action of the Chief is final. (2) The City Manager shall serve as hearing officer at an appeal and shall consider evidence by any interested person. The formal rules of evidence do not apply at the appeal heating. The City Manager shall base his decision on a preponderance of the evidence, and may affirm, reverse, or modify the decision of the Chief. u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM (3) The City Manager shall make his/her decision on the matter and notify the applicant or permit holder of the decision in writing within fifteen (15) days of the hearing. The decision of the City Manager is final as to administrative remedies with the City. C. Permit Restoration. If, after an Alarm System permit has been revoked, the Alarm User has made all necessary repairs or adjustments required by the Department, and has complied with all provisions of this Article, the Department shall restore the Alarm System Permit. SECTION 4.507 - REGISTRATION OF ALARM MONITORING SERVICES All Alarm Businesses which monitor Alarm Systems protecting Alarm Sites within the City shall register with the Department by completing a registration form to be provided by the Department. The registration form shall require the Alarm Business to provide the following information and documents: The address where monitoring is physically performed by the Alarm Business, including the street address, city, state and zip code. The Alarm Business shall state whether their central station, modified central station, or answering service is UL listed; and B. A copy of all the current licenses if the Alarm Business holds licenses issued by the State of Texas. SECTION 4.508 - REGISTRATION OF ALARM SYSTEM INSTALLATION AND MAINTENANCE CONTRACTORS A. All Alarm Businesses conducting any operations (as defined under "Alarm Business") in whole or in part within the City shall, within seven (7) working days prior to the commencement of the said operations, provide the Police/Fire Department a copy of all current licenses issued by the State of Texas which will include the following: (1) A copy of the alarm license issued by the Texas Board of Private Investigators; or (2) A copy of the alarm license issued by the Texas Commission on Fire Protection, if applicable to the work to be performed. (3) Both licenses are required if the Alarm Business services both burglar and fire Alarm Systems. It is the responsibility of any business and/or employee doing any type of digging or trench work within the utility easements or areas within the City of University Park to contact the applicable telephone company prior to beginning work and identify the location of any and all telephone cables that may be buried in the work area. If the telephone service is disrupted because the telephone/burglar alarm cable was damaged or cut causing activation of any residential or business burglar/fire Alarm System, the Chief will conduct an investigation. If the Alarm Business responsible for the damage to the telephone cable failed to contact the telephone company to identify the location of buried cable, the Alarm Business shall be fined a false alarm charge for each alarm signal activated at the Department resulting from the cut or damaged cable. u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM SECTION 4.509 - DIRECT ALARM MONITORING OF ALARM SYSTEMS BY THE POLICE/FIRE DEPARTMENT Alarm Users may elect to have their Alarm Systems connected directly to the Police/Fire Department providing the following conditions are met: (1) Their Alarm System shall meet such written standards for installation, maintenance and connection set forth by the Department; and (2) A valid Alarm Permit has been issued by the Department for that Alarm Site; and (3) All applicable fees set by the City Council in the Master Fee Resolution for Direct Alarm Monitoring services are timely paid; and (4) The Alarm System is maintained by an Alarm Business currently licensed by the State of Texas. SECTION 4.510 - INSPECTION OF ALARM SYSTEMS MONITORED BY THE POLICE/FIRE DEPARTMENT A. Inspection of Alarm Systems which are monitored by the Police/Fire Department For Alarm Systems which are directly monitored by the Police/Fire Department, the Department shall require inspections of the Alarm System to insure compliance with the published standards prior to connecting the Alarm System to the Police/Fire Department alarm monitoring terminals. (2) The Alarm User of the Alarm System which is directly monitored to the Police/Fire Department may request written notice of such inspection. All inspections required under the provisions of this Article shall be completed within thirty (30) days of the Alarm User's application for an Alarm System permit. In the event that the Alarm User cannot make the system available for inspection within a reasonable period of time, the Department shall be authorized to delay granting a permit or temporarily suspend a permit already issued pending verification of compliance with the standards adopted herein. (3) Should such inspection reveal any violations of the provisions of this Article, a written report detailing such violation shall be promptly sent to the Alarm User. Such report shall require the correction within thirty (30) days after receipt of the written notice from the Department of the violation detected and shall state that a failure to comply may result in a revocation of the Alarm User's permit in accordance with provisions of this Article relating to revocation of permits. (4) Written notice from the Department to any Alarm User required in any section of this Article shall be posted through the United States mail, certified return receipt requested, to the address stated in their Alarm System permit or, at the discretion of the Department, hand delivered to the Alarm User's address as stated in their Alarm System permit application. (5) If an Alarm System directly connected to the Police/Fire Department is damaged in any way to make it impossible to send alarm signals to the Department, the Alarm User will be u :\docs\dam\proj ct98\ordnance.doc 10/27/98 5:03 PM notified by phone of the problem. It will be the responsibility of the Alarm User to have the Alarm System repaired to required standards where it can again be operational. The repairs must be made within thirty (30) days after notification. If the repairs are not completed within the allotted time period, the Alarm User will be notified by certified mail that they will have ten (10) days to have the system repaired. In the event that Alarm User fails to repair the system within a reasonable time, the Department reserves the right to disconnect Alarm User's Alarm System from direct monitoring with the Department. If the certified letter is unclaimed by the alarm User and returned to the Police/Fire Department, an officer from the Department will securely post the letter to the front door of the residence with tape. The officer will then fill out an affidavit of fact concerning his actions in this matter. B. Inspection of Alarm Systems installed after the effective date of this Article. All Alarm Systems installed within the City after the effective date of this Article may be inspected by the Department as provided in this Article to assure compliance with its provisions. If an Alarm System is found not to be in compliance of this Article, the Alarm User will be notified. If the violation is discovered during the time of installation, the problem must be corrected before the inspection can be completed and permit issued. If the violation is discovered after the Alarm System is permitted, the Alarm User will be given sixty (60) days to bring the system into compliance with this ordinance or the alarm permit will be revoked. C. Inspection of Existing Alarm Systems Permits for Alarm Systems currently utilized within the City will be issued by the Department without inspection unless the Alarm User elects to be monitored directly by the Police/Fire Department, or the Alarm System permit is revoked under the provisions of this Article, in which case the Alarm System will be inspected prior to restoration of the permit. SECTION 4.511 - LOCAL ALARMS; LIMITS ON OPERATION All Alarm Systems equipped with any exterior sound-producing device including but not limited to gongs, buzzers, sirens, bells or horns shall be equipped with a time device which limits the operation of such sound-producing device to a continuous fifteen (15) minutes, except that commercial establishments shall be allowed a continuous thirty (30) minutes of operation of the sound-producing devices. SECTION 4.512 - CREATION OF ALARM SYSTEMS INSPECTOR DESIGNATION The Police/Fire Department is authorized to designated City employees to receive special training and perform duties as inspectors to inspect Alarm Systems for compliance with the provisions of this Article. The Department shall set standards for training, conduct and performance for personnel conducting inspections." SECTION 2. 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. u:\docs\dam\projct98\ordnance.doc 10/27/98 5:03 PM 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 any person, firm or corporation violating any of the provisions of the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every day such offense shall continue shall be deemed to constitute a separate offense. SECTION 5. This Ordinance shall take effect immediately following its passage, approval and publication as provided by law. PASSED AND APPROVED by the University Park City Council on this, the Third day of November, 1998. APPROVED: /~\'\ MAYOR ~ ATTEST: CITY SECRETARY ROVED AS TO FORM: CITY ATTORNEY u:\docs\dam\projct98\ordnance.doc 10/27/98 1:23 PM ORDINANCE NO. 98/3 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 1998-1999 FISCAL YEAR BUDGET, ORDINANCE NO. 98/27, TO CARRY FORWARD ENCUMBRANCES FROM THE 1997-98 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $434,143.13, UTILITY FUND ENCUMBRANCES OF $46,876.00 AND SANITATION FUND ENCUMBRANCES OF $13,638.43; AMENDING ORDINANCE NO. 98/27 TO TRANSFER FUNDS FROM THE FISCAL YEAR 1999 GENERAL FUND AND UTILITY FUND INTO 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 amend Ordinance No. 98/27 to carry forward encumbrances of funds from the 1997-98 fiscal year budget and to transfer funds from the fiscal year 1999 general fund and utility fund into the capital projects fund; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 98/27, the 1998-99 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward, to the 1998- 99 fiscal year encumbrances authorized in the 1997-98 budget but not funded during such fiscal year. That a complete listing of such encumbrances as they existed as of the beginning of the current fiscal year is attached hereto as Exhibit "A" and made a part hereof for all purposes. That all of such encumbrances, totaling $434,143.13 of general fund encumbrances, $46,876.00 of utility fund encumbrances, and $13,638.43 sanitation fund encumbrances be, and the same are hereby, approved and carried forward into and made a part of the 1998-99 fiscal year budget of the City. SECTION 2. That a general fund appropriation in the amount of $1,808,000.00 and a utility fund appropriation in the amount of $1,596,000.00 are hereby made to be designated for the capital projects fund, and to used for the projects listed in Exhibit "B" attached hereto and made a 16316 part hereof for all purposes. That Ordinance No. 98/27 be, and the same is hereby amended so as to give effect to such appropriations and the City Manager is directed to transfer such funds from the general fund and utility fund respectively to the capital projects fund. 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 3rd day of November, 1998. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 02-23-98) CITY SECRETARY 16316 ACCOUNT NUMBER CITY OF UNIVERSITY P/~RK ENCUMBRANCES TO BE CARRIED FORWARD AT 9/30/98 ACCOUNTDESCRIPTION ,1998-99 ENCUMBR. CARRYFWD. EXHIBIT "A" VENDORS GENERALFUNDENCUMBRANCES FINANCE DEPARTMENT 01 - 03 - 9200 MIDRANGE COMPUTER EQUIP TOTAL FINANCE DEPT. HUMAN RESOURCES DEPARTMENT 3,976.00 3,976.00 01 - 04 - 9201 MICRO COMPUTER EQUIPMENT TOTAL HUMAN RESOURCES 2,500.00 2,500.00 INFORMATION SERVICES DEPT. 01-05 -3063 01-05 -4120 01-05 -7202 01-05 -9200 01-05 -9201 01-05 -9201 01-05 -9201 01-05 -9202 P ROG RAMM lNG/MAINTENANCE TELEPHONE SERVICE MICRO COMPUTER SOFTWARE MID RANGE COMPUTER EQUIP MICRO COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT MICRO COMPUT. ER EQUIPMENT MID RANGE COMPUTER PROGR. TOTAL INFORMATION SVCS. DEPT. 4,500.00 8,951.45 41,000.00 59,897.40 3,597.00 43,433.00 2,500.00 35,000.00 198,878.85 LEGAL DEPARTMENT 01 - 10 - 9200 MID RANGE COMPUTER EQUIP TOTAL LEGAL DEPARTMENT 1,988.00 1,988.00 BUILDING DEPARTMENT 01 - 19 01 - 19 - 7202 MICRO COMPUTER SOFTWARE - 7240 TUITION & TRAINING TOTAL BUILDING DEPT. 3,398.00 1,000.00 4,398.00 ENGINEERING DEPARTMENT 01 - 20 - 7240 TUITION & TRAINING TOTAL ENGINEERING DEPT. 14,700.00 14,700.00 IBM GE CAPITAL UNITED SYS-LEMIS WEBAMERICA GE CAPITAL IBM KNIGHT SECURITY SYS IBM GE CAPITAL NEW WORLD SYSTEMS COMPUTER PRODUCTS IMPACT RESOURCES INTERGRAPH CORP INTERGRAPH CORP TRAFFIC DEPARTMENT s:~amdencum.xls ACCOUNT NUMBER ACCOUNT DESCRIPTION 1998-99 ENCUMBR. CARRYFWD. VENDORS 01-25 -235O 01-25 -3060 SUPPLIES & MATERIALS PROFESSIONAL SERVICES TOTAL TRAFFIC DEPT. 01-35 -235O 01-35 -3115 01-35 -3115 01-35 -3115 01-35 -3115 01-35 -6250 01-35 -9110 01-35 -9950 01-35 -9950 01-35 -9950 01-35 -9962 01-35 -9962 TOTAL 01 - 40 01 - 40 01 - 40 01 - 50 01 - 50 01 - 5O 01 - 5O FACILITY MAINTENANCE DEPT 1,680.00 CENTERLINE SUPPLY 689.50 CUMMINGS & PEWITT 2,369.50 SUPPLIES & MATERIALS CONTRACT MAINTENANCE CONTRACT MAINTENANCE CONTRACT MAINTENANCE CONTRACT MAINTENANCE FACILITY MAINT & REPAIR RADIO EQUIPMENT REMODELING PROJECTS REMODELING PROJECTS REMODELING PROJECTS 4,128.36 1,053.64 1,400.00 2,400.00 3,955.00 824.00 1,090.00 AMERICAN TILE SUPPLY DOVER'ELEVATOR LADEW FIRE PROTECTIOt JOHNSON CONTROL IKON OFFICE SOLUTIONS ROUSE, PASSMORE, ASS( MOTOROLA CONSTRUCTION START-UP CONSTRUCTION START-UP 29,888.00 17,055.00 28,108.41 GRINNELL FIRE PROTECT LATHAM ROOF BAILEY CONSTRUCTION FACILITY MAINT. DEPT. 1,042.60 8,000.00 W.W. CANNON W.W. CANNON FIRE DEPARTMENT 98,945.01 - 2350 SUPPLIES & MATERIALS - 2350 SUPPLIES & MATERIALS - 6330 RADIO SERVICE TOTAL FIRE DEPT. POLICE DEPARTMENT -3075 -3075 -3075 -3O75 339.00 425.00 2,530.00 3,294.00 DIRECT ALARM MONITORING DIRECT ALARM MONITORING DIRECT ALARM MONITORING DIRECT ALARM MONITORING TOTAL POLICE DEPT. 01-70 -2381 01-70 -3060 01-70 -6200 01-70 -6205 01-70 -6205 01-70 -6205 s:~mdencum.xls PARK DEPARTMENT 13,040.00 61,014.00 722.58 950.00 75,726.58 FERTILIZER, CHEMICALS & SUPPLIES PROFESSIONAL SERVICES EQUIP. REPAIRS/NON VEHICLE PARK FACILITY REPAIR PARK FACILITY REPAIR PARK FACILITY REPAIR 470.0O 7,334.21 600.00 77O.0O 810.00 2,220.00 AIR CLEANING TECH STAPLES INC. MOTOROLA MARTIN SECURITY KNIGHT SECURITY SYS CRAIG COMMUNICATION GE CAPITAL EUBANKS TRUCKING LAWNS OF DALLAS CONCRETE PENETRATINJ, A&M RENTAFENCE AMERICAN GRASS CORP DALWORTH CARPET CLEi ACCOUNT NUMBER ACCOUNT DESCRIPTION 1998-99 ENCUMBR. CARRYFWD. VENDORS 01-70 -6380 01-70 -6380 01-70 -6380 01-70 -6380 01-70 -6380 01-70 -6380 FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS 01 4 70 - 9201 MICRO COMPUTER EQUIP TOTALPARK DEPARTMENT TOTAL GENERAL FUND ENCUMBRANCES 9/30/98 UTILITY FUND ENCUMBRANCES 1,289.48 50.00 4,622.50 2,151.00 600.00 450.00 6,000.00 27,367.19 434,143.13 UTILITY OFFICE 02 - 21 - 9200 MID RANGE COMPUTER EQUIP TOTAL UTILITY OFFICE UTILITIES DEPARTMENT 2,425.00 2,425.00 02-22 -3060 02-22 -6355 02-22 -9730 PROFESSIONAL SERVICES UTILITY MAIN MAINTENANCE HEAVY DUTY EQUIPMENT TOTAL UTILITIES DEPT. EXPENDITURES TOTAL UTILITY FUND ENCUMBRANCES 40,000.00 805.00 3,646.00 44,451.00 46,876.00 SANITATION DEPARTMENT 04- 60 - 7601 HAZARDOUS WASTE SERVICE TOTAL SANITATION FUND 13,638.43 13,638.43 NORTH HAVEN GARDE~ GREEN LAKE NURSERY NORTEX NURSERY CORNELIUS BULB KENNEDY ARBOR Y-C NURSERY GE CAPITAL RADIX CORP IMPACT RESOURCES STM EQUIPMENT MOTOROLA COUN-f-Y CLERK s:~amdencum.xls 3 11/02/98 17:02 '~'2~.49875399 __ CITY UNIV PARK ~ RO~ DILLAR__D. .___.~003/003 EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY§9 BUDGETED CAPITAL PROJECTS BY FUND A CCT NO DESCRIPTION FUND GENERAL UTILITY PROJ NO PROJECT NAME 01-02-7153 01-80-6371 01-80-9582 01-80-9800 02-22-6365 02-22-9801 02-22-9990 TRANSFER FROM EXEC. DEPT REPAVING OUTSIDE CONTRACT CURB AND GUTTER ALLEY REPLACEMENT PROJ. FIRE HYDRANT/LINE INSTALL LINE REPLACEMENT PROJ INFRASTRUCTURE TOTAL BOTHFUNDS 550,000 49910 460,000 42660 500,OG0 42960 298,000 4.9930 120,000 44150 1,400,000 49930 76,000 44440 1,808,000 1,596,000 3,404,000 GENERAL FUND PROJECTS ASPHALT OVERLAY PROGRAM FY99 CURB & GUTTER REPLACE. FY99 MILE-PER-YEAR PROJECTS FIRE HYDRANT INSTALL. FY99 MILE-PER-YEAR PROJECTS SMU 12" WATER LINE FY99AMNO, XL$ FY99 PROJECT~ 11/2/98 NOU 02 ' 91~ 17:09 2149E~75399 PAGE. 03 ORDINANCE NO. 9 8 / 3 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING ON THE WEST SIDE OF HILLCREST FROM THE POINT OF ITS INTERSECTION WITH DANIEL TO THE POINT OF ITS INTERSECTION WITH ROSEDALE (6600 BLOCK) TO NOT LONGER THAN 15 MINUTES; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the high volume of traffic for the businesses located on Hillcrest requires a limitation on the length of time for parking; Now, Therefore, 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 any motor vehicle at any time for a period longer than 15 minutes on the west side of Hillcrest from the point of its intersection with Daniel to the point of its intersection with Rosedale (the 6600 block). 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 decided to be invalid, illegal or unconstitutional. 21233 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the day of November, 1998. wo v.o CITY ATTORNEY (RLD/sgb 10-14-98) APPROVED:/j~/t~j.~ MAYOR ATTEST: CITY SECRETARY 21233 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. 9 8 / 3 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO NEXTLINK, TEXAS, INC. (NEXTLINK), TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY IN, UNDER AND ACROSS STREET AND ALLEY RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK FOR THE PURPOSE OF THE INSTALLATION, USE, LEASE, SALE AND MAINTENANCE OF SUBSURFACE CONDUIT AND FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Nextlink, Texas, Inc. (Nextlink), its successors and assigns, hereinafter referred to as Grantee, to occupy, maintain and utilize for the purposes set out herein below, the subsurface space beneath the streets and alleys of University Park, within the limits of dedicated rights-of-way of said streets and alleys. SECTION 2. That this License is granted for a term of ten (10) years unless sooner terminated according to other terms and provisions herein contained. This License may be renewed by Grantee for two additional five (5) year terms, provided Grantee gives two (2) years' written notice to the City, subject to Council approval. Grantee shall pay the City of University Park a one- time administrative fee of $2,000 with each renewal. SECTION 3. That Grantee shall pay in Year 1 a one-time sum of One Dollar ($1.00) per linear foot of installation of new communication facilities, or $2,000, whichever is greater, and beginning in Year 2 and for the years thereafter during the term hereof, the Grantee shall pay an annual administrative fee of Two Thousand Dollars ($2,000). The one-time fee is due and payable upon the final passage of this ordinance. Grantee shall also pay One Dollar ($1.00) per linear foot (one-time fee) for installation of any additional new telecommunication facilities, or $500, whichever is greater. Such compensation shall be in addition to and exclusive of the annual fee and any other taxes or special assessments required by law to be paid by the Grantee. All sums payable to the City of University Park hereunder shall be paid to Director of Finance, City of University Park. SECTION 4. That there is hereby granted, subject to the City's prompt receipt of the required monetary compensation, to Nextlink, hereinafter called "Grantee", for a term of ten (10) years plus any renewal, from passage of this revocable license ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand, reconstruct, maintain, sell and lease in, along, across, on, through, and under the public streets, alleys, and rights-of-way of the City of University Park, a Fiber-Optics Telecommunications Network, (the "Network"), which shall be limited to audio, video, data, voice, and signaling communications services. Grantee shall not provide cable services or operate a cable system as defined in the Cable Communications Policy Act of 1992 (47 U.S.C.A. Sec. 521, et. seq., as amended) or as recognized by the Federal Communications Commission (the "FCC") and without first obtaining a separate cable franchise from the City of University Park. This license is granted to Grantee solely for the purposes stated above. This ordinance does not require Grantee to provide ubiquitous service throughout the entire city as a public service provider. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All facilities of the Grantee shall be designed and installed within City rights-of-way in accordance with the applicable City Codes and ordinances and the requirements for right-of-way/easement construction. All portions of the Network and any other facilities installed or maintained by the Grantee shall be placed underground. The Grantee shall submit to the Director of Public Works detailed construction plans of all facilities to be installed within the City streets and alley rights-of-way, not less than ten (10) days prior to the commencement of said construction. The Director of Public Works shall review said plans and may require reasonable modifications in order to protect existing or anticipated public improvements or utilities. The Grantee shall then cause the appropriate public records to be modified so that other property owners or engineers investigating improvements within the rights-of-way will be notified of the location of such improvements. Any request for expansion may be denied by the City when, in the opinion of the Director of Public Works, there is insufficient room in the City rights-of-way to accommodate the expansion. The determination of the Director of Public Works shall be final. (b) The location and route of all conduits, fiber, cables and facilities placed and constructed by the Grantee in the construction and maintenance of the Network within the rights-of-way of City shall be subject to the lawful, reasonable and proper control and direction of the City. (c) In the event the construction or maintenance of the Network requires the temporary closing of a traffic lane or lanes, the Grantee shall notify the Director of Public Works not less than three (3) days prior to the construction or maintenance. The Director of Public Works may require the submittal of a traffic control plan (including, but not limited to barricades, signs, and solar-powered electronic 19919 (d) (e) (g) (h) message boards), and may also require that all lanes be open and available to traffic during peak traffic hours. This paragraph shall not apply to emergency repairs. The Grantee shall conduct all traffic control in accordance with the latest version of the Texas Uniform Manual of Traffic Control Devices, as it may be amended from time to time. The Grantee shall obtain a permit from the Engineering Department of the City prior to commencing any construction, reconstruction or maintenance. Nothing contained in this ordinance shall obligate or restrict the Grantee in exercising its rights voluntarily to enter into joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. The surface of any public street, avenue, highway, alley, sidewalk, parkway or landscaped area disturbed by the Grantee in the construction or maintenance of the Network shall be restored to the satisfaction of the Director of Public Works within forty-eight (48) hours after the completion of the work. Should the City reasonably determine, within one (1) year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work, the Grantee shall perform such additional restoration work to the reasonable satisfaction of the City. No public avenue, highway, alley, sidewalk, parkway or landscaped area shall be encumbered for a longer period than shall be reasonably necessary to execute all work. The City and the Grantee shall use all reasonable caution to avoid disturbing the facilities of the other party, but shall never charge the other entity for damages that result from accidental damage that occurs as a result of routine construction or maintenance activities unless such damage is caused by the gross negligence or willful misconduct of the other party. Upon request of the City, Grantee shall remove and abate any portion of the network or any facility that is dangerous to life or property, and in case Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Grantee, all without compensation or liability for damages to Grantee. Grantee shall promptly restore the public streets, alleys, rights-of-way to as good a condition as before commencement of the work, to the reasonable satisfaction of the Director of Public Works. Grantee shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of its network. 19919 SECTION 6. That this License is granted subject to the following further conditions, terms and reservations: (a) That at such time as this License is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City, acting through its City Manager, shall remove all installations, improvements and appurtenances owned by it, situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this License, Grantee shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by the City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City be liable to Grantee on account thereof. (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the license area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than one hundred eighty (180) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City one hundred eighty (180) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at Grantee's expense. Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above. All work shall be done at the sole cost of Grantee and to the reasonable satisfaction of the City Manager of the City, or his designee. (c) It is further understood that if and when the City of University Park, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of Grantee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements thereon, shall be made at the sole expense of Grantee and to the satisfaction of the Director of Public Works of the City of University Park. 19919 4 (d) INSURANCE. (1) Grantee shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. (2) Subject to Grantee's right to maintain reasonable deductibles in such amounts as are approved by the City, Grantee shall obtain and maintain in full force and effect for the duration of this license, and any extension or renewal thereof, at Grantee's sole expense, insurance policy coverage in the following type and minimum amounts: Worker's Compensation and Employer's Statutory Liability $100,000/500,000/100,000 Bo Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 per occurrence or its equivalent (iii) Products/Completed Operations (iv) Personal Injury (v) Contractual liability (vi) Explosion, collapse, and underground property damage 19919 (3) (4) Comprehensive Automobile Insurance coverage for loading and unloading hazards, for: (i) Owned/Leased automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Non-Owned Automobiles Combined Single Limit for Bodily Injury and Property Damage Liability - $1,000,000 per occurrence or its equivalent (iii) Hired Automobiles Do Unless otherwise provided, the minimum coverage shall be: $1,000,000.00 - Bodily Injury or Death, Per Occurrence $1,000,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following required provisions: Name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; B° Provide for forty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. Provide for notice to the City Secretary by certified mail; and Do Provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the Indemnity, Section 6(f) of this license ordinance, shall be 19919 underwritten by contractual coverage sufficient to include such obligations within applicable policies. (5) The insurance policies obtained by Grantee in compliance with this Section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. (6) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. (7) The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. (8) Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry said insurance at its expense, and shall furnish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. (e) This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. 19919 As a condition hereof, Grantee agrees and is bound to indemnify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, lease, sale, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its fiber optic communications cable or conduit located within public rights-of-way pursuant to this license that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility installed within said rights-of-way, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any such installation, natural causes, or any other cause. (g) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner to interfere with the operation of any utilities and communication facilities. All and any communication companies and utilities, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area, and all communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the said licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within 19919 six (6) months after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the City Manager, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Grantee fail to obtain prior approval for assignment of this license or fail to provide the City of University Park with the required written acceptance and a copy of the assignment, the City Manager may tmxninate this license. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. SECTION 11. That this ordinance shall take effect 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 this the 18th day of November, 1998. APPROVED:/j~U~_~ MAYOR VED S CITY ATTORNEY (RLD, 11-16-98) DULY RECORDED: CITY SECRETARY 19919 ORDINANCE NO. 9 8 / 3 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR PRESTON CENTER PLAZA, BY AUTHORIZING NEW SIGNAGE FOR BACHENDORF'S JEWELERS, 8400 PRESTON ROAD; 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 amendment of Ordinance No. 90/6, the Special Sign District for Preston Center Plaza, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such Special Sign District should be amended as requested; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/6, a Special Sign District for Preston Center Plaza, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interest of the City of University Park. The City Council therefore hereby determines that Ordinance No. 90/6, the Special Sign District for 21167 Preston Center Plaza, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That the signage for the Bachendorf's Jewelers, 8400 Preston Road, shall be permitted as shown on the attached Exhibits "A", "B", "C" and "D" attached hereto and made part hereof for all purposes, subject to the following special conditions for such signage, to wit: A. The signs on the building west and south elevations shall comply the construction specifications set out in Exhibit "C". B. No lettering shall be permitted on any of the awnings (valences) on the building at 8400 Preston Road. C. The signs on the west elevation, the Bachendorf's channel letters and logo shall not exceed eighty-eight and one-half square feet in total area. D. The sign on the south elevation, Exhibit "B", shall be a maximum of 24 "high channel letters. E. The projecting clock at the southwest comer of the building shall be constructed at the height shown on Exhibit "B", with the dimensions shown on Exhibit "D". SECTION 3. That all ordinances of the City of University Park, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any word, clause, phrase or section of this ordinance be sentence, paragraph, subdivision, adjudged or held to be void or 21167 unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance which shall remain in full force and effect. 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 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 6. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 18th day of CITY ATTORNEY (RLD/sb 11-2-98) November , 1998 APPROVED: MAYOR ATTEST: CITY SECRETARY (/ 21167 13'-2' III I!! ~ul 08 ~8 OulLO8-98 03:01P 59 Bock Compan~ (al'l-) 69~- 1 1 17 P-O1 A 61A55 Bezel [,m-~/,r' o.~.) N ROLEX Cost Alum, Header Ro;sed Alum Letter;ng Cost Alum Bracket LASER '=""'"'-' M:~ES~ES- 1964.OwC -/-I'T-L (~ 63A36 Corner Mount Clock e40 ~/2" Adaptor Cost Alum Saddle Rolsed Alum Letler;n9 EXHIBIT ORDINANCE NO. 9 8/3 8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A ZONING CHANGE FROM D-2 DUPLEX DISTRICT TO SF-A SINGLE FAMILY ATTACHED DISTRICT ON LOT 1 OF BLOCK 78, UNIVERSITY HEIGHTS NO. 6 ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE COMMONLY KNOWN AS 4032 CENTENARY DRIVE; 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 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 granting a change of zoning from D-2 Duplex District to SF-A Single Family Attached District on the property described as Lot 1 of Block 78, University Heights No. 6 Addition to the City of University Park, more commonly known as 4032 Centenary Drive, University Park, Dallas County, Texas, subject to the condition that a seven (7') foot side yard be maintained between any structure on the property and the east property line. SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be, and .. 18608 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 or the Comprehensive Zoning Ordinance, as amended hereby, 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 of provision thereof other than the part 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 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 stun 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. That 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 8th day of December, 1998. 18608 ~'~ APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD 11/19/98) 18608 ORDINANCE NO. 9 8 / 3 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING FOR TWO PARKING SPACES ON THE SOUTH SIDE OF THE 3400 BLOCK OF MCFARLIN ADJACENT TO THE ALLEY WEST OF HILLCREST TO NOT LONGER THAN FIFTEEN (15) MINUTES; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the high volume of traffic for the business located on the south side of the 3400 block of McFarlin requires a limitation on the length of time for parking in the two spaces adjacent to the alley west of Hillcrest; Now, Therefore, 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 any motor vehicle at any time for a period longer than fifteen (15) minutes on the south side of McFarlin in the two spaces adjacent to the alley west of Hillcrest, specifically shown in the diagram attached hereto as Exhibit "A". 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 soxne shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 21233 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 8th day of December, 1998. APPROVED: MAYOR CITY ATTORNEY (RLD/sgb 11-20-98) ATTEST: CITY SECRETARY 21233 11/20/98 FRI 10:~4 FAX 214 957 ~499 II UNIVERSITY PARK ~]002 NOU 20 '98 09:d6 21d 989 $d99 PAGE.02 ORDINANCE NO. 98/4 0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO TIW~ CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT SUCH RATE WlTmN LEGAL LIMITS, AS THE ACTUARY ANNUALLY DETERMINES IS REQUIRED TO FUND W1THIN A PERIOD OF TWENTY-FIVE YEARS FROM THE MOST RECENT VALUATION DATE, THE COSTS OF EMPLOYEE BENEFITS PAYABLE FROM, OR CHARGEABLE TO, THE CITY'S SAIl) ACCOUNT IN SAIl) FUND. WHEREAS, the City of University Park is a participating municipality in the Texas Municipal Retirement System, and has heretofore undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the 'WlVlRS Act"); and WHEREAS, the acttmry for the System has determined that the City cannot fund the existing level of such benefits as are chargeable to its account in the Municipal Accumulation Fund of the System, within a par/od of twenty-five years from the latest actuarial valuation date by contributions at the present maximum rate allowed by Sections 855.407(a) and 855.501, of the TMRS Act; BE IT ORD IN D BY THE CITY COUNCIL OF UNIVERSITY PARK, TEXAS: Section 1. Pursuant to Section 855.407(f), of the TMRS Act, the City hereby elects to make normal and prior service contrbufions to its account in the municipal accumulation fund of the System at such combined maximum rate, not exceeding 13.64% of the total compensation paid by the City to employees who are members of the System, which the System's actuary has determined as the rate necessary to fund, within a period of twenty-five years from the latest actuarial valuation date, the costs of all benefits heretofore undertaken to be provided by the City and which are chargeable to or are to be paid out of the City's account in said accumulation func[ Section 2. The provisions of the ordinance shall become effective on January 1, 1999 and shall expire on December 31, 1999. DULY PASSED by the City Council of the City of University Park, Texas, on the 8th da~ December, 1998, /I APPROVE~.-~/ MAYOR CITY ATTORNEY ATTEST: CITY SECRETARY / ORDINANCE NO. 9 9 / 1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3500 BLOCK OF AMHERST, ON THE EAST SIDE OF THACKERY FROM LOVERS LANE TO AMHERST, AND ON THE WEST SIDE OF DICKENS FROM LOVERS LANE TO AMHERST FROM 7:30 A.M. TO 9:00 A.M. AND FROM 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; PROVIDING EXCEPTIONS FOR THE TEMPORARY STOPPAGE FOR THE DROP OFF OR PICK-UP OF PASSENGERS; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle at any time on the south side of the 3500 Block of Amherst, on the east side of Thackery from Lovers Lane to Amherst, and on the west side of Dickens from Lovers Lane to Amherst between the hours of 7:30 a.m. to 9:00 a.m. and 2:30 p.m. to 4:00 p.m. on school days. SECTION 2. It shall be a defense to this ordinance that such person was temporarily stopped for the drop-off or pick-up of passengers at such location, provided that the person did not at any time leave the motor vehicle unattended by a licensed driver. SECTION 3. That all provisions of Ordinance No. 97-28 and all other 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. 13785 SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 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 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 6. That 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 restriction set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 2 day of January ,19 99 APPROVED AS TO FORM: CITY ATTORNEY (RLD/12-31-98) MAYOR ATTEST: CITY SECRETARY 13785 ORDINANCE NO. 9 9 / 2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 94/10, A SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY, BY AUTHORIZING NEW SIGNAGE FOR TEMPORARY CONSTRUCTION IN CONNECTION WITH FORD STADIUM; 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 amendment of Ordinance No. 94/10, the special sign district for Southem Methodist University, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. That the Urban Design and Development Advisory Committee has considered a request for amendment of ordinance No. 94/10, as heretofore amended, which granted a special sign district for Southem Methodist University, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interests of the City of University Park. The City Council therefore hereby determines that ordinance No. 94/10, the special sign district for Southem Methodist University, as heretofore 17239 amended, should be further amended to permit the temporary construction sign described in the following section. SECTION 2. That the temporary construction sign as shown on the attached Exhibits "A" and "B" attached hereto and made part hereof for all purposes, be permitted under the conditions stated herein. That the construction specifications contained in Exhibit "A" attached hereto and made part hereof for all purposes be, and the same are hereby, adopted and incorporated herein as special conditions for such signage. That as a further special condition to the granting of this amendment, this temporary construction sign shall be removed prior to the issuance of a Certificate of Occupancy for the Gerald J. Ford Stadium upon its completion. SECTION 3. That any provision of Ordinance No. 94/10, as heretofore amended, in conflict with the provisions of this ordinance with regard to the temporary construction sign on the northwest comer of Airline and Mockingbird, and all other ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That except as amended hereby, ordinance No. 94/10, as heretofore amended, shall remain in full force and effect as the special sign district for Southern Methodist University. 17239 SECTION 5. That should any word, 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 of provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or the terms 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 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 7. That 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 2 nd day of CITY ATTORNEY (RLD/1-20-99) February , 1999. MAYOR ATTEST: CITY SECRETARY 17239 1 1/2" Angle iron welded to piles 1/2" Marine Duraply 14'-0" 'L Logo Detail * Colors as per specifications provided IThLsdrawingisthepr°perty°fPlan°Signs ] (972) oSII~'AIIIITS I' t~-CL~E~"-''' 3/8" DATElO1/a2/985ALESMAIi: M. Benn ~.~_~o, ~.,..,o~u~ o,~.~ ~,o~ PLAN . authorization from Piano Signs. 601 J Place, #300 Primary cimuit to sign and connection la by Piano, Texas 75074 ot,.rs and... ,.. o,,~ a~.~ng o. pro,os-'. 578-1233 Fax 422-7665. ORDINANCE NO. 9 9 / 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/28, SPECIAL SIGN DISTRICT FOR PARK CITIES PLAZA; 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 amendment of Ordinance No. 90/28, the Special Sign District for Park Cities Plaza, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such Special Sign District should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Urban Design and Development Advisory Committee has considered a request for amendment of Ordinance No. 90/28, as heretofore amended, which granted a special sign district for Park Cities Plaza, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interest of the City of University Park. The City Council therefore hereby determines that Ordinance No. 90/28, the Special Sign District for Park Cities Plaza, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That the signage for La Madeleine Bakery & Cafe in Park Cities Plaza shall be permitted as shown on Exhibit "A" for the west and south elevations. That the construction 18602 specifications stated therein are hereby adopted and incorporated herein as special conditions for such signage. That the renderings for the signage for La Madeleine attached hereto as Exhibit "B" are incorporated herein and adopted. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance, 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, as amended hereby, 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 of provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the ordinances of the City of University Park as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance, as amended hereby, shall be subject to the same penalty as provided for in the 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 6. That 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. 18602 specifications stated therein are hereby adopted and incorporated herein as special conditions for such signage. That the renderings for the signage for La Madeleine attached hereto as Exhibit "B" are incorporated herein and adopted. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance, 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, as amended hereby, 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 of provision thereof other than the part decided to be invalid, illegal or unconstitutional, and the same shall not effect the validity of the ordinances of the City of University Park as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance, as amended hereby, shall be subject to the same penalty as provided for in the 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 6. That 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. 18602 DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of February, 1999. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: r'-'-,, CITY ATTORNEY (RLD/1-26-99) 18602 ORDINANCE NO. 9 9 / 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE 3.600 TO PROHIBIT THE USE OF PARKWAYS FOR INSET OR PARKWAY PARKING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the allowance of inset or parkway parking creates a potential traffic hazard and impedes surface drainage in residential areas; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Article 3.600, of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a subsection (c), which said subsection shall read as follows: "ARTICLE 3.600 CIRCULAR DRIVEWAYS, PARKING SPACE, AND PARKWAY REQUIREMENTS (c) In residential districts, the area between the sidewalk or property line and the curb line of the adjacem street shall not be used for parking or constructed for inset or parkway parking, provided however, that any inset or parkway parking currently constructed in the City may be maintained in good repair by the owner of the adjacent private property. The term "parkway" as used in this Article shall mean the landscaped area in the City right-of-way between the edge of the pedestrian sidewalk or property line and the back of the curb of the adjacent street." 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 21711 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 or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 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, onthe 2nd day of February , 1999. Mayor ATTEST: City Secretary cITy ATTORI~EY * -- ~ (RLD/sgb 1/20/99) 21711 ORDINANCE NO. 9 9 / 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 1998-99 FISCAL YEAR BUDGET, ORDINANCE NO. 98/26, TO TRANSFER $392,230 FROM THE GENERAL FUND AND $958,500 FROM THE UTILITY FUND TO 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 amend Ordinance No. 98/26, the 1998-99 fiscal year budget, for City purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 98/26, the 1998-99 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended by transferring $392,230 from the general fund unreserved fund balance and $958,500 from the utility fund unreserved fund balance to the capital projects fund. SECTION 2. That this Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of February, 1999. . -nm'}tOWD AS CITY ATTORNEY (RLD/1-28-99) MAYOR ATTEST: CITY SECRETARY 17285 ORDINANCE NO. 99/6 AN ORDINANCE APPROVING RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. On January 15, 1999, Texas Utilities Electric Company (hereinafter referred to as "TU Electric") fried with the City Council of the City of University Park a Statement of Intent and Application to implement within the corporate limits of the City proposed new rate schedules that provide additional rate options for its customers, which options are entirely voluntary on the part of the customer, namely its proposed Rate GTU- M-General Service Time-of-Use-Municipality, proposed Rate TRU1-M-Residential Time- of-Use Service-Municipality, and proposed Rate GTUC-M-General Service Time-of-Use Voluntary Curtailable-Municipality (Said three proposed new rate schedules hereinafter collectively referred to as the "Time-of-Use Rate Schedules"). SECTION 2. The Time-of-Use Rate Schedules are hereby approved, and TU Electric is authorized to render service and to collect charges as specified in the Time-of- Use Rate Schedules from its customers electing to receive electric service under said Time- of-Use Rate Schedules within the corporate limits of this municipality until such time as said rate schedules may be changed, modified, amended or withdrawn with the approval of the City Council of the City of University Park. SECTION 3. The Time-of-Use Rate Schedules herein approved shall be effective from and after the final passage and approval of this Ordinance. SECTION 4. The filing of said Time-of-Use Rate Schedules shall constitute notice to the consumers of electricity within the City of University Park of the availability and application of such Time-of-Use Rate Schedules. SECTION 5. TU Electric shall not seek any additional rate or surcharge mechanism to recover any revenues lost on account of the application of these time-of-use rates, and there shall be no imputed revenues on account of any reduction in TU Electric's revenues that may result from the application of these time-of-use rates. SECTION 6. The rate reductions approved by the Public Utility Commission of Texas in Docket No. 18490 shall be applied to the time-of-use rates approved herein, such that Rider RRD shall be applicable to Rate TRU1-M, Rider GSRD shall be applied to all customers taking secondary service under either Rate GTU-M designated as GTU-M-SEC or under Rate GTUC-M designated as GTUC-M-SEC, and Rider RD shall be applied to all other customers on Rate GTU-M or Rate GTUC-M. SECTION 7. In its next general base rate case in which the time-of-use rates herein approved are at issue, TU Electric will either (a) include all customers taking service under Rate GTUC or GTUC-M during the test year involved in such base rate case as a separate rate class in its cost allocation study, or (b) include in its cost allocation study the load and revenue data during the test year involved in such base rate case with the load and revenue data of the rate class applicable to such GTUC or GTUC-M customer immediately prior to such customer's taking service under Rate GTUC or GTUC-M. In the event, however, that industry restructuring is mandated by legislative changes prior to the time that TU Electric has another general base rate case and such legislation authorizes the recovery by TU Electric of any stranded costs from its various customer classes in accordance with its last approved cost of service study, the customers then receiving service under the time-of-use rates will be included in the customer classes reflected in TU Electric's most recent cost of service study as follows: (A) Customers on Rate TRU 1-M shall be included in Rate Class RTU; Customer on Rate GTU-M shall be included in Rate Class HV, GP, or GS, depending upon the voltage level of the service, such that customers on Rate GTU-M receiving service at high voltages shall be included in Rate Class }IV, customers receiving service at primary distribution voltages shall be included in Rate Class GP, and customers receiving service at secondary distribution voltages shall be included in Rate Class GS; and (c) Customers on Rate GTUC-M shall be included in Rate Class NI (Noticed Interruptible) depending upon the voltage level of the service, such that customers on Rate GTUC-M receiving service at high voltages shall be included in Rate Class NI (High Voltage), customers on Rate GTUC-M receiving service at primary distribution voltages shall be included in Rate NI (Primary), and Customers on Rate GTUC-M receiving service at secondary distribution voltages shall be included in Rate NI (Secondary). SECTION 8. Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner the fight and power of the City Council of the City of University Park under the law to regulate the rates, operations, and services of TU Electric. SECTION 9. It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public and as required by law and that public notice of the time, place, and purpose of said meeting was given as required. PASSED AND APPROVED by the City Council of the City of University Park, Texas, on this the 17th day of February, 1999. APPROVED: Mayor Harold Peek APPROVED AS TO FORM:r--..` City Attorney Rob Dillard ATTEST: City Secretary Bobbie H. Sharp ORDINANCE NO. 9 9 / 7 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 SECTION 3.103, AMENDMENTS TO THE BUILDING CODE, SECTION 4409, TO CONTROL DUST DURING THE DEMOLITION OF ANY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED ($500.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the demolishing of any building within the City creates dust which is carried beyond the borders of the property where the work is being performed and interferes with the reasonable enjoyment of other property in the neighborhood; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, Article 3.100, of the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 3.103 to add subsection (22A) to amend Section 4409 of the Uniform Building Code, which said subsection shall read as follows: "(22A) Section 4409 is amended to read as follows: Section 4409. The work of demolishing any building shall not be commenced until the required pedestrian protection structures and dust control procedures are in place. The Building Official may require the permittee to submit plans and a complete schedule for demolition and dust control measures. Where such measures are required, no work shall be done until such plans or schedule, or both, are approved by the Building Official. The permittee shall take all reasonable precautions to prevent dust from becoming airborne at and near the demolition site. The permittee shall provide for the use of water for dust suppression on the demolition site so as to prevent a public nuisance, health hazard or safety hazard." 23429 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 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 or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person, firm or corporation violating any of the provisions of the Code of Ordinances as amended hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be subject to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every day 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, onthe 17th day of February ,1999. 23429 APPROVED: Mayor ATTEST: City Secretary ~P_PROVED AS TQ FORM[~ CITY ATTORNEY (RLD/sgb 1/26/99) ORDINANCE NO. 9 9 / 8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING A TWO HOUR PARKING LIMIT ON THE NORTH SIDE OF THE 4100 BLOCK OF SAN CARLOS FROM PRESTON ROAD TO A POINT 245 FEET WEST OF PRESTON AND ON THE SOUTH SIDE OF SAN CARLOS FROM PRESTON ROAD TO A POINT 310 FEET WEST OF PRESTON, MONDAY THROUGH FRIDAY, FROM 8:00 A.M. TO 5:00 P.M.; PROVIDING FOR THE ERECTION OF 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 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 tmlawfi.fl and an offense for any person to leave, stand or park any motor vehicle in excess of two hours on the north side of the 4100 block of San Carlos from Preston Road to a point 245 feet west of Preston Road and on the south side of San Carlos from Preston Road to a point 310 feet west of Preston Road between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. 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. 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 any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 23449 SECTION 4. 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 frae not to exceed the sum of Two Hundred ($200.00) dollars for each offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. The parking restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of February, 1999. Mayor ATTEST: f~ City Secretary /~PI~OVED,$S T~},,FO~: [ 1 CITY ATTORNEY (RLD/sgb 1/26/99) 23449 ORDINANCE NO. 9 9 / 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LIMITING PARKING ON THE EAST SIDE OF THE 7100 BLOCK OF LOMO ALTO IN THE FIRST SIX PARKING SPACES NORTH OF LOVERS LANE TO NOT MORE THAN TWO HOURS; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle in excess of two hours in the first six (6) parking spaces north of Lovers Lane on the east side of the 7100 Block of Lomo Alto. 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. 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 decided to be invalid, illegal or unconstitutional. SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. 20694 SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of March, 1999. MAYOR APPROVED AS TO FO,RM: ~ CITY ATTORNEY (RLD 2-25-99) ATTEST: CITY SECRETARY 20694 ORDINANCE NO. 9 9 / 10 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 SECTION 3.103, AMENDMENTS TO THE BUILDING CODE, SECTION 2905(t)(2) (c) and (d) TO REGULATE DRAINAGE AND CONTROL OF RUNOFF WATER; 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, Article 3.100, of the Code of Ordinances, City of University Park, Texas, is hereby amended by amending Section 3.103(18) to amend Section 2905(0(2) (c) and (d) of the Uniform Building Code, which said subsections shall read as follows: "(c) If irregular site topography, use of landscaping, or architectural features such as raised planting beds, retaining walls, fences, or sidewalks prohibit compliance with provisions of this Section, the designer shall provide alternate methods and means as may be approved by the Building Official to assure that the requirements of this Code are met. The drainage plan must be submitted, reviewed, and approved prior to issuance of a building permit and the work must be approved prior to final inspection and occupancy of the structure. (d) A drainage system capable of removing excess surface water, subsurface water, and/or excess moisture shall be provided for all pier and beam foundations exceeding five hundred (500) square feet in area and all basement or below grade construction. The subsurface water drainage system shall be of a type and design as provided by the City of University Park. The designer of the pier and beam foundation system shall include the subsurface drainage system design by reference in plan notes or details on the foundation plan. All subsurface water drainage systems shall be designed and installed on private property in such a manner as to prohibit back flow from surface water by means of grading, check valve, air gap, or other device as may be approved by the Building Official. The drainage system design for a basement or below grade construction shall be such that surface water, subsurface water, and/or moisture is not diverted onto public property or adjacent properties, provided however, such water may be drained through enclosed pipe into the City's storm water drainage system. Exception: Pier and beam foundation systems and basement or below grade construction designed and sealed by a registered professional engineer with design expertise in structural foundation systems may incorporate a design for a foundation drainage system as deemed appropriate." 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 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 or the Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person, firm or corporation violating any of the provisions 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 23395 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 17 tzh day of rqa rch ,1999. APPROV)ED: Mayor ATTEST: City Secretary CITY ATTORNEY ' (RLD/sgb 2/23/99) 23395 ORDINANCE NO. 9 9 / I l AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING A TWO HOUR PARKING LIMIT ON THE NORTH SIDE OF THE 3400 BLOCK OF NORMANDY, FROM HILLCREST TO AUBURNDALE, ON SCHOOL DAYS FROM 8:00 A.M. TO 5:00 P.M.; PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3400 BLOCK OF NORMANDY AND ON THE EAST SIDE OF KEY AVENUE BETWEEN BINKLEY AND GRANADA, ON SCHOOL DAYS FROM 8:00 A.M. TO 5:00 P.M.; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle in excess of two hours on the north side of the 3400 block of Normandy, from Hillcrest to Aubumdale, on school days from 8:00 a.m. to 5:00 p.m. SECTION 2. That it shall be unlawful and an offense for any person to leave, stand, or park any motor vehicle on the south side of the 3400 block of Normandy or on the east side of Key Avenue, between Binldey and Granada, from 8:00 a.m. to 5:00 p.m. on school days. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance, and any ordinance prohibiting parking on the west side of Key Avenue between Binkley and Granada, be, and the same are hereby, repealed. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, 23449 illegal, or invalid, the same shall not affect the validity of this ordinance, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 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 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 6. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of May, 1999. Mayor ATTEST: City Secretary ~kP_PROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 4/28/99) ORDINANCE NO. 9 9 / 12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SECTIONS 8-800 ET SEQ TO PROVIDE FENCING AND WALL REQUIREMENTS; REQUIRING A PERMIT FOR A FENCE; REQUIRING INSPECTION AND MAINTENANCE; PROHIBITING FENCES IN CERTAIN LOCATIONS; PROVIDING HEIGHT RESTRICTIONS; REGULATING SWIMMING POOL ENCLOSURES; REGULATING CONSTRUCTION FENCES; REGULATING TENNIS COURT FENCING; REPEALING CERTAIN SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE AND CODE OF 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 that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by adding new Sections 8-800 et. seq. to read as follows: "8-800 FENCE/WALL REQUIREMENTS The following roles and regulations are applicable to fences and walls in the various zoning districts described herein. 8-801 PERMITTING REQUIREMENTS It shall be unlawful and an offense for any person, firm or corporation to construct a fence, wall, screen, or retaining wall on any lot in the City of University Park without having first obtained a fence permit therefor from the Building Inspection Department. Plans and specifications, the adequacy of which shall be determined 20256 by the building official, must accompany each application for a permit. Any application for a permit for a retaining wall in excess of three feet in height must be accompanied by a detailed drawing of the construction of the wall, signed and sealed by a professional engineer registered in Texas. If the application and the accompanying plans and specifications meet the requirements of the applicable codes and ordinances of the City of University Park, the Building Inspection Department shall issue a permit therefor. All applications for permits under this section shall be reviewed and approved, or disapproved with a statement of the reasons for disapproval, by the authorized building official within ten days after filing, provided the applicant has furnished all necessary applications, plans, specifications and other details required by any applicable law. 8-802 INSPECTION AND MAINTENANCE (1) All fences, walls, screens, or retaining walls must be inspected upon completion by the Building Inspection Department. It shall be the duty of the permit holder to make a request for inspection to the Department within three days after the work has been completed. (2) All fences, walls, screens, or retaining walls constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times. Such structures shall be maintained by the owner or person in charge of the property in as near as possible the same condition as when such structure was erected, and shall be maintained at a minimum as follows: (a) The structure shall not be out of vertical alignment by more than twenty degrees; and (b) All damaged or missing portions of such structure shall be replaced with comparable materials of a color comparable to the remaining portions of such structure. 8-803 MATERIALS (1) Except as otherwise provided herein, fences, walls, screens, or retaining walls may be constructed of wood, masonry, concrete, wrought iron, or chain link. The building official may approve the use of alternative materials, provided that the material offered is at least the equivalent of the above prescribed materials in suitability, strength and durability. The authorized building official shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding use of an alternative material. 20256 (2) No fence, wall, screen, or retaining wall may be constructed of barbed wire, razor ribbon, sheet metal, wire mesh, or any other similar material. No fence, wall, screen, or portion thereof shall be electrically charged. 8-804 PROHIBITED LOCATIONS (1) No fence, wall, screen, retaining wall, or any part thereof shall be constructed upon or caused to protrude over any public property, right-of-way or easement. All fences must be maintained in a vertical plane so as to not overhang or encroach upon any public property, right-of-way or easement. (2) No fence, wall, screen, or retaining wall, or any portion thereof, shall be constructed or allowed to remain in a position which will cause an obstruction or interference with the minimum sight line standards defined in Article 10.2500 of the University Park Code of Ordinances, or constitute a visibility hazard for any street, alley, or sidewalk adjacent thereto. (3) No encroachment on any public property, right-of-way or easement by a fence, wall, screen, or retaining wall, or any portion thereof, shall be allowed except by prior written approval by the City of University Park, with the consent of any public utility or other public or private agency or entity having an interest in or right to use any such public property, right-of-way, or easement. Written approval of all affected public and private entities must be submitted to the building official with the permit application. 8-805 HEIGHT REQUIREMENTS All fence, wall, or screen heights shall be measured vertically from the natural grade on the outside of the fence. Retaining wall height shall be measured from the natural grade of the yard at the bottom of the retaining wall. Fence, wall, screen, or retaining wall heights shall be as stated in this section. 8-806 SINGLE FAMILY, DUPLEX, AND MULTI-FAMILY DWELLING DISTRICT REQUIREMENTS For single-family, duplex and multi-family dwelling districts, the following restrictions shall apply: (1) Rear yard. 20256 (a) Any fence or wall constructed along the rear property line where such property line adjoins an alley easement shall not exceed eight feet in height. (b) Any fence or wall constructed along any rear property line not adjacent to an alley easement shall not exceed seven feet in height. (c) Any fence must be located a minimum of two (2') feet away from the edge of the alley or on the rear property line, whichever is further away from the edge of the alley pavement. (d) A minimum six (6') feet wide by three (3') feet deep "inset" for trash receptacles must be provided on all new fences abutting an alley. (2) Side yard. (a) Where a fence or wall is erected along a side lot line between properties, such fence or wall shall not exceed seven feet in height. Where a fence or wall is erected along a side lot line where such property line adjoins a street right-of-way (comer lot), such fence or wall shall not exceed eight feet in height. (b) Fences or walls erected on sloping ground may be stepped or constructed to adjust to grade, provided the maximum average height shall not exceed seven feet. (See appendix illustration numbers 3a and 3b). (c) Where a fence or wall along a side lot line intersects with a fence or wall along a rear lot line, if the rear fence or wall is higher than the side fence or wall, the side fence or wall may be stepped or angled up to join the rear fence or wall, provided the stepped or angled portion does not exceed five feet in length. (d) Retaining walls may be constructed in the required interior side yard, provided that such structures meet the following height and set back requirements: i. A retaining wall, one foot tall or less, may be placed on the adjacent side property line; ii. A retaining wall exceeding one foot in height shall be set back not less than four feet from the adjacent property line; 20256 iii. A retaining wall exceeding two feet in height shall be set back not less than five feet from the adjacent property line; iv. A retaining wall three feet or greater in height shall be set back not less than six feet from the adjacent property line. (3) From yard Fences or walls shall not be constructed in the from yard, past the from wall of the main structure, except in the following circumstances: (a) Decorative metal fencing and masonry walls not exceeding five feet in height, architecturally attached to the main building and extending not more than six feet into the front yard; (b) Any edging for flower or landscaping beds that does not exceed twelve inches in height; (c) Retaining walls not exceeding two feet in height above the average natural grade of the front yard; (d) Masonry walls not exceeding two feet in height; or, (e) Where specifically authorized by another section of the Comprehensive Zoning Ordinance. 8-807 RETAIL, OFFICE, SHOPPING CENTER, COMMERCIAL, PLANNED DEVELOPMENT, AND UNIVERSITY CAMPUS ZONING DISTRICT REQUIREMENTS For retail, office, shopping center, commercial, planned development, and university campus districts, the following shall apply: (1) Rear yard No fence shall be constructed at a height exceeding seven feet in the rear yard of the property. (2) Side yard 20256 No fence shall be constructed at a height exceeding seven feet in the side yard of the property. (3) From yard No fence shall be constructed in the front yard, past the front wall of the main building. 8-808 SWIMMING POOL ENCLOSURE REGULATIONS Every person in possession of land within the city, either as owner or tenant, upon which a swimming pool, spa, or hot tub is located, shall at all times maintain a fence, wall, or other structure which completely surrounds the swimming pool, spa, or hot tub. Such fence or wall shall meet the following requirements: (1) A minimum six foot tall fence or wall shall completely enclose the swimming pool, spa, or hot tub, and shall have horizontal supporting members located on the inside or pool side of the fence and be designed so as to not allow children to climb such fence or wall. A fence or wall enclosing a swimming pool, spa, or hot tub shall have no openings, other than doors or gates, larger than four square inches. Fences comprised primarily of vertical members (i.e. picket type or wrought iron) shall have no openings between members, measured horizontally, greater than four inches. (2) All gates in a fence or wall enclosing a swimming pool, spa, or hot tub, and leading into the pool, spa, or hot tub area, shall be single type, personnel gates not exceeding forty-eight inches in width and shall be equipped with self-closing and self-latching devices capable of keeping such gates securely closed at all times. Such latching devices shall be designed such that access from the outside is with a keyed lock. Double gates, sliding gates, or automated gates across driveways or parking areas shall not be considered as meeting the requirements of this section. 8-809 CONSTRUCTION FENCES A fence is required around all residential 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 feet and openings therein shall not exceed six square inches (3,871 square 20256 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 ensure the safety of the public, a solid fence shall be required. Temporary construction fences may be removed upon completion of the exterior of the facility and removal of construction debris, prior to final grading of the lot. 8-810 TENNIS COURT FENCING Any portion of a tennis court surface, fence, wall or other appurtenance shall not be located within the required front yard, and any such surface and appurtenances (other than fences or walls) shall be set back a minimum of three feet from the rear property line and any easement. Fences or walls which exceed seven feet in height shall be set back from any side lot line or front building line two feet for every one foot that the fence or wall exceeds seven feet in height, and fences or walls exceeding eight feet in height shall be set back from the rear property line two feet for every one foot that the fence or wall exceeds eight feet in height. (Refer to Section 8-607(2)(d) for specific criteria). 8-811 MUNICIPAL FACILITIES Fences and walls constructed on or around municipal facilities may be constructed in the required front yard and may exceed required heights when deemed necessary for the safety or protection of the facilities." SECTION 2. That the second paragraph of Section 8-603, Section 8-607, and Section 8- 608(1), (2), and (7) of the Comprehensive Zoning Ordinance of the City of University Park are hereby repealed. That Section 3.103 of the University Park Code of Ordinances is hereby amended by deleting the amendment to Section 311 of the Uniform Building Code and any reference to construction fences. That Section 3.702(1), (2), (3), and (4) is hereby repealed. That Article 3.800(f) and (g) of the Code of Ordinances is hereby repealed. That Article 3.1800 of the University Park Code of Ordinances is hereby repealed. That all other ordinances of the City of University Park in conflict with the provisions of this ordinance, the Comprehensive Zoning 20256 Ordinance as amended hereby, or the Code of Ordinances of the City of University Park 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 Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 5. That 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 1 st day of June ,1999. APPROVED: MAYOR 20256 -- CITY ATTORNEY (RLD/6-2-99) ATTEST: CITY SECRETARY 20256 ORDINANCE NO. 9 9 / 13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 1-RETAIL, PD-1-R, BY AMENDING THE APPROVED SITE PLAN FOR LOT 6, BLOCK E, CAMPUS HEIGHTS NO. 1 AND NO. 2 ADDITION OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, COMMONLY KNOWN AS 7031 SNIDER PLAZA, TO PERMIT A BANK WITH DRIVE-THROUGH FACILITIES; 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. WItEREAS, 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by amending Planned Development District No. 1-Retail, PD-1-R, on property described as Lot 6, Block E, Campus Heights No. 1 and No. 2 Addition to the City of University, Dallas County, Texas, commonly known as 7031 Snider Plaza, by approving an amended site plan authorizing enlargement of an existing building and installation of a drive-through banking kiosk. 5205 SECTION 2. That approval of an amended site plan for the above described property and use of the facilities for banking purposes are subject to the following special conditions: a. That the property may only be developed in accordance with the approved site plan attached hereto as Exhibit "A" and made part hereof for all purposes. b. The bank shall require by appropriate signage and direction to its employees that parking on the west end and on the east end shall be "Employee Only" parking. c. No automated teller machine (ATM) may be placed in the kiosk. d. There shall be no exterior trash containers or dumpsters on the site. e. The exit from the kiosk shall be designed so that no exit therefrom may be made by turning to the right. SECTION 3. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject to 5205 the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 6. That 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 1 $ t day of June ., 1999. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/5-26-99) CITY SECRETARY 5205 "EXHIBIT A" E×l.gflN6:i ,Al.I. r ORDINANCE NO. 9 9 / 14 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 APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 20, PD-20, FOR THE UNIVERSITY PARK METHODIST CHURCH PROPERTY AT 4024 CARUTH, UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 be, as heretofore amended, be, and the same is hereby, amended by amending the approved site plan for Planned Development District No. 20, PD-20, on the University Park Methodist Church property commonly known as 4024 Camth, University Park, Dallas County, Texas. That said amended site plan is attached hereto as Exhibit "A" and made a part hereof for all purposes, and is subject to the following additional special conditions: 32915 a. The canopy proposed for the rear of the church building shall be constructed of metal poles and canvas "awning" material. b. The canopy shall be permitted to be maintained for a period of three years from the effective date of this amendment. c. That except as amended hereby, the original site plan and conditions of PD-20 shall remain in full force and effect. SECTION 2. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall ~2915 be punished by a fine not to exceed the stun 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. That 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 1 s t: day of June ,1999. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/5 -26-99) CITY SECRETARY (EXHIBIT "A" ON FILE IN THE BUILDING DEPARTMENT) 32915 ORDINANCE NO. 9 9 / 15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING PLANNED DEVELOPMENT DISTRICT NO. 24; APPROVING A SITE PLAN FOR THE FIRST UNITARIAN CHURCH AT 4015 NORMANDY, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS LOTS 1 & 2, BLOCK B, ST. ANDREWS PLACE, FIRST ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of Planned Development District No. 24 for the First Unitarian Church, on property described as Lots 1 & 2, Block B, St. Andrews Place, First Addition, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 4015 Normandy, University Park, Texas. 26987 SECTION 2. That the detailed site plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. That such site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of Planned Development District No. 23 is subject to the following special conditions: A. Development of the property shall be in accordance with the approved site plan and all provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. B. The Church will limit office use to only the second floor of Building A(formerly the parsonage building); the office space may only be used for Church offices. The first floor of Building A may be used by the Church for meeting space. No part of any building on the property may be rented to any other party. C. The buildings/spaces on the property may be used as follows: 1. Sanctuary of 7,542 square feet for worship services; 2. Chapel of 1,250 square feet for worship and receptions; 3. Offices of 1,323 square feet for offices and classrooms; 4. Fellowship Hall of 4,159 square feet for fellowship and receptions; 5. Library of 846 square feet for library; 6. Education of 7,858 square feet for classrooms and offices; and 7. Building A (Parsonage building) of 1,955 square feet for classrooms and offices. 26987 SECTION 4. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance as amended hereby 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 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 July, 1999. 26987 APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/7-1-99) 26987 0 EXHIBIT "A" NORMANDY AVENUE ST. ANDREWS DRIVE ORDINANCE NO. 9 9 / 16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, SO AS TO GRANT PLANNED DEVELOPMENT DISTRICT NO. 23 FOR THE PROPERTY DESCRIBED AS LOT 1 AND THE WEST 20 FEET OF LOT 2, BLOCK A OF JESTER'S REVISION-SMU HEIGHTS ADDITION OF THE CITY OF UNIVERSITY PARK, AND LOTS 5, 6, 7, AND 8, BLOCK J, OF UNIVERSITY PARK RESUBDIVISION ADDITION-SECOND INSTALLMENT OF THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; APPROVING A DETAILED 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 ($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 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, be, and the same are hereby, amended so as to grant Planned Development District No. 23 for Southem Methodist University on the property described as Lot 1 and the West 20 feet of Lot 2, Block A of Jester's Revision-SMU Heights Addition of the City of University Park, and Lots 5, 6, 7, and 8, Block J, of the University Park Resubdivision Addition-Second Installment of the City of University Park, Dallas County, Texas. 26094 SECTION 2. That the detailed site plan for PD No. 23 for Southem Methodist University, consisting of 5 sheets, attached hereto collectively as Exhibit "A", be, and the same is hereby, approved as the detailed site plan for said Planned Development District as required by Section 22-500 of the Comprehensive Zoning Ordinance of the City of University Park, Texas. That further review of the detailed site plan by the Planning and Zoning Commission be, and the same is hereby, waived. SECTION 3. That the granting of this Planned Development District No. 23 is subject to the following special conditions: a. That the automobile parking garage to be constructed in this Planned Development District will be constructed in accordance with the detailed site plan attached hereto, including the architectural elevations, site plan, landscape plan, and height elevations included therein. b. Incorporated herein by reference and made part hereof for all purposes are the traffic studies and traffic mitigation steps required by the Director of Public Works in connection with this Planned Development District. Southem Methodist University will be responsible for the implementation of mitigation measures recommended by Sverdmp in its "2-13-99 Traffic Analysis for Garage No. 3 and Garage No. 5." However, certain signal improvements at Daniel and Hillcrest may reduce the geometric improvements to the east of the subject intersection, if approved by City staff. The effect of all traffic mitigation improvements will be reviewed with the City Council prior to final acceptance. c. That Southem Methodist University will, prior to issuance of a certificate of occupancy for the parking structure, seek to amend this Planned Development District No. 23 to incorporate therein the parcels on the campus known as Lots E and O. d. That all students, faculty and staff of the Southem Methodist University Law School will be required to purchase parking passes for the parking garage structure or Lots E or O, and that such requirement will be a condition to the continuance of the certificate of occupancy for the parking garage structure. e. That the parking garage structure shall not exceed a height of 35 feet measured from the average natural grade of the property to the top of the parapet wall, provided however, that 26094 the elevator and stairwell towers depicted on the site plan will be allowed to extend an additional six feet in height above the top of the parapet wall. f. Southern Methodist University will be required to replat the property which is the subject of this Planned Development District prior to issuance of a certificate of occupancy for the parking garage. 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 ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance and Map as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the stun of Two Thousand ($2,000.00) dollars for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That 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. 26094 DULY PASSED by the City Council of the City of University Park, Texas, on the 6~ch day of July ,1999. MAYOR APPROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 5/18/99) ATTEST: CITY SECRETARY 26094 ORDINANCE NO. 9 9 / 1 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 3, BLOCK 2, HURSEY ADDITION, MORE COMMONLY KNOWN AS 3421-23 LOVERS LANE, FOR A FENCE SEVEN FEET IN HEIGHT ON THE EAST PROPERTY LINE EXTENDING SIXTEEN FEET BEYOND THE FRONT BUILDING LINE; 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 of University Park be, and the same are hereby, amended so as to grant a Specific Use Permit lbr the property described as Lot 3, Block 2, Hursey Addition, more commonly known as 3421-23 Lovers Lane, to permit construction of a fence to a height of seven feet for a length of approximately sixteen feet in front of the required front building line along the eastern property line abutting Snider Plaza to the east of the residence. 27233 SECTION 2. That the granting of this Specific Use Permit is subject to the following special conditions: A. That the construction and location of the fence shall be in accordance with the site plan submitted with the zoning application and approved hereby; and B. That the fence is to provide protection for the two family dwelling on the property from noise, fumes, and visual clutter generated by the vehicular traffic and commercial property along Lovers Lane and Snider Plaza. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. 27233 SECTION 6. That 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, 1999. APPROVED:/~ta,,,z~ ~ HAROLD PEEK, MAYOR ATTEST: ~ ~TARY BOBBLE SHARP, CITY ATTORNEY (RLD/sgb 7-15-99) 27233 ORDINANCE NO. 9 9 / 18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, PLANNED DEVELOPMENT DISTRICT NO. 15 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE UNIVERSITY PARK ELEMENTARY SCHOOL AT 3505 AMHERST, UNIVERSITY PARK, DALLAS 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 VOLUME 3, PAGE 383 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of an amended site plan for Planned Development District No. 15 for the University Park Elementary School, on property 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 27237 Volume 3, page 383, of the Map Records of Dallas County, Texas, and more commonly known as 3505 Amherst. SECTION 2. That the amended site plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 15 is subject to the following special conditions: (a) That the portable buildings depicted on Exhibit "A" will be removed from the property by the property owner not later than the first day of July, 2001. (b) That all previous special conditions approved in the granting of Planned Development District No. 15, as heretofore amended, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this 27237 Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 qr,q dayof August , 1999. APPROVED: MAYOR ATTEST: CITY SECRETARY ~~PPROVED AS?~u~FORM. CITY ATTORNEY (RLD/sgb 7-15-99) 27237 EXHIBIT "A" ! ORDINANCE NO. 9 9 / '1 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING THE APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17 FOR THE HIGHLAND PARK HIGH SCHOOL AT 7015 WESTCHESTER DRIVE, MORE PARTICULARLY DESCRIBED AS LOTS 1-9, BLOCK 9, OF METHODIST UNIVERSITY ADDITION AND BLOCKS 1 AND 2 OF THE OXFORD MANOR ADDITION, ADDITIONS TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 heating 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 of University Park, Texas, as heretofore amended, be, and the same are hereby amended, by amending the special conditions applicable to Planned Development District No. 17 for the Highland Park High School, on property described as Blocks 1 and 2 of Oxford Manor Addition and Lots 1-9, Block 9, of Methodist University Addition, additions to the City of University Park, Dallas County, Texas, and more commonly known as 7015 Westchester Drive. 27238 SECTION 2. That the special conditions applicable to Planned Development District No. 17 be, and are hereby, amended by providing that the portable building depicted on Exhibit "A" attached to Ordinance 91/28 granting Planned Development District No. 17, the approved site plan for the Highland Park High School, will be removed from the property by the property owner not later than the first day of July, 2001. That except as so revised, the special conditions and site plan applicable to Planned Development District No. 17 shall remain in full force and effect. SECTION 3. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. 27238 SECTION 6. That 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 Auqust ,1999. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 7-15-99) 27238 EXHIBIT "A: ~!i!'!;[ill!illl't'1 U~,,I!,,;;i;: ill{l!!;!;:~ ORDINANCE NO. 9 9 / 2 0 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, PLANNED DEVELOPMENT DISTRICT NO. 19 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE HIGHLAND PARK MIDDLE SCHOOL, MORE PARTICULARLY DESCRIBED AS BLOCK E OF THE UNIVERSITY ANNEX ADDITION, FIRST INSTALLMENT, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, COMMONLY KNOWN AS 3555 GRANADA; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of an amended site plan for Planned Development District No. 19 for the Highland Park Middle School/McCulloch Intermediate School, on property described as Block E of the University Annex Addition, First Installment, an addition to the City of University Park, Dallas County, Texas, and more commonly known as 3555 Granada. 9044 SECTION 2. That the amended site plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 19 is subject to the following special conditions: (a) That the portable classroom buildings, existing and to be added during the summer of 1999, depicted on Exhibit "A" will be removed from the property by the property owner not later than the first day of July, 2001; (b) That all previous special conditions approved in the granting of Planned Development District No. 19, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 9044 SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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, 1999. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/7-14-99) 9044 EXHIBIT "A" City of University Park ~eed CERTIFICATE OF CITY SECRETARY 08/24/99 7 I 09 ~E35 1743740 $27. O0 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. 99/21, having been passed and approved by the City Council of the City of University Park, Texas on the 3rd day of August, 1999 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 6th day of August, A.D. 1999. Bobbie H. Sharp, City Sec~retary City of University Park, Texas other/certify.coo 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205-1711 TELEPHONE(214) 363-1644 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO TIME WARNER TELECOM OF TEXAS, L.P., TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY IN, UNDER AND ACROSS STREET AND ALLEY RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK FOR THE PURPOSE OF THE INSTALLATION, USE, LEASE, SALE AND MAINTENANCE OF SUBSURFACE CONDUIT AND FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Time Warner Telecom of Texas, L. P., its successors and assigns, hereinafter referred to as Grantee, to occupy, maintain and utilize for the purposes set out herein below, the subsurface space beneath the streets and alleys of University Park, within the limits of dedicated rights-of-way of said streets and alleys. SECTION 2. That this License is granted for a term of ten (10) years unless sooner terminated according to other terms and provisions herein contained. This License may be renewed by Grantee for two additional five (5) year terms, provided Grantee gives two (2) years' written notice to the City, subject to Council approval. Grantee shall pay the City of University Park a one- time administrative fee of $2,000 with each renewal. SECTION 3. That Grantee shall pay in Year 1 a one-time sum of One Dollar ($1.00) per linear foot of installation of new communication facilities, or $2,000, whichever is greater, and beginning in Year 2 and for the years thereafter during the term hereof, the Grantee shall pay an annual administrative fee of Two Thousand Dollars ($2,000). The one-time fee is due and payable upon the final passage of this ordinance. Grantee shall also pay One Dollar ($1.00) per linear foot (one-time fee) for installation of any additional new telecommunication facilities, or $500, whichever is greater. Such compensation shall be in addition to and exclusive of the annual fee and any other taxes or special assessments required by law to be paid by the Grantee. All sums payable to the City of University Park hereunder shall be paid to Director of Finance, City of University ['ark. SECTION 4. That there is hereby granted, subject to the City's prompt receipt of the required monetary compensation, to Time Warner Telecom of Texas, L. P., hereinafter called "Grantee", for a term of ten (10) years plus any renewal, from passage of this revocable license ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand, reconstruct, maintain, sell and lease in, along, across, on, through, and under the public streets, alleys, and rights-of-way of the City of University Park, a Fiber-Optics Telecommunications Network, (the "Network"), which shall be limited to audio, video, data, voice, and signaling communications services. Grantee shall not provide cable services or operate a cable system as defined in the Cable Communications Policy Act of 1992 (47 U.S.C.A. Sec. 521, et. seq., as amended) or as recognized by the Federal Communications Commission (the "FCC") and without first obtaining a separate cable franchise from the City of University Park. This license is granted to Grantee solely for the purposes stated above. This ordinance does not require Grantee to provide ubiquitous service throughout the entire city as a public service provider. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All facilities of the Grantee shall be designed and installed within City rights-of-way in accordance with the applicable City Codes and ordinances and the requirements for right-of-way/easement construction. All portions of the Network and any other facilities installed or maintained by the Grantee shall be placed underground. The Grantee shall submit to the Director of Public Works detailed construction plans of all facilities to be installed within the City streets and alley rights-of-way, not less than ten (10) days prior to the commencement of said construction. The Director of Public Works shall review said plans and may require reasonable modifications in order to protect existing or anticipated public improvements or utilities. The Grantee shall then cause the appropriate public records to be modified so that other property owners or engineers investigating improvements within the rights-of-way will be notified of the location of such improvements. Any request for expansion may be denied by the City when, in the opinion of the Director of Public Works, there is insufficient room in the City rights-of-way to accommodate the expansion. The determination of the Director of Public Works shall be final. (b) The location and ronte of all conduits, fiber, cables and facilities placed and constructed by the Grantee in the construction and maintenance of the Network within the rights-of-way of City shall be subject to the lawtSul, reasonable and proper control and direction of the City. (c) In the event the construction or maintenance of the Network requires the temporary closing of a traffic lane or lanes, the Grantee shall notify the Director of Public Works not less than three (3) days prior to the construction or maintenance. The Director of Public Works may require the submittal of a traffic control plan 19919 99165 043 g (d) (e) (g) (h) (including, but not limited to barricades, signs, and solar-powered electronic message boards), and may also require that all lanes be open and available to traffic during peak traffic hours. This paragraph shall not apply to emergency repairs. The Grantee shall conduct all traffic control in accordance with the latest version of the Texas Uniform Manual of Traffic Control Devices, as it may be amended from time to time. The Grantee shall obtain a permit from the Engineering Department of the City prior to commencing any construction, reconstruction or maintenance. Nothing contained in this ordinance shall obligate or restrict the Grantee in exercising its rights voluntarily to enter into joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. The surface of any public street, avenue, highway, alley, sidewalk, parkway or landscaped area disturbed by the Grantee in the construction or maintenance of the Network shall be restored to the satisfaction of the Director of Public Works within forty-eight (48) hours after the completion of the work. Should the City reasonably determine, within one (1) year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work, the Grantee shall perform such additional restoration work to the reasonable satisfaction of the City. No public avenue, highway, alley, sidewalk, parkway or landscaped area shall be encumbered for a longer period than shall be reasonably necessary to execute all work. The City and the Grantee shall use all reasonable caution to avoid disturbing the facilities of the other party, but shall never charge the other entity for damages that result from accidental damage that occurs as a result of routine construction or maintenance activities unless such damage is caused by the gross negligence or willful misconduct of the other party. Upon request of the City, Grantee shall remove and abate any portion of the network or any facility that is dangerous to life or property, and in case Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Grantee, all without compensation or liability for damages to Grantee. Grantee shall promptly restore the public streets, alleys, rights-of-way to as good a condition as before commencement of the work, to the reasonable satisfaction of the Director of Public Works. Grantee shall excavate only for the 19919 99165 0 3L 3 construction, installation, expansion, repair, removal, and maintenance of all or a portion of its network. SECTION 6. That this License is granted subject to the following further conditions, terms and reservations: (a) That at such time as this License is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City, acting through its City Manager, shall remove all installations, improvements and appurtenances owned by it, situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this License, Grantee shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by the City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City be liable to Grantee on account thereof. (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the license area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than one hundred eighty (180) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City one hundred eighty (180) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at Grantee's expense. Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above. All work shall be done at the sole cost of Grantee and to the reasonable satisfaction of the City Manager of the City, or his designee. (c) It is further understood that if and when the City of University Park, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of Grantee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements thereon, shall 19919 (d) be made at the sole expense of Grantee and to the satisfaction of the Director of Public Works of the City of University Park. INSURANCE. (1) Grantee shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. (2) Subject to Grantee's right to maintain reasonable deductibles in such amounts as are approved by the City, Grantee shall obtain and maintain in full force and effect for the duration of this license, and any extension or renewal thereof, at Grantee's sole expense, insurance policy coverage in the following type and minimum amounts: Worker's Compensation and Employer's Statutory Liability $100,000/500,000/100,000 Bo Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 per occurrence or its equivalent (iii) Products/Completed Operations (iv) Personal Injury (v) Contractual liability 19919 99165 04345 (3) (4) (vi) Explosion, collapse, and underground property damage Co Comprehensive Automobile Insurance coverage for loading and unloading hazards, for: (i) Owned/Leased automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Non-Owned Automobiles Combined Single Limit for Bodily Injury and Property Damage Liability - $1,000,000 per occurrence or its equivalent (iii) Hired Automobiles Do Unless otherwise provided, the minimum coverage shall be: $1,000,000.00 - Bodily Injury or Death, Per Occurrence $1,000,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following required provisions: Name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; Provide for forty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. Provide for notice to the City Secretary by certified mail; and Provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the 19919 99t 65 (e) Indemnity, Section 6(0 of this license ordinance, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. (5) The insurance policies obtained by Grantee in compliance with this Section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. (6) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. (7) The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. (8) Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry said insurance at its expense, and shall furnish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. 19919 99165 0t 3 7 (f) As a condition hereof, Grantee agrees and is bound to indemnify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, lease, sale, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its fiber optic communications cable or conduit located within public rights-of-way pursuant to this license that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility installed within said rights-of-way, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any such installation, natural causes, or any other cause. (g) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner to interfere with the operation of any utilities and communication facilities. All and any communication companies and utilities, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area, and all communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the said licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within 19919 991E, 5 04348 six (6) months after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the City Manager, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Grantee fail to obtain prior approval for assignment of this license or fail to provide the City of University Park with the required written acceptance and a copy of the assignment, the City Manager may terminate this license. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. SECTION 11. That this ordinance shall take effect 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 this the 3rd day of August, 1999. APPROVED: ~~_. HAROLD PEEK, MAYOR ~,_.APPROVED AS TO FORM: ,~'""'~ (RLD, 7-28-99) DULY RECORDED: BOBBLE SHARP, CITY SE~~C ARY 19919 FILED ny D.,rovlslon herein which restricts the sole re · e.s~c..r?ed ?.al property because of color o~' ,,~,?!' Or Dst ~ t~ -~morceaom under federal ~aw. - ..... is IDVSlid and STATE OF TE~S COUN~ OF DALES I [~reby ce~Jfy this instrument was flied on the date add time stamped hereon by me and was d~ly recorded iD the volume and ner¢o~ by me, ~, Texas as stampe¢ COUNTY CL£R;(, Dallas Count),, Texas City of University Park Deed 08/24/99 7 1 0~i~ ~E~,~- 1743739 SPA O0 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. 99/22, ~aving ~e=~ passed ~ .... a.~ approved by ~ ~ty Counc~_~ of ~.~e ~:~-'~ ~^~ University Park, Texas on the 3rd day of August, 1999 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 6th day of August, A.D. 1999. Bobbie H. Sharp, City S~cre y City of University Park, Texas other/ceaify.coc 3800 UNIVERSITY BOULEVARD UNIVERSITY PARK, TEXAS 75205-1711 TELEPHONE(214) 363-1644 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. 9 9 / 2 2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO LEVEL 3, TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY IN, UNDER AND ACROSS STREET AND ALLEY RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK FOR THE PURPOSE OF THE INSTALLATION, USE, LEASE, SALE AND MAINTENANCE OF SUBSURFACE CONDUIT AND FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Level 3, its successors and assigns, hereinafter referred to as Grantee, to occupy, maintain and utilize for the purposes set out herein below, the subsurface space beneath the streets and alleys of University Park, within the limits of dedicated rights-of-way of said streets and alleys. SECTION 2. That this License is granted for a term of ten (10) years unless sooner terminated according to other terms and provisions herein contained. This License may be renewed by Grantee for two additional five (5) year terms, provided Grantee gives two (2) years' written notice to the City, subject to Council approval. Grantee shall pay the City of University Park a one- time administrative fee of $2,000 with each renewal. SECTION 3. That Grantee shall pay in Year 1 a one-time sum of One Dollar ($1.00) per linear foot of installation of new communication facilities, or $2,000, whichever is greater, and beginning in Year 2 and for the years thereafter during the term hereof, the Grantee shall pay an annual administrative fee of Two Thousand Dollars ($2,000). The one-time fee is due and payable upon the final passage of this ordinance. Grantee shall also pay One Dollar ($1.00) per linear foot (one-time fee) for installation of any additional new telecommunication facilities, or $500, whichever is greater. Such compensation shall be in addition to and exclusive of the annual fee and any other taxes or special assessments required by law to be paid by the Grantee. All sums payable to the City of University Park hereunder shall be paid to Director of Finance, City of University Park. SECTION 4. That there is hereby granted, subject to the City's prompt receipt of the required monetary compensation, to Level 3, hereinafter called "Grantee", for a term of ten (10) years plus any renewal, from passage of this revocable license ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand, reconstruct, maintain, sell and lease in, along, across, 99165 04330 on, through, and under the public streets, alleys, and rights-of-way of the City of University Park, a Fiber-Optics Telecommunications Network, (the "Network"), which shall be limited to audio, video, data, voice, and signaling communications services. Grantee shall not provide cable services or operate a cable system as defined in the Cable Communications Policy Act of 1992 (47 U.S.C.A. Sec. 521, et. seq., as amended) or as recognized by the Federal Communications Commission (the "FCC") and without first obtaining a separate cable franchise from the City of University Park. This license is granted to Grantee solely for the purposes stated above. This ordinance does not require Grantee to provide ubiquitous service throughout the entire city as a public service provider. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All facilities of the Grantee shall be designed and installed within City rights-of-way in accordance with the applicable City Codes and ordinances and the requirements for right-of-way/easement construction. All portions of the Network and any other facilities installed or maintained by the Grantee shall be placed underground. The Grantee shall submit to the Director of Public Works detailed construction plans of all facilities to be installed within the City streets and alley rights-of-way, not less than ten (10) days prior to the commencement of said construction. The Director of Public Works shall review said plans and may require reasonable modifications in order to protect existing or anticipated public improvements or utilities. The Grantee shall then cause the appropriate public records to be modified so that other property owners or engineers investigating improvements within the rights-of-way will be notified of the location of such improvements. Any request for expansion may be denied by the City when, in the opinion of the Director of Public Works, there is insufficient room in the City rights-of-way to accommodate the expansion. The determination of the Director of Public Works shall be final. (b) The location and route of all conduits, fiber, cables and facilities placed and constructed by the Grantee in the construction and maintenance of the Network within the rights-of-way of City shall be subject to the lawful, reasonable and proper control and direction of the City. (c) In the event the construction or maintenance of the Network requires the temporary closing of a traffic lane or lanes, the Grantee shall notify the Director of Public Works not less than three (3) days prior to the construction or maintenance. The Director of Public Works may require the submittal of a traffic control plan (including, but not limited to barricades, signs, and solar-powered electronic 27454 9916,5 0k. 33,1 (d) (e) (0 (g) (h) message boards), and may also require that all lanes be open and available to traffic during peak traffic hours. This paragraph shall not apply to emergency repairs. The Grantee shall conduct all traffic control in accordance with the latest version of the Texas Uniform Manual of Traffic Control Devices, as it may be amended from time to time. The Grantee shall obtain a permit from the Engineering Department of the City prior to commencing any construction, reconstruction or maintenance. Nothing contained in this ordinance shall obligate or restrict the Grantee in exercising its rights voluntarily to enter into joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. The surface of any public street, avenue, highway, alley, sidewalk, parkway or landscaped area disturbed by the Grantee in the construction or maintenance of the Network shall be restored to the satisfaction of the Director of Public Works within forty-eight (48) hours after the completion of the work. Should the City reasonably determine, within one (1) year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work, the Grantee shall perform such additional restoration work to the reasonable satisfaction of the City. No public avenue, highway, alley, sidewalk, parkway or landscaped area shall be encumbered for a longer period than shall be reasonably necessary to execute all work. The City and the Grantee shall use all reasonable caution to avoid disturbing the facilities of the other party, but shall never charge the other entity for damages that result from accidental damage that occurs as a result of routine construction or maintenance activities unless such damage is caused by the gross negligence or willful misconduct of the other party. Upon request of the City, Grantee shall remove and abate any portion of the network or any facility that is dangerous to life or property, and in case Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Grantee, all without compensation or liability for damages to Grantee. Grantee shall promptly restore the public streets, alleys, rights-of-way to as good a condition as before commencement of the work, to the reasonable satisfaction of the Director of Public Works. Grantee shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of its network. 27454 6'5 "01 3 3 2 SECTION 6. That this License is granted subject to the following further conditions, terms and reservations: (a) That at such time as this License is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City, acting through its City Manager, shall remove all installations, improvements and appurtenances owned by it, situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this License, Grantee shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by the City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City be liable to Grantee on account thereof. (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the license area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than one hundred eighty (180) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City one hundred eighty (180) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at Grantee's expense. Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above. All work shall be done at the sole cost of Grantee and to the reasonable satisfaction of the City Manager of the City, or his designee. (c) It is further understood that if and when the City of University Park, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of Grantee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements thereon, shall be made at the sole expense of Grantee and to the satisfaction of the Director of Public Works of the City of University Park. 27454 4 (d) INSURANCE. Grantee shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. (2) Subject to Grantee's right to maintain reasonable deductibles in such amounts as are approved by the City, Grantee shall obtain and maintain in full force and effect for the duration of this license, and any extension or renewal thereof, at Grantee's sole expense, insurance policy coverage in the following type and minimum amounts: io Worker's Compensation and Employer's Statutory Liability $100,000/500,000/100,000 Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 per occurrence or its equivalent (iii) Products/Completed Operations (iv) Personal Injury (v) Contractual liability (vi) Explosion, collapse, and underground property damage 27454 ' §9i65' 0't 338 (3) (4) Do Comprehensive Automobile Insurance coverage for loading and unloading hazards, for: (i) Owned/Leased automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Non-Owned Automobiles Combined Single Limit for Bodily Injury and Property Damage Liability - $1,000,000 per occurrence or its equivalent (iii) Hired Automobiles Unless otherwise provided, the minimum coverage shall be: $1,000,000.00 - Bodily Injury or Death, Per Occurrence $1,000,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following required provisions: mo Name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; Provide for forty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. Provide for notice to the City Secretary by certified mail; and Do Provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the Indemnity, Section 6(f) of this license ordinance, shall be 27454 :,:,, .... , 6,5 04335 underwritten by contractual coverage sufficient to include such obligations within applicable policies. (5) The insurance policies obtained by Grantee in compliance with this Section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. (6) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. (7) The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. (8) Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry, said insurance at its expense, and shall furnish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. (e) This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. 27454 9916504336 As a condition hereof, Grantee agrees and is bound to indenmify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, lease, sale, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its fiber optic communications cable or conduit located within public rights-of-way pursuant to this license that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility installed within said rights-of-way, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any such installation, natural causes, or any other cause. (g) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner to interfere with the operation of any utilities and communication facilities. All and any communication companies and utilities, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area, and all communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the said licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within 27454 99i 65 04337 six (6) months after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the City Manager, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Grantee fail to obtain prior approval for assignment of this license or fail to provide the City of University Park with the required written acceptance and a copy of the assignment, the City Manager may terminate this license. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. SECTION 11. That this ordinance shall take effect 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 this the 3rd day of August, 1999. APPROVED' HAROLD PEEK, MAYOR ,-'---A'~ROVED ,AS TOrF.,,O~ :z3 CITY ATTORNEY (RLD, 7-28-99) DULY RECORDED: BOBBIE SHARP, CI~RY 27454 99t 65 04338 6E; O FILED Any provlston herein whleh restricts the sale, rental, or use of the described real property because of color or race is invalid unenforceable under federal law. STATE OF TEY¢,S COUNTY OF DALLAS I hereby certity this instrument was filed on the date and time stamped hereon by me and was duly recorded i~l the volume and Rage of the named records of Dallas C[,uHt~, Texas as s~ampcd croon by me, AUG 24 1999 COUNTY CLERK, Dallas County, Texa~ [NICHOLS, DILLARD, HAGER & SMITH, L.L.P. JACKSON, Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas '/5201 ORDINANCE NO. 9 9 / 2 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, AS HERETOFORE AMENDED, BY AMENDING § 3.101 TO ADOPT THE UNIFORM BUILDING CODE, 1997 EDITION, VOLUMES 1, 2, AND 3; AMENDING SECTION 3.103 TO PROVIDE AMENDMENTS TO THE 1997 UNIFORM BUILDING CODE; 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 the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Chapter 3, Article 3.100, "Building Code", in part, as follows: "ARTICLE 3.100 BUILDING CODE Sec. 3.101 Uniform Building Code Adopted The Uniform Building Code, 1997 Edition, Volumes 1, 2, and 3, of the International Conference of Building Officials, is herewith adopted by reference. One copy shall be kept on file in the office of the city secretary. Unless deleted, amended, expanded, or otherwise changed herein, all provisions of such Code shall be fully applicable and binding and in full force and effect. Reference in this Code of Ordinances to the Uniform Building Code shall mean the Uniform Building Code, 1997 Edition. Sec. 3.103 Amendments to the Building Code The sections and provisions of the 1997 Uniform Building Code that are changed, added or deleted are as follows: 1) Section 106.1 is amended to read as follows: 106.1 Permits Required. It shall be unlawful for any person, firm, or 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. It shall be the responsibility of said person, firm, or corporation performing these services to obtain the proper permits prior to commencement of work. 2) Section 106.2 is hereby deleted. 27701 3) Section 106.4.4 is amended to read as follows: Section 106.4.4 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 sixty (60) days from the date of the issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work has commenced, for a period of more than sixty (60) days. For residential construction, all work commenced under a building permit shall be completed within eighteen (18) months. Residential shall mean all group R occupancies. All other construction of 10,000 square feet or less in area shall be completed within eighteen (18) months. Construction of a building 10,001 square feet or greater in area, or multistory construction, or construction of buildings with basements, shall be completed within twenty-four (24) months after the date of issuance of the permit. A new permit must be obtained for any construction which is not completed in the allowable time period as listed above or as extended in the manner provided herein. A new fee shall be required in connection with issuance of a new permit. The new 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. A new permit must be obtained for any construction which has been suspended or abandoned for a period of more than sixty (60) days. The permitee shall make a new application, resubmit plans for review, and pay a new full permit fee to resume work. Any permittee holding an unexpired permit, which has not been suspended or abandoned for a period of more than sixty (60) days, may apply for an extension of the time within which he may commence or complete the work under that permit. When the permittee is unable to commence or complete work within the time required by this section, the Building Official may extend the time for commencement or completion by the permittee for a period not exceeding sixty (60) or one hundred eighty (180) days, respectively, upon written request of the permittee and a showing, to the satisfaction of the Building Official, that circumstances beyond the control of the permittee have prevented commencement or completion of the work. No permit shall be extended more than once. 4) Section 107.2 is amended to read as follows: Section 107.2 Permit Fees. Any person, persons, firm, association, contractor, company, corporation or any other entity to whom a building permit is issued shall, before said permit 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 permit will be based on the current city Master Fee Resolution Schedule. 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: 27701 1) Total area under the roof and enclosed by walls. Excluding garages, carports, porches, patios and other roofed, open areas; and 2) One-half(I/2) of the area of the garage, carport, porch, patio, and other roofed, open areas. The sum of the above areas constitute the building area for permit evaluation and must be stated on the permit application. 5) Section 107.4 is amended by replacing the term "180 days" with the term "60 days" in the entire subsection. 6) Table 1- A Building Permits and Fees is hereby deleted. 7) Section 108.1.1I is amended by adding the following: 108.1.1 Site requirements. 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 new construction, a minimum fifteen (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. Dirt, mud, or debris in street or alley, or on any public sidewalk as a result of grading, construction, demolition, etc. must be properly removed on a daily basis. Any violation of the above requirements can be prosecuted by stoppage of all work on the building site and/or cancellation of the building permit and/or issuance of citations and/or declaring the same a nuisance and abatement thereof, either singly or as a group. 8) Section 108.1.2 is amended by adding the following: 108.1.2 Construction fence. A fence is required around all residential 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. 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. 9) Section 209 is amended to add a new definition as follows: HIGH-RISE BUILDING is a building having floors used for human occupancy located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access. 10) Section 305.9 is amended to read as follows: 305.9 Fire Alarm Systems. An approved fire alarm system shall be provided for Group E Occupancies. In Division 3 Occupancies, system smoke detectors shall be installed in all rooms 27701 used by children. unchanged} ... In Group E Occupancies provided with an ... {remainder of section 11) Section 310.9.1.3 is amended to add an Exception to read as follows: Exception: Whenever rewiring or new wiring occurs during the alteration, repair or addition process that, in the opinion of the Building Official, makes it possible to hardwire the smoke detectors, then those that can be hardwired shall be installed as required for new construction. 12) Section 310.9.1.4 is amended to add a sentence to read as follows: Where more than one detector is required to be installed within an individual dwelling unit, each detector shall be wired in such a manner that the actuation of one alarm will actuate all of the alarms in the individual unit. 13) Section 310.13 is added to read as follows: 310.13 General residential construction requirements. Residential buildings hereafter constructed must comply with the following: All single family attached structures shall be constructed to provide a two hour non- destructible fire resistant wall separating each occupancy from connected occupancies. Such walls shall contain no openings of any nature, shall be constructed entirely of brick, concrete, or masonry and shall contain no attachments nor be used as load bearing structures. Such walls shall extend at least 30 inches above the roof. The construction of such walls shall be designed by, and have appropriate details bearing the seal of, a registered Texas engineer. All two-family or multi-family buildings shall be constructed to provide a two hour, non-destructible fire resistant wall separating each dwelling unit from connected units. In lieu of a two hour separation, a one hour separation may be installed provided the structure is protected throughout by an automatic sprinkler system meeting the requirements of the codes and ordinances of the City of University Park. o All residential structures shall have a roofing material rated as a minimum Class "C" fire rating. 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 having the same lot as the main structure shall, in like manner, be repaired, replaced, restored or demolished to conform with Article 3.200 of Chapter 3 of the Code of Ordinances, 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 ten thousand dollars ($10,000.00) or more or when such efforts involve or consist of structural alterations, reconstruction, addition, enlargement and/or replacement of the main building. 27701 o All residential buildings in the Single Family Attached (SF-A), Duplex (D-I, D-2) and multi-family (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. Accessory buildings shall not be subject to such provisions. 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. 14) Section 403.1 is amended to read as follows: SECTION 403 -- SPECIAL PROVISIONS FOR HIGH RISE OCCUPANCIES 403.1 Scope. This section applies to all Occupancies having floors used for human occupancy located more than 55 feet (16,764 mm) above the ... {remainder of paragraph unchanged} ... with Section 403.2. Exception: Open parking garages in compliance with Section 311.9. 15) Section 403.2.2, item 3, is hereby deleted. 16) Section 504.7 is amended by adding the following: 504.7 Occupancy Separation. Except as provided in other sections, a U.L. approved, minimum one (1) hour rated separation wall shall be installed between all new tenant spaces. 17) Table 6-A, footnote 4, is added as follows: 4. Wood, wood products or other materials not normally classified as fire retardant or fire resistant shall not be used in the construction or finish of any occupancy other than group R occupancies. Exceptions: 1) Wood used for the interior trim, door casing, window casing, base board, crown molding, chair rail and other similar appurtenances not located in rated corridors. 2) Wood paneling not greater than one-quarter inch (1/4") applied to one-hour fire resistive construction. 3) 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 located in a rated corridor. 27701 18) Section 904.2.2 is amended as follows: Items 5, 6, 7, and 8 are amended or added to read as follows: 5. Throughout all buildings with a floor level other than penthouses in compliance with Section 1511, that is feet located 35 feet (10,668 mm) or more above the lowest level of fire department vehicle access. Exception: Open parking structures under 55 feet in height. 6. High-Piled Combustible Storage. For any building with a clear height exceeding 15', see Section 8101 of the Fire Code. 7. Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system as specified in the Fire Code. 8. Buildings Over 6,000 sq.ft. An automatic sprinkler system shall be installed throughout all buildings over 6,000 sq.ft. Exception: Open parking garages. 19) Section 904.2.9 is amended to read as follows: 904.2.9 Group R, Division 1 Occupancies. In new construction, an automatic sprinkler system shall be installed throughout every apartment house two or more stories in height or containing 16 or more dwelling units, every congregate residence two or more stories in height or having an occupant load of more than 10, and every hotel two or more stories in height or containing 20 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. In existing buildings which undergo alterations, repairs or additions which exceed 50% of the building area, the requirements of new construction must be met. 20) Table 9-A is amended to change Occupancy Item 5, Standpipe Class, for sprinklered buildings to Class "I". 21) Section 1003.3.3.9 is amended by adding the following: No gas-fired equipment shall be installed under any stairway or stairway landing. 22) Section 1004.2.5.2.3 is amended to add a second paragraph to read as follows: When reduction of corridor construction is allowed under Section 1004.3.4.3, the reduction shall not apply to the corridors of this section for extra travel distance. 23) Section 1005.3.3.7 is amended to read as follows: 1005.3.3.7 Pressurized enclosure. In a building having a floor level used for human occupancy located more than 55 feet ( 16,764 mm) above the lowest level of fire department vehicle access, all required exit enclosures shall be pressurized in accordance with Section 905 and this section. Pressurization shall occur automatically upon activation of an approved fire alarm system. 27701 Exceptions: 1. If the building is not equipped with a fire alarm system, pressurization shall be upon activation of a spot-type smoke detector listed for releasing service located within 5 feet (1,524 mm) of each vestibule entry. 2. Open parking garages in compliance with Section 311.9. A controlled relief vent capable of discharging a minimum of 2,500 cubic feet per minute (1180 L/s) of air at the design pressure difference shall be located in the upper portion of such pressurized exit enclosures. 24) Section 1101.2 is amended to add an item 2 to read as follows: 2. Alternate Design Buildings regulated under state law and built in accordance with state certified plans, including any variances or waivers granted by the state, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of a Certificate of Occupancy. 25) Section 1403.1 is added to read as follows: Section 1403.1.3 All Occupancies except single, two, or multi-family dwellings. All buildings shall have a minimum of ninety percent (90%) masonry material with a minimum thickness of three and one-half inches (3 ½") on the exterior surfaces, excluding windows, doors, and other appurtenances. Accessory buildings shall not be subject to such provisions. 26) Appendix Section 421 is amended to read as follows: Section 421 - Requirements An enclosure must be provided in accordance with Section 8-808 of the City of University Park Comprehensive Zoning Ordinance around all swimming pools, spas, and hot tubs located in the city. 27) Appendix Section 1107.4 is added to read as follows: 1107.4 Alternate Design Buildings regulated under state law and built in accordance with State certified plans, including any variances or waivers granted by the state, shall be deemed to be in compliance with the requirements of this Chapter. State certification of final inspection must be provided before issuance of a Certificate of Occupancy. 28) Appendix Section 1516.3, subparagraph 1, is amended to read as follows: 27701 1. Asphalt shingles. Not more than one overlay of asphalt shingles shall be applied over an existing asphalt or wood shingle roof. 29) Section 1802 is amended by adding the following: Foundations for group R-3 occupancies shall be concrete pier and beam as set forth in this chapter and shall meet the minimum standard foundation detail of the city. Exceptions: (a) Plans for a deep founded foundation, designed by an engineer who is in the business of foundation design, may be submitted for approval. Such plans shall include: (1) that the designing engineer will certify that his design will withstand the proposed loads and is based on an engineered soil report; (2) that the designing engineer will inspect the foundation during construction and submit a sealed report to the city stating that the foundation was constructed as per his design; and (3) that both certification and report will be made part of the permanent building record. (b) Steel pier systems and concrete filled steel pier systems, where the piers are mechanically driven to bearing block strata, may be used for small foundation construction and foundation repair where, in the opinion of the Building Official, it is impractical to provide a standard foundation system. Approval by the Building Official of an alternate foundation system shall require: (1) the foundation system to be designed by an engineer who is in the business of foundation design; (2) the designing engineer to certify that his design will withstand the proposed loads; (3) the designing engineer to inspect the foundation during construction and submit a sealed report to the city stating that the foundation was constructed as per his design; and (4) that both certification and report shall be made part of the permanent building record. 30) Section 1804.7 is amended to add the following: Section 1804.7 Drainage and Control of Runoff Water. 1. It shall be unlawful and an offense for any person, firm or corporation to do work or cause work to be accomplished that diverts, impounds, or otherwise alters the natural flow of surface water drainage in such a manner that causes damage to property, creates an attractive nuisance, or causes an unreasonable risk to the public health, safety, or general welfare. 2. Any person, firm, or corporation who builds or causes to be built any residential dwelling or residential accessory structure shall be responsible for the execution of the following site grading requirements and drainage provisions: (a) The slope of the final grading of soils at the side yard of any residential dwelling or residential accessory structure shall not exceed a gradient of 3% when measured from grade at the side property line to a point of intersection with the elevation of grade at the foundation wall of the structure. In no case shall final grade at the foundation wall be less than six (6) inches from the exterior plate line of the structure. 27701 (ii) 7501 - 10000 sq. fi. 10001 - 12000 sq. f. 12001 - 35000 sq. ft. 35001 and greater SF-A, D-l, D-2, MF-1, MF-2, MF-3 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 63% (iii) All others 90% (iv) 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. (v) In lieu of the option available in paragraph (iv), a monthly drainage fee may be paid, such fee to be established by appropriate city council resolution. (vi) All funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. 31) Section 3303.9 is amended to read as follows: 3303.9 Demolition. The work of demolishing any building shall not be commenced until the required pedestrian protection structures and dust control procedures are in place. The Building Official may require the permittee to submit plans and a complete schedule for demolition and dust control measures. Where such measures are required, no work shall be done until such plans or schedule, or both, are approved by the Building Official. The permittee shall take all reasonable precautions to prevent dust from becoming airborne at and near the demolition site. The permittee shall provide for the use of water for dust suppression on the demolition site so as to prevent a public nuisance, health hazard or safety hazard. 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." SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Uniform Building Code, 1997 Edition, as adopted and amended hereby, be, and 27701 (b) Diversion of surface water shall be contained within the limits of a residential lot and shall be conveyed by a free, positive, and uninterrupted means to a point of discharge at the front property line and/or property line adjacent to an alley. Roof drainage shall be accomplished by use of a roof guttering system connected to a properly sized subsurface drainage conduit discharging through the curb at the street or at the property line adjacent to an alley. (c) If irregular site topography, use of landscaping, or architectural features such as raised planting beds, retaining walls, fences, or sidewalks prohibit compliance with provisions of this section, the designer shall provide alternate methods and means as may be approved by the Building Official to assure that the requirements of this Code are met. The drainage plan must be submitted, reviewed, and approved prior to issuance of a building permit and the work must be approved prior to final inspection and occupancy of the structure. (d) A drainage system capable of removing excess surface water, subsurface water, and/or excess moisture shall be provided under all pier and beam foundations exceeding five hundred (500) square feet in area and all basement or below grade construction. The subsurface water drainage system shall be of a type and design as provided by the City of University Park. The designer of the pier and beam foundation system shall include the subsurface drainage system design by reference in plan notes or details on the foundation plan. All subsurface water drainage systems shall be designed and installed on private property in such a manner as to prohibit back flow from surface water by means of grading, check valve, air gap, or other device as may be approved by the Building Official. The drainage system design for a basement or below grade construction shall be such that surface water, subsurface water, and/or moisture is not diverted onto public property or adjacent properties, provided however, such water may be drained through enclosed pipe into the City's storm water drainage system. Exception: Pier and beam foundation systems and basement or below grade construction designed and sealed by a registered professional engineer with design expertise in structural foundation systems may incorporate a design for a foundation drainage system as deemed appropriate. (e) All site drainage requirements shall be installed and approved prior to final approval of the structure and occupancy thereof. The Building Official shall inspect and approve all drainage plans, structures, and work required by this section. 3. 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. Impermeable areas of all lots shall be limited to those specified for the following zoning districts: Allowed Lot Category Impermeable Surface (i) SF-1, SF-2, SF-3, SF-4 0 - 6000 sq. ft. 6001 - 7500 sq. fl. 3,600 sq. f. 60% 27701 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 the ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, sentence, paragraph, subdivision, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, the same shall not affect the validity of this ordinance or any part or provision thereof, other than the part determined to be invalid, illegal or unconstitutional. SECTION 4. That any person, firm, organization or corporation violating any provisions or terms of this ordinance or the Uniform Building Code, as amended hereby, shall be subject to the same penalty provided by the Code of Ordinances, and upon conviction in the municipal court of the City of University Park, shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such offense is continued shall be deemed to constitute a separate offense. In addition to, and cumulative of, all penalties, the City shall have the right to seek injunctive relief for any and all violations of the Uniform Building Code. SECTION 5. That 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 18 th day of Auqust ,1999. CITY ATTORNEY (RLD/sb 8-11-99) APPROTD: MAYOR ATTEST: CITY SECRETARY 27701 ORDINANCE NO. 9 9 / 2 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, AS HERETOFORE AMENDED, BY AMENDING § 5.101 TO ADOPT THE UNIFORM FIRE CODE, 1997 EDITION; AMENDING §5.103 TO PROVIDE DEFINITIONS; REPEALING §§ 5.104, 5.105, AND 5.106; AMENDING § 5.107 TO AMEND SECTIONS 103.1.4, 105.3, 901.3, 901.4.2, 902.2.2.3, 902.2.2.4, 902.2.2.6, 902.2.4.1, 903.4.2, 1003.1.2, 1003.2.2, 1003.2.9, 1003.3.1, 1003.4, TABLE 1004-A, 1007.2.4.1, 1007.2.12.2.1, 1007.2.12.2.4, 1007.3.1, 1102.2, 1102.3, 1207.5, 1302.2, 4502.8.1, 4901.9, 7701.1, 7701.7.1, 7701.7.2, 7801.3.1.1, 7901.3.2, 7902.2.2.1, 7902.5.7.2, 7902.5.12.1, 7902.6.3, 7904.5.4.2.2, 8001.4.5.2, 8201, 8204. 1, AND APPENDICES I-A SECTION 6.2, I-B SECTION 6.1 NUMBER 4, III-A SECTION 1, AND IV-B SECTION 2, DELETING SECTION 103.1.4, AND ADDING NEW SECTIONS 901.7 AND 1002.4 TO THE 1997 UNIFORM FIRE CODE; AMENDING ARTICLE 5.300 TO PROVIDE REGULATIONS FOR OPEN PARKING STRUCTURES, FIRE EQUIPMENT AND CABINETS; REPEALING ARTICLES 5.400, 5.500, 5.800, 5.900, 5.1000, 5.1100, 5.1200, 5.1300, 5.1500, 5.1600, 5.1700, 5.1800, AND 5.1900 OF THE CODE OF ORDINANCES AND ALL OTHER ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Chapter 5, Article 5.100, "Uniform Fire Code" in part as follows: "ARTICLE 5.100 UNIFORM FIRE CODE SECTION 5.101 Adoption The Uniform Fire Code, 1997 Edition, is hereby adopted by the City of University Park for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, including Appendix Chapters I-A, I-B, III-A, III-B and IV-B and the Uniform Fire Code Standards, 1997 Edition, published by the International Conference of Building Officials and Western Fire Chiefs Association, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, except such provisions thereof as may be in conflict with this code or other ordinances of the city. A copy of the Uniform Fire Code is 25540 on file in the Fire Department for reference and inspection and the same is hereby adopted and made part of this article to the same extent as if set out herein in full. SECTION 5.103 Definitions a. Whenever the word 'jurisdiction' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the corporate limits of the City of University Park, Texas. b. Whenever the term 'corporate counsel' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the City Attorney for the City of University Park, Texas. c. Whenever the term 'Chief of the Bureau of Fire Prevention' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the Fire Chief of the City of University Park, Texas or the Chiefs authorized representatives. d. Whenever the term 'Bureau of Fire Prevention' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the Fire Department of the City of University Park, Texas. e. Whenever the word 'City' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the City of University Park, Texas. f. Whenever the term 'Police Chief' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the Chief of Police for the City of University Park, Texas. g. Whenever the term 'Building Official' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean the Building Official for the City of University Park, Texas. h. Whenever the term 'fleet vehicle' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean a motor vehicle which is one of a group of motor vehicles, owned or operated as a unit and used in the ongoing course of business. i. Whenever the term 'fire lane' is used in the Uniform Fire Code, 1997 Edition, it shall be held to mean emergency access lanes for access by fire department fire apparatus, emergency medical apparatus, and police department vehicles during any emergency calls, or alarms. SECTION 5.104. RESERVED SECTION 5.105 RESERVED SECTION 5.106 RESERVED 25540 SECTION 5.107 Amendments Made in the Uniform Fire Code The Uniform Fire Code is amended and changed in the following: Section 103.1.4. Appeals. Shall be deleted and held in reserve. Section 105.3 shall be amended to read as follows; Permits. Applications for permits shall be made to the Fire Chief in such form and detail as prescribed by the bureau. Applications for permits shall be accompanied by such plans as may be required by the fire department. Section 901.3 shall be amended in part as follows: Timing of Installations ..... Prior to the issuance of a building permit, fire lanes required by this section shall be designated on a site plan and three (3) sets of said plans shall be submitted to the fire marshal for approval. No structure shall be allowed to progress beyond the foundation until the required fire lanes are serviceable and approved ..... Section 901.4.2 shall be amended to read as follows: Fire apparatus access roads. When required by the fire chief, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. The city shall provide the following on public designated fire lanes and the owner, manager, or person in charge of any building to which fire lanes have been approved shall post and maintain the following: Curb markings consisting of continuous painted lines of red traffic paint six (6) inches in width onto which the words "No Parking Fire Lane" four (4) inches in width shall be stenciled with white paint, in an approved manner, at twenty-five (25) foot intervals and/or approved traffic signs which are posted and maintained in conspicuous places along such fire access roadways. Such signs must be eighteen (18) inches wide and eighteen (18) inches high, inscribed with the international no parking symbol of a slashed "P", with a companion sign eighteen (18) inches wide and twelve (12) inches high stating "Fire Lane Tow Away". Section 901.7 shall be added to read as follows: Fire Department Connection. The Fire Department Connection for a sprinkler and/or a standpipe connection shall be within twenty-five(25) feet of a dedicated street or fire lane. Section 902.2.2.3 shall be amended to read as follows: Turning Radius. The turning radius of a fire department access road shall be a minimum inside turning radius of twenty-five(25) feet and a minimum outside turning radius of fifty(50) feet. Section 902.2.2.4 shall be amended to read as follows: Dead Ends. Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. All dead-end fire lanes in excess of one hundred fifty(150) feet in length shall be provided with a turn around meeting the requirements of Figure 902.2.2.4. The cul-de-sac is the most desired design. (The approved 25540 form of Figure 902.2.2.4 is attached to this Ordinance as Exhibit "A" and shall be incorporated within this section of the Code of Ordinances upon its next supplementation.) Section 902.2.2.6 shall be amended to read as follows: Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved. Grade incline of fire lanes shall not exceed ten per cent(10%). Section 902.2.4.1 shall be amended to read as follows: General. The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles. The Chief or his duly authorized representative is authorized to cause fire apparatus roadways to be maintained free of obstructions at all times by issuance of citations, removal and impoundment of a vehicle or obstruction in violation, by both a citation and impoundment, or by orders to remove any obstruction immediately The Fire Chief or Fire Marshal shall have the authority to designate existing streets and access ways on public or private property as fire apparatus access roads in accordance with section 902.2.1 of the Uniform Fire Code, where the Chief or Fire Marshal determines that a condition exists on public or private property which requires such a road due to the possible impairment by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access to property by fire apparatus in the event of an emergency. Section 903.4.2 shall be amended to read as follows: Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected, or both, as required and approved. See Appendix III-B. A fire hydrant shall be located within one hundred feet (100') of a fire department connection. Section 1002.4 shall read as follows: Public Conveyance. The operator of a vehicle used as a public conveyance and designed to carry ten (10) or more passengers shall equip and maintain the vehicle with at least one 2A: 10 B:C fire extinguisher. Section 1003.1.2 shall be amended in part as follows: Standards. Fire Protection systems shall comply with the appropriate Uniform Building Code Standards and National Fire Protection Association Standards. (See UBC Standard 9-1) 2. Automatic Sprinkler systems may be connected to the domestic water-supply main when approved by the Fire Chief and the Building Official... (balance unchanged) Section 1003.2.2 shall be amended in part as follows: All occupancies except Group R, Division 3 and Group U Occupancies. 25540 o Throughout all buildings with a floor level that is located 35 feet (10,688mm) or more above the lowest level of fire department vehicle access. Exceptions: Open parking structures in compliance with UBC section 311.9 and less than 55 feet in height. High-Piled Combustible Storage. For any building with a clear height exceeding 15', see Section 8101. 7. Spray Booths and Rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system. o Buildings Over 6,000 square feet. An automatic sprinkler system shall be installed throughout all buildings over 6,000 square feet. Exceptions: Open parking structures in compliance with UBC section 311.9. Section 1003.2.9 shall read as follows: Group R, Div. 1 Occupancies. An automatic fire-extinguishing (fire sprinkler) system shall be installed throughout every apartment house two or more stories in height or containing 16 or more dwelling units, every congregate residence (dormitories) two or more stories in height or having an occupant load of ten (10) or more and every hotel/motel two (2) or more stories in height, or containing 20 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. Exception: Existing structures need not comply unless the remodel or expansion exceeds 50% of the building area. When cumulative building remodel or expansion exceeds 50% of the building area, the building must be brought into compliance with this section within 18 months of the permit application. Section 1003.3.1 shall be amended in part as follows; Where required ..... 2. Fifty or more in all other occupancies. Section 1003.4 shall be amended in part as follows: Permissible Sprinkler Omissions. 4.4 Other approved fire-protection equipment is installed in such areas. Table 1004-A Standpipe Required Systems shall read as follows: Occupancy - Nonsprinklered Building Sprinklered Standpipe Ho se Standpipe Building Hose 25540 Class Requirement Class Requirement 5. Groups 1; H; B; S; M; F, II Yes I No Division I Occupancies less than 4 stories in height but greater than 20,000 square feet per floor, or more stories in height. Also Group R, Division I Occupancies 2 NOTE: Standpipe Class I is a dry pipe system equipped with 2 1/2 inch outlets. Standpipe Class II is a wet pipe system equipped with 1 1/2 inch outlets w/hose. Standpipe Class III is a wet pipe system with 2 1/2 inch outlet w/1 1/2 inch reducer. Section 1007.2.4.1 shall be amended in part as follows: General. Group E Occupancies shall be provided with fire alarm systems in accordance with Section 1007.2.4. Group E Occupancies shall be provided with an approved manual fire alarm system. In Division 3 occupancies, system smoke detectors shall be installed in all rooms used by children .... (balance unchanged). Section 1007.2.12.2.1 shall be amended to read as follows: General. Occupancies, each having floors used for human occupancy, located more than 55 feet above the lowest level of a fire department vehicle's access, shall be provided with an automatic fire alarm system and a communication system in accordance with Section 1007.2.12.2. Section 1007.2.12.2.4 shall be amended to read as follows: Fire department communication system. A two-way, approved fire department communication system shall be provided for fire department use. It shall operate between the central control station and elevators, elevator lobbies, emergency standby power rooms, fire pump room and inside stairways at each floor level. Section 1007.3.1 shall be amended to read as follows: Design Standards. Fire alarm systems, automatic fire detectors, emergency, voice alarm communications systems and notification devices shall be designed, installed and maintained in accordance with UFC Standard 10-2 and other nationally recognized standards. All alarm systems, new or replacement, serving 20 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All systems shall be Class 'A' wired with a minimum of six feet separation between supply and return loops. Exception: Existing systems need not comply unless the total system remodel or expansion exceeds 30% of the building. When cumulative building remodel or expansion exceeds 50% the building must comply within 18 months of permit application. 25540 Section 1102.2.1 shall be amended to read: General. The use of incinerators shall be prohibited. The balance of Section 1102.2 is deleted. Section 1102.3.1 shall be amended to read as follows: General. Open burning shall be prohibited in the City of University Park. Exception: Recreational fires shall be in accordance with section 1102.4. The balance of Section 1102.3 is deleted. Section 1207.5 shall be amended to read as follows: Special Egress-control Devices. Complete plans and specifications for special egress control devices shall be submitted to the fire department for review and approval prior to system installation. Special egress-control devices thereto shall meet the approval of the fire department and shall be subject to acceptance tests as required by the chief. When special egress-control devices or systems are installed, such devices or systems shall be maintained in accordance with the Building Code requirements tbr the original installation. Section 1302.2 shall be amended to read as follows: Reporting Emergencies. In the event a fire occurs or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property occurs, the owner, occupant or supervising Alarm Company shall, without delay, report such conditions to the Fire Department. Section 4502.8.1 shall be amended to read as follows: General: New and existing spray booths and spraying rooms shall be protected by approved automatic fire-extinguishing systems. Such system shall be extended to protect exhaust plenums, exhaust ducts and both sides of dry filters when such filters are used. For installations of automatic sprinklers in ducts, see the Mechanical Code. Section 4901.9 shall be amended to read as follows: Fire Protection. A minimum 2-A, 20-B:C - rated fire extinguisher or a charged water hose equipped with a nozzle shall be kept at the location where welding or cutting is to be done. Section 7701.1 is amended by amending the first sentence to read: Scope. Manufacture, possession, storage, sale, transportation and use of explosive materials shall be in accordance with Article 77 and approved by the Chief. Section 7701.7.1 shall be amended to read as follows: Manufacturing. The manufacture, assembly, testing and loading of explosives, ammunition and blasting agents is prohibited. Exception: This prohibition is not intended to apply to the hand loading of small arms ammunition. 25540 Section 7701.7.2 shall be amended to read as follows: The storage and use of explosives and blasting agents is prohibited. Exception: This prohibition is not intended to apply to approved construction projects for which a permit has been obtained, provided all necessary safety precautions are observed and the use has the approval of the Fire Chief. Section 7801.3.1.1 shall be amended to read as follows: Fireworks. Manufacturing. The manufacturing of fireworks is prohibited. Section 7901.3.2 shall be amended to read as follows: Flammable and Combustible Liquids. Plans. Plans shall be submitted to the Fire Department prior to storing 250 gallons of flammable or hazardous liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from building and property lines, access-ways, fire protection facilities, and provisions for spill control, drainage control and secondary containment. Section 7902.2.2.1 shall be amended to read as follows: Locations where Aboveground Tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of the districts in which such storage is prohibited. (See sample adoption ordinance, Section 4) The storage of flammable or combustible liquids in aboveground tanks is prohibited in residential areas. Exception: This prohibition is not intended to apply to approved construction projects for which a permit has been obtained, provided all necessary safety precautions are observed and the project has approval of the Fire Chief. Section 7902.5.7.2 shall be amended to read as follows: Occupancy quantity limits. 7. Group R Occupancies. Quantities in Group R, Single-Family and Multi-Family Occupancies shall not exceed amounts necessary for maintenance purposes and operation of equipment and shall not exceed 10 U.S. gallons. Section 7902.5.12.1 shall be amended to read as follows: Liquid storage warehouses. General. The storage of flammable liquids, in the manner defined in Section 213 of this Code as 'Liquid Storage Warehouse' is prohibited. Section 7902.6.3 shall be amended in part as follows: Underground Tank Storage. Location. Exception: The storage of flammable or combustible underground tanks is prohibited in residential areas. liquids or hazardous materials in 25540 Section 7904.5.4.2.2 shall be amended in part as follows: Marine craft and special equipment. Liquids intended for use as motor fuels are allowed to be transferred from tank vehicles into the fuel tanks of marine craft, fleet vehicles and special equipment when approved by the chief, and when: (balance unchanged) Section 8001.4.5.2 shall be amended in part as follows; Aboveground tanks. Exception: The storage of hazardous materials in above ground tanks is prohibited in residential areas. Section 8201 shall be amended to read as follows: General. Storage, handling and transportation of LP-gas and the installation and maintenance of pertinent equipment of systems for such uses shall be in accordance with Article 82 and subject to approval of the Chief. Section 8204.1 shall be amended to read as follows; General. The storage and transportation of LP-gas and the installation and maintenance of pertinent equipment shall be in accordance with UFC Standard 82-1 and subject to the approval of the Chief. Appendix I-A, Section 6.2 shall read as follows; Power Source. When required by this Code or any other City code or ordinance, new and existing smoke detectors shall be of an approved type and shall receive their primary power from the building wiring, when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over-current protection. Appendix I-B, Section 6.1, Number 4 shall read as follows; Single-Station Smoke Detectors ..... New and existing smoke detectors shall be of an approved type and shall receive their primary power source from the building wiring, when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over- current protection. Appendix III-A, Section 1 shall read as follows; Fire-Flow Requirements for Buildings. Scope. The procedure for determining fire flow requirements for buildings or portions of buildings hereafter constructed shall be in accordance with this Appendix III-A, or as determined by the Fire Chief Appendix IV-B, Section 2 shall read as follows; Christmas Trees, Permits. This section deleted. No permit required." 25540 SECTION 2. That Article 5.300 of the Code of Ordinances be, and the same is hereby, amended to read as follows: "ARTICLE 5.300 OPEN PARKING STRUCTURES; FIRE EQUIPMENT AND CABINETS (a) Open parking structures will be required to install hose and equipment cabinets for Fire Department use only. A hose and equipment cabinet will be required to be installed on the third floor and each floor above the third floor. If the diagonal dimension of the floor exceeds 300 feet, two hose and equipment cabinets will be required on each floor. The hose and equipment cabinets will be located adjacent to the stairwell(s) next to the standpipe system. (b) The hose and equipment cabinet and equipment housed in cabinets will be purchased by the Fire Department after the cost of equipment (including all freight, and handling charges) is paid in full by either the contractor, or building owner to the City of University Park, and securely mounted prior to issuance of the Certificate of Occupancy. All equipment purchased shall be of the same type used by the Fire Department and shall meet NFPA specifications, (c) The fire hose and equipment shall be maintained by Fire Department according to NFPA and Fire Department Standards. The Fire Department will test all fire hose and equipment twice yearly and maintain all testing records of fire hose and equipment. The cost of testing the fire hose and equipment will be assessed to the owner of the structure for each cabinet tested in accordance with the Master Fee Resolution of the City of University Park. (d) The hose and equipment cabinet shall be securely mounted to the wall of the structure and shall be locked with a Knox padlock purchased by the owner of the structure. The bottom of the cabinet shall be mounted 36 inches from the floor level for easy access by Fire Department personnel. Although the Fire Department will store and utilize 1 3/4 inch fire hose in the hose and equipment cabinet, the cabinet must have capacity for 300 feet of 2 1/2 inch fire hose, and contain the following equipment: 1 each 1 1/2 inch fog nozzle equipped with Iron Pipe Threads (IPT); 2 each fire hose spanner wrenches; 1 each Standpipe wrench; 1 each - pick head fire ax; 1 each - Halligan Tool; 1 each 6 feet of 3 inch fire hose with 2 1/2 inch NST couplings; and, 1 each 2 1/2 inch NST gated wye with 1 1/2 inch IPT connections. 25540 (e) The amount of 1 3/4 inch fire hose required shall be determined by diagonal measurement of the structure. All 1 3/4 inch hose shall be synthetic double-jacketed, equipped with 1 1/2 inch IPT lightweight couplings. All hand tool type equipment shall be mounted securely to the inside of the cabinet with quick release hardware. The cabinet must be equipped with louvered vents to allow air to circulate through the cabinet to dissipate any moisture accumulation. Any additional equipment that may be required will be determined by the Chief of the Fire Department and shall be the responsibility of the owner for purchase." SECTION 3. That Articles 5.400, 5.500, 5.800, 5.900, 5.1000, 5.1100, 5.t200, 5.1300, 5.1500, 5.1600, 5.1700, 5.1800, 5.1900 and 5.2000 of the Code of Ordinances and all other ordinances of the City of University Park in conflict with the provisions of this ordinance or the Uniform Fire Code, as adopted and 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 the ordinance shall remain in full force and effect. SECTION 4. That should any word, phrase, sentence, paragraph, subdivision, or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, the same shall not affect the validity of this ordinance or any part or provision thereof, other than the part determined to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm, organization or corporation violating any provisions or terms of this ordinance or the Uniform Fire Code, as amended hereby, shall be subject to the same penalty provided by the Code of Ordinances, and upon conviction in the municipal court of the City of University Park, shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense, and each and every day such offense is continued shall be deemed to constitute a separate offense. In addition to, and cumulative of all penalties, the City shall have the right to seek injunctive relief for any and all violations of the Uniform Fire Code. SECTION 6. That 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. 25540 18th DULY PASSED by the City Council of the City of University Park, Texas, on the day of Auqust ,1999. APPROVED: 2 MAYOR ATTEST: ,.~AP~ROVED AS TO · CITY ATTORNEY (RLD/sb 8-12-99) 25540 EXHIBIT "A" FIGURE 902.2.2.4 PERMISSIBLE FIR'E LANE TURN-AROUHDS FIQ. 1 100 DIAMETER CIRCLE TYP 30'R 1YP FIG.2 10 HAMMERHEAD FIO. 3 ACCEPTABLE ALTERNATIVE TO 100' HAMMEnHEAIJ 30'R TYP. 35' R I YP FIO.4 ACCEPTABLE ALTERNATIVE TO 100' HAMMERHEAU ORDINANCE NO. 9 9 / 2 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVAL OF AN AMENDED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17, FOR THE PROPERTY COMMONLY KNOWN AS 4220 EMERSON AND 7015 WESTCHESTER, HERETOFORE GRANTED BY ORDINANCE NO. 91/28; AUTHORIZING ADDITION OF A PERMANENT MAINTENANCE BUILDING; 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 the City Council of the City of University Park is of the opinion 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 site plan for a portion of Planned Development District No. 17 for the Highland Park High School, on property commonly known as 4220 Emerson and 7015 Westchester, as heretofore granted by Ordinance No. 91/28, such property being located in the City of University Park, Dallas County, Texas. SECTION 2. That the amended site plan authorizing addition of a permanent maintenance building is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if 27986 fully copied herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 17 is subject to the following special conditions: (a) The maintenance building will be screened on the south side by irrigated landscaping as shown on the approved landscape plan attached hereto; and, (b) That all previous special conditions approved in the granting of Planned Development District No. 17, as heretofore amended, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, and upon conviction in the municipal court of the C'ity of 27986 University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of September, 1999. /~ APPR~OVED: ATTEST: BOBBLE SHARP, ~ARY /~-"--'A-P~ROVED AS CITY ATTORNEY (RLD/8-26-99) 27986 - -Z ~ ~ HIGH.ND PARK lSD MAINTENANCE CENTER ~-- il ,~) "IG"~O P~K INDEPENDENT SCHOOL DISTRICT ~?~ i~ [merson Avenue ~ ~ Orossmere Stree~ I ~ldBI ~ mm .- -,~l ~ ~~ 1I ~l--lin' I ~ i m ~l_ l [ ~ O HIGHmND PARK INDEPENDENT SCHOOL DISTRICT Lovers lane_ HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT CITY OF UNIVERSITY PARK, TEXAS £OY~R$ ..------~ ~ ~,. ~ #~) HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT '. ~ #~) CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. 9 9 / 2 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, PLANNED DEVELOPMENT DISTRICT NO. 16 BY APPROVAL OF AN AMENDED SITE PLAN FOR THE ROBERT S. HYER ELEMENTARY SCHOOL AT 3920 CARUTH, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS LOTS 1-18, BLOCK 39, OF THE UNIVERSITY HEIGHTS NO. 4 ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of an amended site plan for Planned Development District No. 16 for the Robert S. Hyer Elementary School, on property described as Lots 1-18, Block 39 of the University Heights No. 4 Addition, an addition to the City of University Park, Dallas County, Texas, and more commonly kmown as 3920 Caruth. SECTION 2. That the amended site plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 16 is subject to the following special conditions: (a) That the portable buildings depicted on Exhibit "A" will be removed from the property by the property owner not later than the first day of July, 2001; (b) That within twelve months of the effective date of this ordinance, the property owner, Highland Park Independent School District, will install a traffic queuing lane on an adjacent City street right-of-way at the direction of the Director of Public Works and in accordance with standard street specifications; (c) That all previous special conditions approved in the granting of Planned Development District No. 16, as heretofore amended, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all Ordinances of the City of University Park in conflict with the provisions of this Ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this 28O31 Ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this Ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 September, 1999. APPROVED: ~ , HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, CIT~Y f~~P~PROVED AS TO FORM:f~ CITY ATTORNEY (RLD/8-30-99) Hyer P(]rk Elementory School Highlond Pork Independent School District m ORDINANCE NO. 9 9 / 2 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, SO AS TO ADD SECTIONS 15A AND 15B, "UNIVERSITY CAMPUS-3, UC-3" AND "UNIVERSITY CAMPUS-4, UC-4" DISTRICTS; AMENDING SECTION 8 TO ADD THE UC-3 AND UC-4 DISTRICTS AND PROVIDE AUTHORIZED USES; 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 said zoning change should be granted and that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding a new Section 15A to read as follows: "UC3-UNIVERSITY CAMPUS DISTRICT REGULATIONS 15A-100 Except as hereinafter provided, no land, building, structure or part thereof shall be used, erected, altered or converted for any use permitted in the UC3- University Campus District unless it is in conformity with all minimum regulations herein specified. 15A-200 GENERAL REGULATIONS Except as otherwise provided in this section, the following general provisions apply to all uses authorized in this District: (1) LOT AREA 23330 The minimum lot area requirement shall be 5,000 square feet. (2) LOT WIDTH The minimum lot width requirement shall be 50 feet. (3) LOT DEPTH The minimum lot depth requirement shall be 100 feet. (4) FRONT YARD The minimum front yard requirement shall be 25 feet except for lots abutting Dublin which shall provide a minimum front (or side) yard of 35 feet, and all buildings adjacent to Dublin must be constructed so that the front or side of such building shall face Dublin. (5) SIDE AND REAR YARDS The minimum side and rear yard requirements shall be 10 feet, except that buildings whose sides face Dublin must be set back at least 35 feet. (6) HEIGHT REGULATION The maximum building height for a building erected on a lot abutting Dublin shall be 35 feet, provided, however, that the height of such a building may be increased 1 foot for each 1 foot that the front or side yard setback from Dublin is increased, up to a maximum height of 42 feet. A building erected at a point greater than 42 feet from the west right-of-way line of Dublin shall have a maximum height of 42 feet. (7) PARKING REGULATIONS See Section 24. (8) OTHER REGULATIONS (a) See Section 8-100 et. seq. for use regulations. (b) The control of run-off water shall be maintained as provided in the Code of Ordinances of the City of University Park. (c) See Section 8-700 et. seq. for additional requirements. 23330 (d) Surface parking shall be permitted only as required by an adjacent use; no open, large parking lots shall be permitted in this District. (e) Items such as dumpsters, mechanical equipment, and loading areas, must be screened from view from any point on Dublin by a solid screening wall of sufficient height." SECTION 2. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by adding a new Section 15B to read as follows: "SECTION 15B UC4-UNIVERSITY CAMPUS DISTRICT REGULATIONS 15B-100 Except as hereinafter provided, no land, building, structure or part thereof shall be used, erected, altered or converted for any use permitted in the UC3- University Campus District unless it is in conformity with all minimum regulations herein specified. 15B-200 GENERAL REGULATIONS Except as otherwise provided in this section, the following general provisions apply to all uses authorized in this District: (1) LOT AREA The minimum lot area shall be 7,000 square feet. (2) LOT WIDTH The minimum lot width requirement shall be 50 feet. (3) LOT DEPTH The minimum lot depth requirement shall be 180 feet. (4) FRONT YARD The minimum front yard requirement shall be 25 feet. (5) SIDE AND REAR YARDS 23330 Each lot shall have a minimum side yard equal to 10% of the lot width on each side, provided that on a corner lot, the side yard adjacent to the side street shall be a minimum of ten feet or 10% of the lot width, whichever is greater. The minimum rear yard shall be 12.5 feet. (6) HEIGHT REGULATION The maximum building height shall be 35 feet. (7) PARKING REGULATIONS See Section 24. (8) OTHER REGULATIONS (a) See Section 8-100 et. seq. for use regulations. (b) Control of run-off water shall be maintained as required by the Code of Ordinances of the City of University Park. (c) Section 8-700 et. seq. for additional requirements. (d) For any use but single family residential use, an 8 foot solid screening wall shall be placed along an alley adjacent to private residential uses. (e) There shall be no rear entry access from an alley except for single family uses. (f) Only required, off-street surface parking for an adjacent use shall be permitted in the District." SECTION 3. That Section 8 of the Comprehensive Zoning Ordinance of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended, in part, so as to add two authorized districts, UC-3 and UC-4, and to designate, in accordance with the use charts contained in Section 8-100, which uses are permitted, which uses are prohibited, and which uses may be approved as specific use permits in such districts. That the additions to the use charts in Section 8 authorized for the UC3 and UC4 Districts are attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein and, upon supplementation and revision of 23330 the Comprehensive Zoning Ordinance, shall be incorporated within the use charts set out in Section 8 as provided herein. 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 ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance and Map as a whole. SECTION 6. That any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. That 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 September , 1999. 23330 HAROLD PEEK, MAYOR APPROVED AS TO FORM: CITY ATTORNEY (RLD/sgb 8/20/99) ATTEST: BOBBLE SHARP, ~ARY 23330 Def. No, 8-101 62 61 36 57 17 48 39 NO. 8-102 12 23 26 27 32 Type Use UC-1 UC-2 UC-3 UC-4 Primary Residential Uses One-family dwelling, detached One-family dwelling, attached Two-family dwelling Multi-family dwelling (Apartment) Boarding or rooming house X X Fraternity or sorority X X Hotel or motel Family home University Faculty or grad. Student housing X X X S X S X X S S Educational, Institutional & Special Uses Art gallery X or museum Church X X Clinic, medical X or dental College or university X X Community center, public X X Day nursery or kindegarten (private) X Def. Type Use UC-1 UC-2 UC-3 UC-4 No. 59 76 No. 8-103 Day nursery for university faculty or students Fraternal organization, lodge or civic club Institutions of religious or philan- thropic nature Nursing home or residence for aged School-private Library-public School-public University offices X X X S X X X S X X X X X X X S Utility, Accessory and Incidental Uses Building of county, state or federal government 46 City hall or municipal building/ facility Field or construction office (temporary) Fire station or similar public safety building Home occupation Amateur radio or CB antenna to 40 feet Amateur radio or CB antenna over 40 feet X X Subject to issuance of temporary permit by building official X X X X X X Def. Type Use UC-1 UC-2 UC-3 UC-4 No. 72 74 37 85 Radio, TV or microwave antenna or tower- commercial X X Residential TV X X dish antenna Tennis court X X (private) Tennis court X (unlighted) X Swimming pool X X (private) Telephone S S exchange Accessory bldg. Or X X use-residential Accessory bldg.- retail or commercial Accessory use to X X university X X X S X S X 2la No. 8-104 29 Cellular telephone X X antenna Video drop box Massage therapy as access, use in hair salon X Recreational and Entertainment Uses Amusement commercial (indoors) Athletic field (intramural or intercollegiate) X X S S Country club (private) Deft Type Use UC-1 UC-2 UC-3 UC-4 No. 64 Park or X X playground (public) 69 Playfield X X (public) 70 Private club X X Theater (indoor X X only) 8-105 45 Adult restricted Uses Transportation Related Uses Helistop S S 65 Parking lot for trucks and vans Parking lot or parking structure, commercial Public transportation S facility X X No. 8-106 Automobile and Related Service Uses Auto painting and body repair Auto sales and repair (in building) Gasoline service station New auto parts store Def. Type Use UC-1 UC-2 UC-3 UC-4 No. Car wash or auto laundry NO. 8-107 Retail and Service Type Uses Antique shop Bakery or confectionary shop (retail) 31 Bank or savings and loan shop Cafeteria X X Custom or self- service cleaning shop or laundry Custom personal service shop Drapery, needlework or weaving shop Drug store or pharmacy Florist or garden shop Greenhouse, plants or nursery stock (retail sales) Household appliance service or repair Mimeograph, stationery or letter shop Newsstand X X Def. Type Use UC-1 UC-2 UC-3 UC-4 NO. Office, professional administrative or service Pet shop and pet grooming facility Repair shop for appliances, TVs, etc. Restaurant without drive-in service Retail stores and shops, general sales to public Studio for photographer, musician or artist Tanning salon, second floor Telephone business Drive-in facilities for bank or savings and loan NO. 8-108 Commercial Type Uses Animal clinic or hospital (no outside pens/runs) Bakery (wholesale) Building materials sales Cabinet or upholstery shop Cleaning and dying plant (commercial) Deft Type Use UC-1 UC-2 UC-3 UC-4 NO. Job printing or newspaper printing Equipment sales and service Scientific or research laboratory X X NO. 8-109 Plumbing shops and electrical shops New Buildings or Uses Exceeding 40,000 sq.ft, or requiring more than 200 off-street parking spaces ORDINANCE NO. 9 9 / 2 R AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000; 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 1999-2000; 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, 1999, and ending September 30, 2000, 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 revenues and expenditures of the City for the fiscal year beginning October 1, 1999, and ending September 30, 2000. SECTION 2. That the sum of $26,650,$14.00 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. 27860 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 1998-99 are hereby ratified and the Budget Ordinance for 1998-99, 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 all notices and public hearings required by law have been duly 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. 27860 DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of September, 1999. APPROVED: ~ HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, C~ARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/sb 08-20-99) 27860 EXHIBIT "A" CITY OF UNIVERSITY PARK, TEXAS FY2000 PROPOSED BUDGET BY FUND AND DEPARTMENT GENERAL FUND Revenues Expenditures Building Engineering Executive Facilities Maintenance Finance Fire Human Resources Information Services Legal Parks Police Streets Swimming Pool Traffic Control Total General Fund expenditures Revenues over/(under) expenditures UTILITY FUND Revenues Expenditures Utility Office Utilities Total Utility Fund expenditures Revenue over/(under) expenditures SANITATION FUND Revenues Expenditures Revenue over/(under) expenditures DEBT SERVICE FUND Revenues Expenditures Revenue over/(under) expenditures 1997-98 1998-99 1999-2000 % Change Adopted Adopted Proposed FY99/FYO0 $14,903,611 $15,396,625 $16,002,624 3.94% 405,516 445,946 448,402 0.55% 488,100 496,443 526,647 6.08% 1,050,055 1,082,632 1,278,391 18.08% 986,210 829,098 838,575 1.14% 572,734 604,820 630,743 4.29 % 2,443,210 2,701,475 2,766,229 2.40% 194,803 237,311 245,348 3.39% 212,960 362,867 355,643 -1.99% 299,149 372,558 370,187 -0.64% 1,690,430 1,670,523 1,744,423 4.42% 3,209,432 3,333,599 3,398,082 1.93% 2,564,899 2,582,185 2,732,050 5.80% 171,559 182,500 180,000 -1.37% 603,983 519,876 532,484 2.43% $14,893,040 $15,421,833 $16,047,204 4.06% $10,571 ($25,208) ($44,580) $7,744,860 $8,180,600 $8,180,600 0.00% 3,989,787 4,015,257 4,089,945 1.86% 3,847,174 3,797,092 3,896,073 2.61% $7,836,961 $7,812,349 $7,986,018 2.22% ($92,101) $368,251 $194,582 1,867,643 1,929,100 1,929,000 -0.01% 1,982,497 1,894,836 1,993,879 5.23% ($114,854) $34,264 ($64,879) 811,381 814,313 623,413 -23.44% 811,381 814,313 623,413 -23.44% 0 0 0 TOTAL REVENUES TOTAL EXPENDITURES Revenueoved(undeOexpenditures $25,327,495 $26,320,638 $26,735,637 1.58% $25,523,879 $25,943,331 $26,650,514 2.73% ($196,384) $377,307 $85,123 BD99-00.XLS ByDptFnd 8/1/99 4:11 PM ORDINANCE NO. q q / 2 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, LEVYING THE AD VALOREM TAXES FOR THE FISCAL YEAR 1999-2000 ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF UNIVERSITY PARK AS OF JANUARY 1, 1999, 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 1999, on all taxable property, real, personal and mixed, situated within the limits of the City of University Park, Texas as of January 1, 1999, and not exempt by the Constitution of the State and valid State laws, a tax of $0.39537 on each $100.00 assessed valuation of taxable property, and such taxes shall be apportioned and distributed as follows: (A) $0.37183 on each and every $100.00 valuation of said property is hereby levied and assessed to provide revenues for maintenance and operations of City government and current expenses thereof; and (B) $0.02354 on each and every $100.00 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 to provide a redemption fund for the ultimate payment of General Obligation Refunding Bond 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 the maturity thereof; and 27861 (C) That all ad valorem taxes shall become due and payable on October 1, 1999, and all ad valorem taxes for the year shall become delinquent after January 31, 2000. That in addition to any statutory exemptions for the 1999 tax year, the City Council hereby authorizes a General Homestead Exemption of twenty percent (20%) of the assessed value and an Over Sixty-Five Years of Age Exemption of $50,000.00 on the assessed value. SECTION 3. That a delinquent tax shall incur all penalty and interest authorized by law, including a penalty of six percent (6%) on the amount of the tax for the first calendar month it is delinquent, plus one percent (1%) 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 percent (12%) 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 percent (1%) for each month or portion of a month the tax remains unpaid. Taxes that remain delinquent on July 1, 2000, incur an additional penalty of fifteen percent (15%) of the amount of the 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. 27861 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. 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, 1999. /~ APPRO]VED: HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, C~ARY F~-'~I~RO~ED AS TO-FORM: CITY ATTORNEY (RLD/sb 08-20-99) 27861 ORDINANCE NO. 99/~ ~ AN ORDINANCE OF THE CITY OF UNIVERS[I~ PARK, TEXAS, ADOPTING A PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FY 1999-2000, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, as provided in Chapter 8, Article 8.500 of the Code of Ordinances of the City of University Park, Texas, a pay plan to compensate employees of the City of University Park for FY 1999-2000 is adopted to wit: 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MIN. MARKET MAX. CHIEF OF POLICE & FIP, E DIRECTOR OF PUBLIC WORKS DIRECTOR OF FINANCE DIRECTOR OF HUMAN RESOURCES DIRECTOR OF PARKS ASSISTANT FIRE CHIEF CITY ENGINEER POLICE CAPTAIN BLDG. & ZONING ADMINISTRATOR MGi~ OF INFORMATION SERVICES UrIL1TIES SUPERINTENDENT SANITATION SUPERINTENDENT MGMT. SYSTEMS COORDINATOR ACCOUNTING MANAGER EQUIPMENT S~RVICES SUPT. CIVIL ENGINEER STREET SUPERINTENDENT UTILITY OFFICE MANAGER PURCHASING AGENT PARKS SUPERINTENDENT INFO. SERVICES SUPPORT TECH WAREHOUSE SUPERVISOR CITY SECRETARY 904 7258 8402 10032 904 7258 8402 10032 755 6312 7307 8725 677 5818 6735 8042 636 5558 6434 7683 611 5399 6250 7463 611 5399 6250 7463 594 5292 6126 7315 479 4563 5282 6307 479 4563 5282 6307 479 4563 5282 6307 432 4264 4936 5894 421 4194 4855 5797 417 4169 4826 5762 417 4169 4826 5762 406 4099 4745 5666 353 3763 4356 5201 344 3706 4290 5122 333 3636 4209 5026 332 3630 4202 5017 E318 3541 4099 4894 289 3357 3886 4640 282 3313 3835 4579 259 3167 3666 4377 NON-EXEMPT EMPLOYEES TITLE GRADE PTS. MIN. MARKET MAX. CITY MARSHAL CONSTRUCTION INSPECTOR BUILDING INSPECTOR III EQUIP. SHOP SUPERVISOR TRAFFIC SUPERVISOR MAINTENANCE SUPERVISOR BUILDING INSPF, CTOR II N 58 N58 N58 N57 N57 N57 N 57 296 3439 3981 4754 296 3439 3981 4754 296 3439 3981 4754 269 3193 3697 4414 269 3193 3697 4414 269 3193 3697 4414 269 3193 3697 4414 269 3193 3697 4414 245 2976 3445 4114 245 2976 3445 4114 245 2976 3445 4114 245 2976 3445 4114 245 2976 3445 4114 245 2976 3445 4114 245 2976 3445 4114 216 2713 3141 3751 216 2713 3141 3751 216 2713 3141 3751 216 2713 3141 3751 216 2713 3141 3751 216 2713 3141 3751 216 2713 3141 3751 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 191 2487 2879 3438 160 2207 2555 3051 160 2207 2555 3051 160 2207 2555 3051 160 2207 2555 3051 160 2207 2555 3051 160 2207 2555 3051 160 2207 2555 3051 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 143 2052 2376 2837 119 1835 2124 2536 119 1835 2124 2536 119 1835 2124 25'36 99 1653 1914 2285 99 1653 1914 2285 99 1653 1914 2285 COMM. TECH./FJ.FCTRICIAN BUILDING INSPECTOR I CODE ENFORCEMENT OFCR. ENGINEERING TECFL TRAFHC TECHNICIAN Al)MIN. ASST. - POLICE POLICE RECORDS MGR. COUR? ADMINISTRATOR FO~Y TECHNICIAN HORTICULTURIST IRRIGATION TECHNICIAN PESTICIDE TECHNICIAN EQUIP. SERVICE TECHNICIAN WELDING TECHNICIAN DATABASE ADMINISTRATOR PAYROLL CLERK HUMAN RESOURCES ASST. ACCOUNTS PAYABLE CLERK FACILITIES MAINT. TECI-~ SANITATION CREW LEADER DISPATCHER ANIMAL CONTROL OFFICER MAINTENANCE TECH II SENIOR UTILITY CLERK Al)MIN. SECRETARY SANITATION DRIVER Ill ENVIKONMENTAL INSP. MAINTENANCE ASSISTANT LUBE & TIRE TECHNICIAN SIGNS/MARKINGS TECH II LEAD CUSTODIAN MAIL/Lrl~ITY CLERK DEPUTY COURT CLERK SANITATION DRIVER II GARDENER Il MAINTENANCE TECH I WAREHOUSE ASSISTANT RECEP~ONIST SANITATION DRIVER I SIGNS/MARKInGS TECH I CUSTODIAN GARDENER I WAREHOUSE PARTS RUNNER N57 N56 N 56 N56 N 56 N 56 N56 N56 N55 N55 N55 N55 N55 N 55 N55 N 54 N 54 N 54 N 54 N 54 N 54 N 54 N 54 N 54 N 53 N 53 N 53 N 53 N53 N 53 N 53 N 52 N52 N 52 N 52 N52 N 52 N52 N 52 NS1 N51 N51 N 5O N50 N50 POLICE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT 4310 POLICE OFFICER 3288 4525 4751 3452 3625 3806 3996 FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECrIONCHIEF 4834 FIRE CAPTAIN 4275 EMS COORDINATOR 4374 DRIVER/ENGINEER 4044 DRIVERH 3869 FIREFIGHTER 3069 PAR.3uMEDIC INSPECTOR 5076 4488 3222 3383 3552 3729 $125 PER MONTH ASSIGNMENT PAY PLUS $20 FOR EACH SHIFT ASSIGNED TO MICU $25 PER MONTH ASSIGNMENT PAY PART TIME AND TEMPORARY EMPLOYEES Pay to be determined by the Director of Human Resources. 2. PAY PLAN ADMINISTRATION: (a) Non-uniformed Pay Plan. The pay plan presented herein for positions except uniformed police and fire defines the range of pay for each position in the city. There will be two steps between minimum and market, with minimum designated as Step 1 and market pay designated as Step 4, that range being designated as both a hiring and probationary range. Market pay (Step 4) of each range is considered the rate of pay for a fully trained, competent employee. There will be five steps between market pay and maximum, with maximum designated as Step 10, that range being designated for merit pay. Progression from one step to the next higher step shall be based solely on performance as approved by the department head or city nmnager and will be effective on an employee's evaluation date. Uniformed Police and Fire Pay PlatL In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance evaluation that is at least "Meets Expectations." If an employee does not meet the performance evaluation requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recogni?ec[ 3. ASSIGNMENT PAY: Paramedic and Fire Inspector positions are not specified as rank, but are designated as an assignment and receive assignment pay as follows: Paramedic Inspector $125 per month plus $20 for each shift assigned to MICU $25 per month The assignment pay will be in addition to the pay allocated for the rank at the time of assignment. For example, a firefighter assigned as paramedic will receive the pay for a firefighter pins $125 per month plns $20 for each shift assigned to the MICU. ff the employee discontinues the paramedic assignment, that employee reverts back to the previons rank and the assignment pay is discontinuec£ The same is true if the reassignment is made with cause or is in the best interest of the department Police officers assigned to CID rotation will receive assignment pay as follows: CID 5% of base pay 4. WORK EXPERIENCE PERIOD: The work experience period is one year under normal circumstances for uniformed police and fire and six months for all other employees. Nothing herein prevents the extension of a work experience period or prevents any department head from delaying or withholding pay increases for jnst and compelling 5. SHII~ DIFFERENTIAL PAY: Patrol Officers, Police Lieutenants, and Dispatchers who work the evening shift will receive an additional pay of $25 per month. Patrol Officers, Police Lieutenants, and Dispatchers who work deep night shift will receive an additional pay of $50 per montk These employees mnst maintain a performance evaluation that "Meets Expectations" in order to be eligible for the shift differential pay. 6. LONGEVITY: All 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 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 of the month. 7. EDUCATION AND CERTWICATION PAY: (a) Uniformed personnel in the Fire Department shall receive incentive pay for college education hours in Fire Protection Technology. This plan does not include the rank of Section Chief or higher except as designated below. 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. Assoc. degree or 60 hours $50.00 per month 5. Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for college education hours in Fire Protection Technology under the following plan: Bachelor's degree as recognized by the Texas Fire Commission $50.00 per month 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 order to eligible for the pay described above. In __~k~_ ~ition to the above, uniformed Fire Department personnel will be eligible for the following incentive pay for certification beyond basic: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's $75.00 per month Employees promoted to Fire Captain after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Advanced $25.00 per month 2. Master's $50.00 per month Employees promoted to Section Chief after January 1, 1997 will be eligible for incentive pay for the following certifications: 1. Master's $25.00 per month No Fire Department personnel shall receive more than $100 per month in incentive pay. (b) Patrol Officers are eligible for educational incentive pay as follows: 1. Assoc. degree or 60 hours $25.00 per month 2. Bachelor's degree $50.00 per month Police Lieutenants are eligible for educational incentive pay as follows: 1. Bachelor's degree $25.00 per month In addition to the above, Patrol Officers are eligible for certification pay incentive according to the TCLEOSE certification helt~ 1. Intermediate $25.00 per month 2. Advanced $50.00 per month Police Lieutenants are eligible for certification pay incentive according to the followin~ 1. Advanced $25.00 per month 8. MASTER POLICE OFFICER: The Master Police Officer designation is hereby established for any Patrol Officer who attains the qualifications set by the Police Department. The designation will carry a fifty dollar ($50) per month increase in salary. The qualifications for this designation are as follows: Must have been with the University Park Police Department for five (5) years or with the UP Police Department for two (2) years and hold an Advanced TCLEOSE Certification; Must maintain a performance evaluation that "Meets Expectations" for the past two years; Must not have had any preventable accidents within the last eighteen (18) months; 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; Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; Upon obtaining the Master Police Officer designation, the officer must successfully complete both basic supervision and intermediate traffic accident training; Must demonstrate proficiency with service weapons; and Must complete one Criminal Investigation school. If upon attaining the designation of lVlaster Police Officer the officer fails to maintain the above standards, the Chief of Police and Fire may remove the designation until the officer again meets the standards listed above. 9. OVERTIME PAY: Overtime pay will applied as described in Administrative Order PRS-4. 10. APPLICATION OF PAY PLAN: The pay plan, as outlined above, applies only to regular full-time employees (except for overtime provisions). 11. APPROVAL OF CHANGES IN CLASSH~ICATION: The city manager shall have authority to approve all changes in classification; however, the number of classification changes subject to his/her approval shall not exceed 10% of total employees during the fiscal year. 12. INTERPRETATION: From time to time, it may be necessmlt to interpret the pay plan for its applicability to certain unforeseen circumstances. The city manager may issue an administrative order interpreting the pay plan for specific circumstances; however, all such interpretation may be appealed to the City Council within fifteen (15) days. SECTION H This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide, provided that the pay plan to be given effect hereby shall take effect on October 1, 1999. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of September, 1999. CITY ATTORNEY MAYOR ATTEST: CITY SECRETARY ORDINANCE NO. 99/3 ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE C1TY OF UNIVERSITY PARK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNU1T~.S FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIl. OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION L Authorization of Updated Service Credits (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the 'q~MRS Act"), each member of thc Texas Municipal R~irement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1~t day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the 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 "base 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 System by 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 IL Increase in Retirement Annuities (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, 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 deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service 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 for All Urban Confiners, 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 Section. (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) Ifa 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 of its account in the municipality accumulation fund of the System BE IT FURTHER ORDAINED: Removal of Statutory Contribution Rate limit: Pursuant to Section 855.407(g) of the TMRS ACt, the City hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the System at such combined rate of the total compensation paid by the City to employees who are members of the System, as the System's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the City under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the City's account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of City's contributions. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1~t day of January 2000. DULY PASSED by the City Council ofthe City of University Park, Texas, on the 7~ day of September, 1999.APPRO~~l~&~'t4[ ~ MAYOR ~'-/~EPROVED AS ~F~O,F~I~~ CITY ATTORNEY ATFEST: CITY SECRETARY ORDINANCE NO. 9 9 / ~ 2 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 8-806(3) TO REGULATE FENCES OR WALLS IN FRONT YARDS; REPEALING 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 that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 8-806(3). to read as follows: "8-806(3) From yard Fences or walls shall not be constructed in the front yard, in from of the front wall of the main structure, except in the following circumstances: (a) Decorative metal fencing and masonry walls not exceeding five feet in height, architecturally attached to the main building and extending not more than six feet into the front yard; (b) Any edging, for flower or landscaping beds, that does not exceed twelve inches in height; (c) Retaining walls not exceeding two feet in height above the average natural grade of the front yard; (d) Masonry walls not exceeding two feet in height; or, 28044 (e) Where specifically authorized by another section of the Comprehensive Zoning Ordinance. (f) Where a special exception, after notice and public hearing, has been granted by the Board of Adjustment for property in an SF-1 zoning district of at least one acre or greater in size, if the Board believes such special exception will not be contrary to the public interest, and: (i) a site plan has been filed with an application for a special exception containing the following at a minimum: (A) a layout of the fence on the property, including all gates; (B) a description of the fence, containing the following at a minimum: (1) that the fence will be constructed of any solid material, except wood or a wood product; (2) that the fence will not exceed six feet in height above grade at any point, including gates; (3) that the fence will be constructed with openings of not less than fifty percent of the total area of the fence; (4) that the fence will be dark in color, either black or dark green; and (5) that the fence or landscape material required hereby do not create any site obstruction to a driveway, street, sidewalk or alley. (C) A landscape plan showing that the fence will be screened from view from any adjoining property by landscape materials greater than six feet in height and planted on centers close enough to maintain a complete screening of the fence at all points, and including an irrigation system for such landscape materials, with: (1) A recordable, written covenant executed by the property owner(s) that the landscape material will be irrigated and maintained at all times as a condition to continuance of the special exception; and 28044 (2) Written approval of the design of the gates in the fence by the University Park Fire Department, which design shall include a plan for access to the property through such gates in the event of fire or other emergency. (ii) In the alternative to a fence screened by landscape material, the Board may grant a special exception, subject to the applicable requirements above, for an open, wrought iron fence in an SF-1 district, on a lot of one acre or greater in size, under the following conditions: (A) The fence must be kept in an open state, that is, not screened by a landscape barrier or hedge; (B) The fence must be black or dark green wrought iron, with brick column construction; (C) The brick columns must be no greater than two feet in width; (D) The fence must be constructed with openings of not less than seventy-five percent of the total area of the fence; (E) The fence shall not exceed six feet in height above grade at any point, including gates; (F) The fence may have a brick "knee" or base wall, not exceeding two feet in height, under the wrought iron." SECTION 2. That all other ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance, 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 or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or 28044 the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 5. That 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 September, 1999. CITY ATTORNEY (RLD/sb 8-31-99) HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, C~ARY 28044 ORDINANCE NO. q q / q q AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 1998-1999 FISCAL YEAR BUDGET, ORDINANCE NO. 98/27, TO TRANSFER FUNDS FROM THE FISCAL YEAR 1999 GENERAL FUND UNRESERVED FUND BALANCE INTO THE CAPITAL PROJECTS FUND ($291,975), THE EXECUTIVE DEPARTMENT CONTINGENCY ACCOUNT ($216,889), AND THE FIRE DEPARTMENT PERSONNEL EXPENSE ACCOUNT ($71,000), AND TO TRANSFER $104,500 FROM VARIOUS INFORMATION SERVICES DEPARTMENT ACCOUNTS AND $17,372 FROM THE PC MAINTENANCE LIABILITY ACCOUNT TO 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 amend Ordinance No. 98/27 to transfer funds from the fiscal year 1999 general fund unreserved fund balance into the capital projects fund, the executive department contingency account and the fire department personnel expense account; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 98/27, the 1998-99 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to transfer $579,864 from the General Fund Unreserved Fund Balance, to the Executive Department Contingency Account in the amount of $216,889 for purchase of the property at 4421 Greenville, to the Capital Projects Fund in the amount of $291,975 for the purchase of police/fire/CAD software, and to the Fire Department Personnel Expense Account in the amount of $71,000 for payment of overtime eamings and audit fees. That Ordinance No. 98/27 be, and the same is hereby, further amended to transfer $104,500 from various Information Services Department accounts (General Fund) and $17,372 from the PC Maintenance Liability Fund (General Fund) to the Capital Projects Fund for the Project 32000 account. See Exhibit "A" attached hereto for details. That Ordinance No. 98/27 be, and the same is 27984 hereby, amended so as to give effect to such amendments and appropriations and the City Manager is directed to transfer such funds for such purposes. SECTION 2. That except as amended hereby, the FY1999 budget Ordinance No. 98/27 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 7th day of September, 1999. CITY ATTORNEY (RLD/8-26-99) APPROVED: HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, C~RY 27984 Source ~d Source description Amount Capital Projects Fund Project 32000, Public safety s/w $250,000 (already funded) Capital Projects Fund Project 11300, AS/400 s/w repl, $34,390 (remaining balance) Gen. Fund, acct. 01-2294 Reserve for PC Maintenance $17,372 Gen. Fund, acct. 01-05-3060 I/S Dept., professional services $4,500 -- Gon. Fund, acct. 01-05-7202 I/S Dept., PC software $20,000 Gen. Fund, acct. 01-05-9200 I/S Dept., midrange comp. IVw $60,000 _Gen. Fund, acct. 01-05-9201 I/S Dept., PC hardware $20,000 General Fund Un. served fund balance $291,975 Total Police/Fire/CAD software proj. $698,237 ORDINANCE NO. 9 9 / 3 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CREATING A MUNICIPAL COURT TECHNOLOGY FUND AND REQUIRING A DEFENDANT CONVICTED OF A MISDEMEANOR TO PAY A TECHNOLOGY FEE OF FOUR DOLLARS AS A COST OF COURT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Criminal Procedure authorizes the governing body of a municipality by ordinance to create a municipal court technology fund and to require a defendant convicted of a misdemeanor offense in a municipal court to pay a technology fee not to exceed Four Dollars as a cost of court; and WHEREAS, it is in the best interest of the City of University Park to create such a fund and require payment of such a fee to finance the purchase of technological enhancements for municipal court; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That there is hereby created a municipal court technology fund for the City of University Park. SECTION 2. That a defendant convicted of a misdemeanor offense in the municipal court in the City of University Park shall pay a technology fee not to exceed Four Dollars for each conviction as a cost of court. SECTION 3. For purposes of this ordinance, a person is considered if convicted if a sentence is imposed on the person, the person is placed on community supervision, including deferred adjudication community supervision, or the court defers final disposition of the person's case. SECTION 4. The municipal court clerk shall collect the costs and pay the funds to the Finance Director for deposit in a fund to be known as the "Municipal Court Technology Fund." 27717 SECTION 5. The Municipal Court Technology Fund may be used only to finance the purchase of technological enhancements for the University Park Municipal Court, including: computer systems; computer networks; computer hardware; computer software; imaging systems; electronic kiosks; electronic ticket writers; and docket management systems. SECTION 6. This ordinance shall take effect immediately from and after its passage, provided however, that the court costs imposed hereby shall apply only on conviction for an offense committed on or after September 1, 1999. Court costs for convictions for an offense committed before September 1, 1999, are covered by the law in effect at the time the offense was committed and the former law is continued in effect for that purpose. DULY PASSED by the City Council of the City of University Park, Texas, onthe 7th day of September , 1999. APPROVED: ~ ......... A~PI~OVED ASr-TO ~.'" '; CITY ATTORNEY (RLD/sgb 08/12/99) HAROLD PEEK, 1V~AYOR ATTEST: BOBBIE SHARP, C~RY 27717 ORDINANCE NO. 9 9 / 3 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF THE 4000 BLOCK OF WENTWOOD DRIVE, OR AT ANY TIME ON THE SOUTH SIDE OF THE 4000 BLOCK OF WENTWOOD DRIVE FROM PRESTON ROAD EAST TO THE POINT OF ITS INTERSECTION WITH PRESTON CENTER PLAZA; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the North side of the 4000 block of Wentwood Drive and on the south side of the 4000 block from Preston Road East to the point of its intersection with Preston Center Plaza creates an obstruction for traffic; Now, Therefore, 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 any motor vehicle at any time on the North side of the 4000 Block of Wentwood Drive, or at any time on the South side of the 4000 block of Wentwood Drive from the point of its intersection with Preston Road East to the point of its intersection with Preston Center Plaza. 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 28021 affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of September, 1999. ROVED AS TO FORM: CITY ATTORNEY (RLD/8-30-99) APPROVED: ATTEST: BOBBLE SHARP, CITY SECtRETARY 28021 ORDINANCE NO. 9 9 / 3 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 90/6, A SPECIAL SIGN DISTRICT FOR THE PLAZA AT PRESTON CENTER, BY AUTHORIZING NEW SIGNAGE FOR STOREHOUSE FURNITURE, 8300 PRESTON' ROAD, SUITE 300; 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 amendment of Ordinance No. 90/6, the special sign district for the Plaza at Preston Center, as heretofore amended; and WHEREAS, the Committee is of the opinion that such amendment will result in benefits to the public health, safety and general welfare and is in the interest of the City of University Park, and has recommended to the City Council that such amendment be approved; and WHEREAS, the City Council has provided notice and a public hearing with regard to such request and recommendation and is of the opinion and finds that such special sign district should be amended as requested; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. That the Urban Design and Development Advisory Committee has considered a request for amendment of ordinance No. 90/6, as heretofore amended, which granted a special sign district for the Plaza at Preston Center, and such amendment has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interests of the City of University Park. The City Council therefore hereby determines that ordinance No. 27863 90/6, the special sign district for the Plaza at Preston Center, as heretofore amended, should be further amended in accordance with the following sections. SECTION 2. That additional signage for the East elevation of Building A for the Storehouse Furniture, 8300 Preston Road, Suite 300, not to exceed fifty-nine square feet in area and replacing an existing sign which is twenty-seven square feet in area, shall be permitted as shown on Exhibits "A-i", "A-2" and "B" attached hereto and made part hereof for all purposes. That the construction specifications contained in Exhibit "B" are hereby adopted and incorporated herein as special conditions for such signage. SECTION 3. That any provision of Ordinance No. 90/6, as heretofore amended, in conflict with the provisions of this ordinance with regard to the signage permitted on the East elevation of Building A and all other ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in ordinance shall remain in full force and effect. conflict with the provisions of this SECTION 4. That except as amended hereby, ordinance No. 90/6, as heretofore amended, shall remain in full force and effect as the special sign district for the Plaza at Preston Center. SECTION 5. That should any word, 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 27863 ordinance as a whole, or any part of provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 6. That any person, firm or corporation violating any of the provisions or the terms 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 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 7. That 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 15 th day of CITY ATTORNEY (RLD/sb 8/20/99) September , 1999. APPROVED: ~~ HAROLD PEEK, MAYOR ATTEST: BOBBLE SHARP, CITY SECFRETARY 27863 I · I ',1.. ! ' I It F I I I I I I I ORDINANCE NO. 9 9 / 3 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE WEST SIDE OF WESTCHESTER DRIVE, FROM COLGATE NORTH TO THE ALLEY, ON SCHOOL DAYS, BETWEEN THE HOURS OF 7:00 A.M. TO 8:00 A.M. AND 3:00 P.M. TO 4:00 P.M.; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the west side of Westchester Drive, from Colgate north to the alley, on school days, between the hours of 7:00 a.m. to 8:00 a.m. and 3:00 p.m. to 4:00 p.m., creates traffic congestion and hazards to motorists and pedestrians; Now, Therefore, 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 any motor vehicle at any time on the west side of Westchester Drive, from the point of its intersection with Colgate north to the alley immediately north of Colgate, on school days, between the hours of 7:00 a.m. to 8:00 a.m. and 3:00 p.m. to 4:00 p.m. 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 pan or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. 28488 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of October, 1999. APPROVED: HAROLD PEEK, MAYOR APPROVED AS TO FORM: CITY ATTORNEY (RLD/sb 9-22-99) ATTEST: BOBBIE SHARP, CITY S~'CRETARY 28488 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. ¢} o / 3 a AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO INTEGRAL TELECOMMUNICATION NETWORKS, TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY IN, UNDER, OVER AND ACROSS STREET AND ALLEY RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK FOR THE PURPOSE OF THE INSTALLATION, USE, LEASE, SALE AND MAINTENANCE OF AERIAL, CONDUIT AND FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Integral Telecommunication Networks, its successors and assigns, hereinafter referred to as Grantee, to occupy, maintain and utilize for the purposes set out herein below, the the streets and alleys of University Park, within the limits of dedicated rights-of-way of said streets and alleys. SECTION 2. That this License is granted for a term of ten (10) years unless sooner terminated according to other terms and provisions herein contained. This License may be renewed by Grantee for two additional five (5) year terms, provided Grantee gives two (2) years' written notice to the City, subject to Council approval. Grantee shall pay the City of University Park a one- time administrative fee of $2,000 with each renewal. SECTION 3. That Grantee shall pay in Year 1 a one-time sum of One Dollar ($1.00) per linear foot of installation of new communication facilities, or $2,000, whichever is greater, and beginning in Year 2 and for the years thereafter during the term hereof, the Grantee shall pay an annual administrative fee of Two Thousand Dollars ($2,000). The one-time fee is due and payable upon the final passage of this ordinance. Grantee shall also pay One Dollar ($1.00) per linear foot (one-time fee) for installation of any additional new telecommunication facilities, or $500, whichever is greater. Such compensation shall be in addition to and exclusive of the annual fee and any other taxes or special assessments required by law to be paid by the Grantee. All sums payable to the City of University Park hereunder shall be paid to Director of Finance, City of University Park. SECTION 4. That there is hereby granted, subject to the City's prompt receipt of the required monetary compensation, to Integral Telecommunication Networks, hereinafter called "Grantee", for a term of ten (10) years plus any renewal, from passage of this revocable license ordinance (hereinafter referred to as the "License") (unless otherwise terminated as provided for herein), the non-exclusive right and privilege to have, acquire, construct, expand, reconstruct, maintain, sell and lease in, along, across, on, through, over and under the public streets, alleys, and rights-of-way of the City of University Park, a Fiber-Optics Telecommunications Network, (the "Network"), which shall be limited to audio, video, data, voice, and signaling communications services. Grantee shall not provide cable services or operate a cable system as defined in the Cable Communications Policy Act of 1992 (47 U.S.C.A. Sec. 521, et. seq., as amended) or as recognized by the Federal Communications Commission (the "FCC") and without first obtaining a separate cable franchise from the City of University Park. This license is granted to Grantee solely for the purposes stated above. This ordinance does not require Grantee to provide ubiquitous service throughout the entire city as a public service provider. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All facilities of the Grantee shall be designed and installed within City rights-of-way in accordance with the applicable City Codes and ordinances and the requirements for right-of-way/easement construction. The Grantee shall submit to the Director of Public Works detailed construction plans of all facilities to be installed within the City streets and alley rights-of-way, not less than ten (10) days prior to the commencement of said construction. The Director of Public Works shall review said plans and may require reasonable modifications in order to protect existing or anticipated public improvements or utilities. The Grantee shall then cause the appropriate public records to be modified so that other property owners or engineers investigating improvements within the rights-of-way will be notified of the location of such improvements. Any request for expansion may be denied by the City when, in the opinion of the Director of Public Works, there is insufficient room in the City rights-of-way to accommodate the expansion. The determination of the Director of Public Works shall be final. (b) The location and ronte of all conduits, fiber, cables and facilities placed and constructed by the Grantee in the construction and maintenance of the Network within the rights-of-way of City shall be subject to the lawful, reasonable and proper control and direction of the City. (c) In the event the construction or maintenance of the Network requires the temporary closing of a traffic lane or lanes, the Grantee shall notify the Director of Public Works not less than three (3) days prior to the construction or maintenance. The Director of Public Works may require the submittal of a traffic control plan (including, but not limited to barricades, signs, and solar-powered electronic 28681 (d) (e) (g) (h) message boards), and may also require that all lanes be open and available to traffic during peak traffic hours. This paragraph shall not apply to emergency repairs. The Grantee shall conduct all traffic control in accordance with the latest version of the Texas' Uniform Manual of Traffic Control Devices, as it may be amended from time to time. The Grantee shall obtain a permit from the Engineering Department of the City prior to commencing any construction, reconstruction or maintenance. Nothing contained in this ordinance shall obligate or restrict the Grantee in exercising its rights voluntarily to enter into joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies which are authorized to operate within the City. The surface of any public street, avenue, highway, alley, sidewalk, parkway or landscaped area disturbed by the Grantee in the construction or maintenance of the Network shall be restored to the satisfaction of the Director of Public Works within forty-eight (48) hours after the completion of the work. Should the City reasonably determine, within one (1) year from the date of such restoration, that such surface requires additional restoration work to place it in as good a condition as before the commencement of the work, the Grantee shall perform such additional restoration work to the reasonable satisfaction of the City. No public avenue, highway, alley, sidewalk, parkway or landscaped area shall be encumbered for a longer period than shall be reasonably necessary to execute all work. The City and the Grantee shall use all reasonable caution to avoid disturbing the facilities of the other party, but shall never charge the other entity for damages that result from accidental damage that occurs as a result of routine construction or maintenance activities unless such damage is caused by the gross negligence or willful misconduct of the other party. Upon request of the City, Grantee shall remove and abate any portion of the network or any facility that is dangerous to life or property, and in case Grantee, after notice, fails or refuses to act, the City may remove or abate the same, at the sole cost and expense of Grantee, all without compensation or liability for damages to Grantee. Grantee shall promptly restore the public streets, alleys, rights-of-way to as good a condition as before commencement of the work, to the reasonable satisfaction of the Director of Public Works. Grantee shall excavate only for the construction, installation, expansion, repair, removal, and maintenance of all or a portion of its network. 28681 SECTION 6. That this License is granted subject to the following further conditions, terms and reservations: (a) That at such time as this License is terminated or canceled for any reason whatsoever, Grantee, upon orders issued by the City, acting through its City Manager, shall remove all installations, improvements and appurtenances owned by it, situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. In the event, upon termination of this License, Grantee shall fail to remove its installations, improvements and appurtenances and to restore the licensed area in compliance with orders issued by the City, or such work is not done to the satisfaction of the City Manager, then in either event the City shall have the right to do all work necessary to restore said area to its former condition, normal wear and tear excepted, or cause such work to be done, and to assess the cost of all such work against Grantee; in neither event shall the City be liable to Grantee on account thereof. (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the license area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than one hundred eighty (180) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City one hundred eighty (180) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachments from said area at Grantee's expense. Failure to do so shall subject Grantee to the provisions contained in Subsection (a) above. All work shall be done at the sole cost of Grantee and to the reasonable satisfaction of the City Manager of the City, or his designee. (c) It is further understood that if and when the City of University Park, in the exercise of its discretion, shall determine that the grade of any street, alley, sidewalk or parkway should be modified or changed, or that any other work should be done in connection with any public improvement which will affect the licensed area, and/or any of Grantee's installations and improvements thereon, any modifications or changes in construction or reconstruction of any public improvements thereon, shall be made at the sole expense of Grantee and to the satisfaction of the Director of Public Works of the City of University Park. 28681 (d) INSURANCE. (1) (2) Grantee shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and their limits when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. Subject to Grantee's right to maintain reasonable deductibles in such amounts as are approved by the City, Grantee shall obtain and maintain in full force and effect for the duration of this license, and any extension or renewal thereof, at Grantee's sole expense, insurance policy coverage in the following type and minimum amounts: Worker's Compensation and Employer's Statutory Liability $100,000/500,000/100,000 Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 per occurrence or its equivalent (iii) Products/Completed Operations (iv) Personal Injury (v) Contractual liability (vi) Explosion, collapse, and underground property damage 28681 (3) (4) Co Do Comprehensive Automobile Insurance coverage for loading and unloading hazards, for: (i) Owned/Leased automobiles - Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Non-Owned Automobiles Combined Single Limit for Bodily Injury and Property Damage Liability - $1,000,000 per occurrence or its equivalent (iii) Hired Automobiles Unless otherwise provided, the minimum coverage shall be: $1,000,000.00 - Bodily Injury or Death, Per Occurrence $1,000,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following required provisions: Name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; Bo Provide for forty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. Provide for notice to the City Secretary by certified mail; and Do Provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the Indenmity, Section 6(f) of this license ordinance, shall be 28681 (t) As a condition hereof, Grantee agrees and is bound to indemnify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, lease, sale, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its fiber optic communications cable or conduit located within public rights-of-way pursuant to this license that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility installed within said rights-of-way, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities and whether such damage is due to flooding, infiltration, backflow and/or seepage caused from the failure of any such installation, natural causes, or any other cause. (g) This license is subject to any existing utilities or communication facilities, including drainage, presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. It is the intent of the foregoing that this permission herein is made expressly subject to the utilization of the licensed area for communication and utility purposes, both public and private, including drainage, over, under, through, across and along the hereinabove described rights-of-way. No buildings shall be constructed or placed upon, over or across the licensed area in such a manner to interfere with the operation of any utilities and communication facilities. All and any communication companies and utilities, both public and private, shall have the right to remove and keep removed all or parts of any buildings which may in any way endanger or interfere with the construction, maintenance or efficiency of its respective systems within the licensed area, and all communication companies and utilities, both public and private, shall at all times have the full right of ingress and egress to or from and upon the said licensed area for the purpose of constructing, relocating, inspecting, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within 28681 (e) underwritten by contractual coverage sufficient to include such obligations within applicable policies. (5) The insurance policies obtained by Grantee in compliance with this Section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. (6) Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. (7) The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. (8) Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry said insurance at its expense, and shall furnish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. 28681 six (6) months after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 9. That this license may not be assigned without prior written approval from the City Manager, or his designee. Such assignment shall recite that it is subject to the terms, restrictions, and conditions contained in this ordinance. The assignee shall deliver a copy of the assignment, along with the assignee's written acceptance of the provisions of this ordinance to the City Secretary within ten (10) days of such assignment. Should Grantee fail to obtain prior approval for assignment of this license or fail to provide the City of University Park with the required written acceptance and a copy of the assignment, the City Manager may terminate this license. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recording in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. SECTION 11. That this ordinance shall take effect from and after its passage as the law and charter in such cases provide. day of DULY PASSED by the City Council of the City of University Park, Texas on this the 5 th October , 1999. APPROVED: HAROLD PEEK, MAYOR CITY ATTORNEY (RLD, 9-30-99) DULY RECORDED: BOBBIE SHARP, RY 28681 ORDINANCE NO. 9 9 / 3 9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING ARTICLE 10.301 TO PROVIDE DUTIES OF THE DIRECTOR OF PUBLIC WORKS RELATIVE TO TRAFFIC IN A CONSTRUCTION OR MAINTENANCE WORK ZONE; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO INSTALL OFFICIAL TRAFFIC CONTROL DEVICES AS DEEMED NECESSARY FOR REGULATION OF TRAFFIC IN A CONSTRUCTION OR MAINTENANCE WORK ZONE; REQUIRING THAT SUCH SIGNS CONFORM TO THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS; 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 HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDED THAT THE MINIMUM AND MAXIMUM FINE MAY BE INCREASED AS PROVIDED BY STATE LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, construction or maintenance activities on the public streets of the City cause disruption, inconvenience and delays in travel as well as adding to existing traffic hazards; and WHEREAS, the City Council is of the opinion and finds that authority to determine and install official traffic control devices during such construction or maintenance activities should be delegated 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 the Code of Ordinances of the City of University Park, as heretofore amended be, and the same is hereby, amended by adding Article 10.301 to read as follows: "ARTICLE 10.301 DUTIES OF DIRECTOR OF PUBLIC WORKS RELATIVE TO TRAFFIC IN A CONSTRUCTION OF MAINTENANCE WORK ZONE (a) For purposes of this article, Director of Public Works shall mean the person occupying that position as appointed by the City Manager. "Construction or maintenance work zone" shall mean a portion of a street where construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Unifoml Traffic Control Devices and that is marked by one or more signs indicating that it is a construction or maintenance work zone. 29517 (b) That authority is hereby delegated to the Director of Public Works to establish temporary traffic regulations necessary for a construction or maintenance work zone. The Director of Public Works shall promulgate a list of approved and required traffic control devices and warning signs as may be necessary to eliminate or reduce traffic hazards in such zone during the period of construction or maintenance activities. All such signs shall conform to the Texas Manual on Uniform Traffic Control Devices for Streets and Highways as required by Article 10.200. (c) The traffic control devices, regulations and warnings promulgated by the Director shall be effective until the construction or maintenance activities have been completed or until the Director determines they are no longer necessary for the conditions existing. (d) It shall be the duty of the police department to enforce all such official traffic control devices as may be promulgated by the Director and erected in accordance with the Uniform Manual. (e) No such regulations promulgated by the Director shall be effective until signs giving notice thereof are posted on or at the entrance to the street or part of the construction or maintenance zone as may be most appropriate. Once such signs have been promulgated and erected as required by law, it shall be an offense for any person to perform an act prohibited or to fail to perform an act required by such traffic control devices. (f) The Director is specifically authorized hereby to erect signs which require traffic to detour in a certain direction, require traffic to observe a one-way street or do not enter sign, regulate speed or traffic in such zone, or any other official traffic control device as defined by Section 541.304 of the Texas Transportation Code and authorized by the Uniform Manual. (g) If a violation of a sign erected by the Director under the authority of this article is committed in a construction or maintenance work zone when workers are present, the minimum fine applicable to the offense may be twice the minimum fine that would be applicable to the offense if it were committed outside the zone, and the maximum fine applicable to the offense may be twice the maximum fine that would be applicable if the offense were committed outside the zone." SECTION 2. That all other 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 29517 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 Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 4. That any person violating any of the provisions of this ordinance or the traffic control devices authorized hereby shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court, shall be fined in an amount not to exceed the Two Hundred ($200.00) Dollars for each offense, provided that the fine for an offense in a construction or maintenance work zone may be increased as provided herein and by Section 542.404 of the Texas Transportation Code. SECTION 5. That 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 17 th day of November, 1999. /~ APPROVED: HAROLD PEEK, MAYOR ATTEST: Q'"~~ROVED AS TO{'[:,O~ ('~' CITY ATTORNEYtRLI)/sb 11/4/99) BOBBIE SHARP, CITY SE~2RETARY 29517 ORDINANCE NO... 9 9 / 4 0 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 APPROVED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 2-R, PD-2R, FOR THE GORDO'S RESTAURANT, 4301 LOVERS LANE, UNIVERSITY PARK, DALLAS COUNTY, TEXAS; 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 be, as heretofore amended, be, and the same is hereby, amended by amending the approved site plan for Planned Development District No. 2-R, in part, to allow a 275 square foot addition on the Gordo's Restaurant property, commonly known as 4301 Lovers Lane, University Park, Dallas County, Texas. That said amended site plan is attached hereto as Exhibit "A" and made a part hereof for all purposes. SECTION 2. That the approval of the amended site plan is subject to the following special conditions: The amendment is for the enclosure of a portion of an existing outside eating area of approximately 275 square feet. 29223 2. The addition encloses existing seating areas and will not add additional seats or tables. 3. The total seating will not exceed 108 seats. 4. This amendment is subject to a parking lease agreement between the property owner and the adjacent property owner for parking in the evening hours. 5. That except as modified hereby, the site plan and special conditions applicable to PD-2R will continue in full force and effect. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be subject ~o the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 6. That 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 November ,1999. ~-A-R~ P [R~VED AS T-O FORM: ~i CITY ATTORNEY (RLD/sb 10-26-99) APPROVED:/~e~ MAYOR ATTEST: CITY SECRETARY EXHIBIT "A" ® ~) Douglas Renovation of Gordo's Restaurant 4301 Lovers Lane Blaik Design Scrviccs 60U Goliad Renovation of Gordo's Restaurant 4301 Lovers Lane University Park, Texas Blaik Ritchie De~l ~c~ Dallas, T~3~ 7520~ Ph: 214.827.0504 4 ORDINANCE NO. 9 9 / 41 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVAL OF AN AMENDED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 23, TO ADD THE PROPERTY DESCRIBED AS LOTS O AND E IN EXHIBIT "A" ATTACHED HERETO, HERETOFORE GRANTED BY ORDINANCE NO. 99/16; 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 the City Council of the City of University Park is of the opinion 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 by Ordinance No. 99/16, be, and the same are hereby, amended by approval of an amended site plan for Planned Development District No. 23 for Southern Methodist University, to add Lots O and E, described in Exhibit "A" attached hereto and made a part hereof for all purposes, such property being located in the City of University Park, Dallas County, Texas. SECTION 2. That the amended site plan authorizing addition of Lots O and E is attached hereto as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. 29079 That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 23 is subject to the following special conditions: (a) That all previous special conditions approved in the granting of Planned Development DistrictNo. 23 shall remain in full force and effect, except as specifically amended hereby. (b) That Lots O and E may be used for a surface parking lot for non-commercialmotor vehicles incidental to a university use, provided that Lot E may also be used for the SMU Observatory. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional,illegal or invalid. SECTION 6. That any person, firm or corporationviolating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand 29079 ($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. That 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, 1999. APPRQVED:/<~C,~ .~ HAROLD PEEK, MAYOR ATTEST: BOBBIE SHARP, CITY SECR~ETARY r'---"-"-'--APPROVED A~rT,,O F,O~ CITY ATTORNEY (RLD/10-19-99) 29079 / / / ~off~r oF DANIEL A V~. BEGINNING ~ _ -LOt O~ I~ I ~ · lz, 704 SO. FT. ~ OR 0~29I ? ACRE~2 /_ £GEND · CON~£ ~NG ' tZNMN£*--~ POIN ? OF- I~£GINNIAI~ LOT E 67,670~. T. ~.S512 ACRES / / / / / -/ 80 GRAPHIC SCALE O 30 80 120 ( IN FEET ) 1 inch = EXHIBIT 1.5512 ACRES PART OF $~JTHERN METHODIST UNIVERSITY ,,IEF'F~SON 'RU. IEY SL~y. ~ACT ~ I~ FIIJE 19o.869 05/13 '99 10:40 ID:RL G'OODSOIq FP~:214 739 6354 PAGE 2 LOT ~ LEGAL DESCRIFrION Being a tract or parcel of land situated in the Jefferson Tilley Survey. Abstract Number 1480 in the City of Un/versity Park. DaUas County Texas, and being part of thc Southern Method/st University Addition, an addition to thc City of University Park, Texas as shown on ~e pht recorded in Volume 611, Page 559 of thc Map Records of Dallas Count~' Texas. and being more ~rficularly de~ribed as follows: BEGINNING at a poim in thc south line o£ Danic! Avenue (a 50' right.of-way), said point also being South 89°11'26" West a distance of 841.77' from the northeast comer of said Southern Methodis~ Universi .ty Addition; THENCE North 89~I 1'26" East along the common linc between said Dan/el Avenue and sa/d Southern Mcchod/st Univers/ty Add/t/on, a d/stance of 157.3 l' to a point for comer, THENCE South 00~34'16'' ~ a d/stance of 81.09' w a po/nt for comer', THENCE South 89°25'44~ We, st, a d/stance of 157.31' to a ix)mt for comer, THENCE North 00o34' 16" Wcst~. a distance o£ 80.43' to the POINT OF BEGINNi~G and conta/n/ng I2,704 square feet or 0,2917 acres of land more or less. LOT E Being a tract or parcel of land situat~ in ~he Jefferson Tillcy Survey, Abstract Number 1480 in thc Ci~ of Universi~ Park, Dallas County Texas, and being part of the Southern Methodsl University Addition, an addRion to the City of Univa, sity Park, Texas as shown on the plat recorded in Volume 61 I, Page 559 of thc Map Records of D~lhs County Texas, and being more particularly deacribed as follows: .BEGINNING at a point in thc ~outh line of Daniel Avenue (a .50' fight-of, way), said point also being South 89°11'26' West a distance of 684.46' from the northeast comer of said Southern Methodist THENCE North 89°11'26" East along thc common line between said Daniel Avenue and said Southern Mahcdist Univcrsky Addition, a distance of 192.78' to a poini for comer;, THENCE South 00°34'16'' F. asl, a distance of 350.92' to a poim for comer, THENCE South 89°25'~4'' We~ a disumcc of 192.78' to a point for comer,, THENCE North 00034, 16" West, a distance of 350. I 1' to rite POINT OF BEGINNING and conugigng 67,570 square feet or i,$512 acres of land more or less. ORDINANCE NO. 99/4 2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE 1999-2000 FISCAL YEAR BUDGET, ORDINANCE NO. 99/28, TO CARRY FORWARD ENCUMBRANCES FROM THE 1998-99 FISCAL YEAR BUDGET, INCLUDING TOTAL GENERAL FUND ENCUMBRANCES OF $418,743.61, UTILITY FUND ENCUMBRANCES OF $212,443.91 AND SANITATION FUND ENCUMBRANCES OF $4,970.18; AMENDING ORDINANCE NO. 99/28 TO TRANSFER FUNDS FROM THE FISCAL YEAR 2000 GENERAL FUND AND UTILITY FUND INTO 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 amend Ordinance No. 99/28 to carry forward encumbrances of funds from the 1998-99 fiscal year budget and to transfer funds from the fiscal year 2000 general fund and utility fund into the capital projects fund; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 99/28, the 1999-2000 fiscal year budget ordinance of the City of University Park, Texas, be, and the same is hereby, amended to carry forward, to the 1999-2000 fiscal year, encumbrances authorized in the 1998-1999 budget but not funded during such fiscal year. That a complete listing of such encumbrances as they existed as of the beginning of the current fiscal year is attached hereto as Exhibit "A" and made a part hereof for all purposes. That all of such encumbrances, totaling $418,743.61 of general fund encumbrances, $212,443.91 of utility fund encumbrances, and $4,970.18 sanitation fund encumbrances be, and the same are hereby, approved and carried forward into and made a part of the 1999-2000 fiscal year budget of the City. SECTION 2. That a general fund appropriation in the amount of $2,008.000 and a utility fund appropriation in the amount of $1,649,500.00 are hereby made to be designated for the capital 29295 projects fund, and to used for the projects listed in Exhibit "B" attached hereto and made a part hereof for all purposes. That Ordinance No. 99/28 be, and the same is hereby, further amended so as to give effect to such appropriations and the City Manager is directed to transfer such funds from the general fund and utility fund, respectively, to the capital projects fund. 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, 1999. APPROVED: MAYOR ATTEST: (~_____A_PPROVED AS TO CITY ATTORNEY (RLD/sgb 10-27-99) CITY SECRETARY 29295 EXHIBIT "A" CITY OF UNIVERSITY PARK ENCUMBRANCES TO BE CARRIED FORWARD AT 9/30/99 ACCOUNT NUMBER ACCOUNT DESCRIPTION 1998-99 ENCUMBR. CARRYFWD. VENDORS GENERAL FUND ENCUMBRANCES EXECUTIVE DEPARTMENT 01 - 02 - 3060 PROFESSIONAL SERVICES 01 - 02 - 3060 PROFESSIONAL SERVICES TOTAL EXECUTIVE DEPT. 500.00 400.00 900.00 INFORMATION SERVICES DEPT. 01-05 - 2318 01-05 -3060 01-05 -3060 01-05 -4120 01-05 - 7170 01-05 -7202 01~05 -7202 01-05 -9200 01-05 -9200 01-05 - 9201 01-05 -9201 01-05 -9201 01-05 -9201 COMPUTER SUPPLIES PROFESSIONAL SERVICES PROFESSIONAL SERVICES TELEPHONE SERVICE TRAVEL EXPENSE MICRO COMPUTER SOFTWARE MICRO COMPUTER SOFTVVARE MID RANGE COMPUTER EQUIP MID RANGE COMPUTER EQUIP MICRO COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT TOTAL INFORMATION SVCS. DEPT. 1,940.34 20,600.00 5,000.00 30,000.00 3,000.00 3,584.50 18,999.00 5,000.00 1,300.00 29,291.00 852.51 17,000.00 2,614.00 139,181.35 LEGAL DEPARTMENT 01 - 10 - 9202 MID RANGE COMPUTER PROG. TOTAL LEGAL DEPARTMENT 71,250.00 71,250.00 BUILDING DEPARTMENT 01 - 19 - 7202 MICRO COMPUTER SOFTWARE 01 - 19 - 7240 TUITION & TRAINING 01 - 19 - 9201 MICRO COMPUTER EQUIPMENT TOTAL BUILDING DEPT. 3,398.00 1,000.00 16,380.52 20,778.52 ENGINEERING DEPARTMENT 01 - 20 - 3060 PROFESSIONAL SERVICES 01 - 20 - 6200 EQUIP REPAIRS/NON VEHICLE 26,631.09 686.56 MARl MADISON MARl MADISON CDW-G NETWORK SERVICE IMPACT RESOURCES INTEGRAL HTE, INC CDW-G DEPT OF INFOR SVCS IBM INTERMATE DELL CDW-G HTE, INC. COURT SPECIALIST COURT SPECIALIST IMPACT RESOURCES INTERGRAPH CORP EASE CT IMPACT RESOURCES THOMAS REPROGRAPHICS s:~arndencum.xls ACCOUNT NUMBER ACCOUNTDESCRIP~ON 199~99 ENCUMBR. CARRYFWD. VENDORS 01 - 20 - 7202 MICRO COMPUTER SOFTWARE 01 - 20 - 7240 TUITION & TRAINING TOTAL ENGINEERING DEPT. 571.00 14,700.00 42,588.65 TRAFFIC DEPARTMENT 01-25 -2350 SUPPLIES & MATERIALS TOTAL TRAFFIC DEPT. 3,950.00 3,950.00 FACILITY MAINTENANCE DEPT 01-35 - 3115 01-35 - 3115 01-35 -3115 01-35 - 3115 01-35 - 6250 01-35 -6250 01-35 -6250 01-35 - 6250 01-35 01-35 01-35 01-35 01-35 01-35 01-35 TOTAL CONTRACT MAINTENANCE CONTRACT MAINTENANCE CONTRACT MAINTENANCE CONTRACT MAINTENANCE FACILITY MAINT & REPAIR FACILITY MAINT & REPAIR FACILITY MAINT & REPAIR FACILITY MAINT & REPAIR - 9910 OFFICE FURNITURE - 9950 - 9950 - 9950 - 9950 - 9950 REMODELING PROJECTS REMODELING PROJECTS REMODELING PROJECTS REMODELING PROJECTS REMODELING PROJECTS - 9962 CONSTRUCTION START-UP FACILITY MAINT. DEPT. 1,715.00 2,520.00 3,333.00 550.00 1,167.00 740.00 10,000.00 2,895.00 668.88 970.00 11,000.00 13,454.00 17,055.00 13,108.41 1,710.00 80,886.29 FIRE DEPARTMENT 01-40 -2060 01-40 -6200 01-40 - 6330 01-40 - 9201 01-40 - 9910 PROTECTIVE CLOTHING & SUPPLIES EQUIP REPAIRS/NON VEHICLE RADIO SERVICE MICRO COMPUTE EQUIPMENT OFFICE FUNITURE TOTAL FIRE DEPT. 1,150.00 1,710.75 430.60 2,227.0O 2,833.80 8,352.15 POLICE DEPARTMENT 01-50 - 2350 01-50 -3075 01-50 - 3291 01-50 - 9111 01-50 -9201 01-50 -9205 SUPPLLIES & MATERIALS DIRECT ALARM MONITORING GUNS/EQUIPMENT RADAR EQUIIPMENT MICRO COMPUTER EQUIPMENT CAMERA EQUIPMENT 500.00 13,040.00 449.30 14,444.00 2,227.00 3,000.00 CAD VISION INTERGRAPH CORP CENTERLINE SUPPLY DOVER ELEVATOR JOHNSON CONTROL REAL CLEAN LADEW FIRE PROT. FITNESSINM JOHNSON CO. BAILEY GLOBALSHEP. TEXAS FURNITURE LIBERTY SPECIALIST J.I,F.C.O, ACTION DOOR LATHAM ROOF BAILEY BT MILLER OFFICE WAYEST AIR CLEANING MOTOROLA DEPT. OFINFOR. SVCS. FITNESS IN MOTION MARTIN SECURITY GT DISTRIBUTORS KUSTOM SIG DEPT. OF INFOR. SVCS. ED KELLUM s:~amdencum.xlsTOTAL POLICE DEPT. 2 33,660.30 ACCOUNT NUMBER ACCOUNT DESCRIPTION 199~99 ENCUMBR. CARRYFWD. VENDORS 01-70 -2381 01-70 -2381 01-70 -3060 01-70 -6205 01-70 -6205 PARK DEPARTMENT 01-70 - 6380 01-70 -6380 01-70 -6380 01-70 -9201 FERTILIZER, CHEMICALS & SUPPLIES FERTILIZER, CHEMICALS & SUPPLIES PROFESSIONAL SERVICES PARK FACILITY REPAIR PARK FACILITY REPAIR FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS FLOWERS, TREES & SHRUBS MICRO COMPUTER EQUIP TOTAL PARK DEPARTMENT TOTAL GENERAL PUND ENCUMBRANCES 9/30FJ9 1,503.00 2,967.30 1,900.00 2,473.50 2,132.00 1,222.05 420.00 1,562.50 3,016.00 17,196.35 418,743.61 UTILITY FUND ENCUMBRANCES UTILITIES DEPARTMENT 02-22 -3060 02-22 -3060 02-22 -6355 02-22 - 6355 02-22 -7240 02-22 -9201 02-22 -9201 02-22 -9910 PROFESSIONAL SERVICES PROFESSIONAL SERVICES UTILITY MAIN MAINTENANCE UTILITY MAIN MAINTENANCE TUITION & TRAINING MICRO COMPUTER EQUIPMENT MICRO COMPUTER EQUIPMENT OFFICE FURNITURE TOTAL UTILITIES DEPT. EXPENDITURES TOTAL UTILITY FUND ENCUMBRANCES 131,000.00 5,275.00 500.00 56,559.66 2,125.60 4,524.00 12,000.00 459.65 212,443.91 212,443.91 SANITATION DEPARTMENT 04- 60 - 7601 HAZARDOUS WASTE SERVICE TOTAL SANITATION FUND 4,970.18 4,970.18 LIVING EARTH UNITED HORT. MCCOY TREE SERVICE LIGHTENING A-1 GRASS NORTH HAVEN GARDENS Y-C NURSERY GREEN LAKE NURSERY DELL IMPACT RESOURCES O & P ENGINEERING GRIFFITH US FILTER IMPACT RESOURCES DELL MIDWEST TEXAS FURNITURE COUNTY CLERK s:~arndencum.xls EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY2000 BUDGETED CAPITAL PROJECTS B Y FUND ACCTNO ACCOUNT NAME FUND GENERAL UTILITY PROJ NO PROJECT NAME 01-02-7153 01-80-6371 01-80-9582 01-80-9800 02-22-6365 02-22-9801 02-22-9990 TRANSFER FROM EXEC. DEPT REPAVING OUTSIDE CONTRACT CURB AND GUTTER ALLEY REPLACEMENT PROJ. FIRE HYDRANT/LINE INSTALL LINE REPLACEMENT PROJ INFRASTRUCTURE TOTAL BOTH FUNDS 750,000 49910 460,000 42660 500,000 42960 298,000 49930 123,500 44150 1,450,000 49930 76,000 44440 $ 2,008,000 $ 3,657,500 $ 1,649,500 GENERAL FUND PROJECTS ASPHALT OVERLAY PROGRAM FY99 CURB & GUTTER REPLACE. FY99 MILE-PER-YEAR PROJECTS FIRE HYDRANT INSTALL. FY99 MILE-PER-YEAR PROJECTS SMU 12' WATER LINE FyOOamnd. xls FY99 PROJECTS 10/27/99 EXHIBIT "B" CITY OF UNIVERSITY PARK, TEXAS FY2000 BUDGETED CAPITAL PROJECTS B Y FUND ACCTNO ACCOUNT NAME FUND GENERAL UTILITY PROJ NO PROJECT NAME 01-02-7153 01-80-6371 01-80-9582 01-80-9800 02-22-6365 02-22-9801 02-22-9990 TRANSFER FROM EXEC. DEPT REPAVING OUTSIDE CONTRACT CURB AND GUTTER ALLEY REPLACEMENT PROJ. FIRE HYDRANT/LINE INSTALL LINE REPLACEMENT PROJ INFRASTRUCTURE TOTAL BOTH FUNDS 750,000 49910 460,000 42660 500,000 42960 298,000 49930 123,500 44150 1,450,000 49930 76,000 44440 $ 2,008,000 $ 1,649,500 $ 3,657,500 GENERAL FUND PROJECTS ASPHALT OVERLAY PROGRAM FY99 CURB & GUTTER REPLACE. FY99 MILE-PER-YEAR PROJECTS FIRE HYDRANT INSTALL. FY99 MILE-PER-YEAR PROJECTS SMU 12' WATER LINE FyOOamnd. xls FYg~ PROJECTS 10/27/99 ORDINANCE NO. 9 9 / 4 3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 99/30, THE PAY PLAN FOR EMPLOYEES OF THE CITY OF UNIVERSITY PARK FOR FISCAL YEAR 1999-2000, BY DELETING THE OFFICE OF ASSISTANT FIRE CHIEF AND ADDING THE OFFICES OF FIRE CHIEF AND CHIEF OF POLICE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 99/30, is hereby amended to delete the office of Assistant Fire Chief and to add the office of Chief of Police and the office of Fire Chief to read as follows, to wit: "1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES Chief of Police Fire Chief EXEMPT EMPLOYEES POINTS STEP 1 STEP 2 STEP 3 STEP4 STEP 5 E 732 6166 6474 6798 7138 7352 E 732 6166 6474 6798 7138 7352 EXEMPT EMPLOYEES STEP 6 STEP 7 STEP8 STEP 9 STEP 10 Chief of Police 7572 7799 8033 8274 8522 Fire Chief 7572 7799 8033 8274 8522 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 2nd day of November, 1999. CITY ATTORNEY (RLD/sb 10/26/99) APPROVED: MAYOR ATTEST: CITY SECRETARY ORDINANCE NO. 9.c~' / 4 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVAL OF AN AMENDED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17, FOR THE PROPERTY COMMONLY KNOWN AS 4220 EMERSON AND 7015 WESTCHESTER, HERETOFORE GRANTED BY ORDINANCE NO. 91/28; AUTHORIZING ADDITIONS OF PERMANENT BUILDINGS OF 120,985 SQUARE FEET IN AREA; 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 the City Council of the City of University Park is of the opinion 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 site plan for a portion of Planned Development District No. 17 for the Highland Park High School, on property commonly known as 4220 Emerson and 7015 Westchester, as heretofore granted by Ordinance No. 91/28, such property being located in the City of University Park, Dallas County, Texas. SECTION 2. That the amended site plan authorizing addition of permanent building additions of 83,939 square feet to the first floor and 37,046 square feet to the second floor is attached hereto as Exhibit "A" and made a part hereof for all purposes, the same as if fully copied 30225 herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 17 is subject to the following special conditions: (a) The school district will execute an interim parking plan, approved and incorporated herein by reference, during construction and prior to completion of its new parking garage, for parking displaced by construction of these improvements; and, (b) That all previous special conditions approved in the granting of Planned Development District No. 17, as heretofore amended, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, and upon conviction in the municipal court of the City of 30225 University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 15th day of December, 1999. (~'---'"a.~PROVED AS, TOCF~D~.'''~ CITY ATTORNEY (~D/12-6-99) APPROVED:r~&,,/~ HAROLD PEEK, MAYOR ATTEST: BOBBLE SHARP, C~ARY 30225 EXHIBIT "A" L II ~ H~GHLAND PARK HIGH SCHOOL ~ ~, H~GH~ND PARK INDEPENDENT SCHOOL DISTRICT ~e iiil;t HIGHLAND PARK HIGH SCHOOL ' l ~ f ,I,,i~i sc.oo[ till' i DALLAS, TEXAS r~ [ , BE ~~ BE'~ ~ _~ _ ~ ~ I~ J~ till'i'll~ HIGH'ND PARK HIGH SCHOOL ~" [ ~- mi j[i H~"~"~ PARK INDEPEnDEnT SCHOOL OlSTRICT ~ i]t~ j DALES, T~S l~ ;I ~J~.,~ ii!il HIGHLAND PARK HIGH SCHOOL ~ > HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT ,z ~ ; i !!ii ~-~ HIGHLAND PARK HIGH SCHOOL iii! ~! HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT i~l,i DALLAS, TEXAS m m -- ~ z ~ ~ ~ , m , :~ ,~ z ~Z - ~ z ~ _z ~ ,-- ~z - ~ ~ -=- ,~/~_ - ~_ - - ;jilJ~ HIGH.ND PARK HIGH SCHOOL ,. m. ~1,;' ,, j~i' HIGH.ND PARK INDEPENDENT SCHOOL DISTRICT ~ . iJ"'i DALES, T~S ORDINANCE NO. 9 9 / 4 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING PLANNED DEVELOPMENT DISTRICT NO. 25 FOR HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR PROPERTY IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO AND MADE PART HEREOF; PROVIDING SPECIAL CONDITIONS; GRANTING A CHANGE OF ZONING TO SINGLE FAMILY I (SF-1) RESIDENTIAL DISTRICT CLASSIFICATION ON THE PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "B' ATTACHED HERETO AND MADE PART HEREOF; APPROVING THE SITE PLAN FOR PD-25 ATTACHED HERETO AS EXHIBIT "C" AND MADE PART HEREOF; 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 Comprehemive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of Planned Development District No. 25 for the Highland Park Independent School District on the property described in Exhibit "A" attached hereto and made part hereof for all purposes, the same as if fully copied herein. 30310 SECTION 2. That the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, as heretofore amended, be, and the same are hereby, further amended so as to grant a change of zoning to Single Family 1 (SF-1) zoning district classification on the property described in Exhibit "B", attached hereto and made part hereof for all purposes, the same as if fully copied herein, SECTION 3. That the detailed site plan setting forth the land uses proposed for the property zoned hereby for PD-25 is attached hereto as Exhibit "C" and made a part hereof for all purposes, the same as if fully copied herein. That such site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 4. That the granting of Planned Development District No. 25 is subject to the following special conditions: A. Development of the property shall be in accordance with the approved site plan and all provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. B. Conditions for development of the Highland Park Independent School District ("District") portion of the Planned Development, as shown on the approved site plan, will be as follows: 1. o 75 degree angle or less parking spaces shall be provided in the District's parking garage, except for the top floor where 90 degree spaces will be permitted; The District shall provide 1277 total parking spaces in the garage and at other on- site locations on the high school property. No more than 50 of the spaces in the garage shall be designated compact; 30310 ge o 10. 11. Design of the parking garage facility will be of the same architectural style as the Highland Park High School. Renderings illustrating that design will be submitted as part of the plan package and incorporated herein by reference when received and approved by the City Council; The District will construct the parking garage so that there are no openings below fourteen feet (14') above grade in the wall along the Glenwick/Emersonalley right- of- way on the south side of the building. The garage is to be of the same design and brick materials used for the existing high school. The garage will meet all requirements of the University Park Fire Marshal for access for firefighters and fire fighting equipment; Lighting for the ball field and tennis courts shown on the site plan is not permitted; Lighting for general illumination and security purposes shall be of a type and design that does not allow ambient light to extend beyond the property line; The landscape plan shall be modified to move the tennis courts five feet to the east, to allow additional landscaping on the Westchester side of the courts. The plan shall include additional landscaping, consisting of specimen trees, on the first and third base sides of the ball field. Landscaping will be provided along the GlenwickJEmerson alley on the south side of the garage in accordance with the approved landscape plan; "Chain-link" fencing, poles and related fixtures on the tennis courts and ball field shall be coated with either black or dark green plastic; The District shall provide the Building and Zoning Administrator of the City of University Park original, recordable copies of the Agreements between the YMCA and Highland Park Educational Foundation and the YMCA and the District relating to repurchase of the YMCA property described in Exhibit "B", prior to issuance of a building permit; A complete set of plans and specifications for all structures, the detailed site plan, and plans for landscaping, shall be provided to the City Council for review and approval prior to the issuance of a building permit. All final, approved plans will incorporated herein by reference and made part hereof for all purposes; The District shall construct an eight foot high screening wall along the Glenwick/Emersonalley right-of-way between the District's parking garage and any nonresidential structure built on the property described in Exhibit "B" at the time any such building is constructed. The wall will be of the same design and brick 30310 materials used by the District for the parking garage and will include a cast stone cap on both wall and columns. The wall will meet all requirements of the University Park Fire Marshal for access by firefighters and fire fighting equipment. SECTION 5. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance as amended hereby 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 decided to be invalid, illegal or unconstitutional, and the same 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 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. That 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. 30310 DULY PASSED by the City Council of the City of University Park, Texas, on the 15th day of December, 1999. APPROVED: MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/12-9-99) CITY SECRETARY 30310 CITY OF UNIVER$173' PARK, DAL£A$ ¢OUNI~, TEXAS City of University Pork, Da/las Countz rexes, dso being oll of L°~ through 11, Lots RJ through 2~ond port of Lots 18 through and Lots I through 6, ond. por~:~f.&ot ~ Block ~ Preston Heights Add/t/on, on add/t/on to the City of Unl~rsity Pork os recorded in Volume 1, Poge 509 of th~ Mop Records of Dallas Count~ Texas, and port of Glenwic~ Lane and on olle~ and being more porUculody described os follows: BEGINNING at a 1/2" iron rod with ye/low plasUc cap stamped "R£G" set for corner o( the intersection of:th'e east line of Wes/chester Drive (o 50' /' right-of-way), and the south line of Druid Lone (a `50' right-of-way); THENCE North 89'51'4'5" East, dong the south line of sold Druid Lone, a distance of `550.00 feet to a 1/2" iron rod with ye#ow plastic cop stamped "RLG" set for corner at the intersection of the south line of sold Druid Lone and the west line of o 1`5 foot alley, sold point dso being the northeast corner of ~Lot.-11, Block.:4; of sold Preston Heights Addition; THENCE South 00~8'15" East along the west //ne of sold 1`5 foot olle~ o d/stance of 230.00 feet to a 1/2~ iron rod w/th ~//ow.p/ostic cOP "stOmPed "RLG" set for corner in the east line of said Lot 18, B/ack 4; THENCE South 89'51'45" West leaving the east line of said Lot 18, Block 4, a distance of 162.00 feet to a 1/2" iron rod with yellow plastic cap stomped "RLG" set for corner; THENCE South 00~8'1`5" East, a d/stance of 21.00 feet to o 1/2" iron rod wlth yellow plast/c cop stamped "RLO" set for comer at the beginning of a curve to the right; THENCE in o southwesterly direction with said curv= to the right ha~Cng a central angle of g0190'00", a radius of' ~.00 feet, an arc length of 4.71 feet, and a chord'bearing of South 44~1~5" West, and o chord distance of 4.24 feet, to a 1/2" iron rod w/th ~llow plastic cap stamped "RLG" set for cornec' THENCE South 89"31'45" West, o distance of 75.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for carom7 THENCE South 0078'15" East, a d/stance of 238.50 feet to a 1/2" iron rod with ye/low plastic cap stamped "RLG" set for corner in the north line of a 15 foot alley and the south 1i6e of said Block `5 Preston Heights Add/t/on; THENCE South 89',5-1'45" West, along the north line of said 15 foot alley, sold line being the south line of Lots I through 6, Block 5 of sold Preston Heights Add/t/on, a d/stance of 310.00 feet to a 1/2" iron rod with ye/low plastic cap stamped "RLG" set for corner in the east line of said Westchester Drive, said point a/so being the southwest corner of said Lot 1, Block 5; '~TYENCE North. 00~8'I$" West, along the east line of said Westchester Drive .o distance of 492.50. feet' to the POINT. OF BEGINNING, and containing 209,745 square feet or 4.8150 acres of land more or less. I OF2 ~' m' ~'mmm mm ~m ~mmmmm m mm~ mm H.P.&S~. ?RACr CITY OF UNII/~RS/rI' PARK. DAI.~AS COUN?'~. ?'EXAS 20F2 EXHIBIT "B" YMCA TRACT CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS Being a tract of land situated in the S. Popplewell Survey Abstract No. 1145 in the City of University Park, Dallas County, Texas, and being in the City of University Park, Dallas County, Texas, and being a part of Lots 18, 19, 20, 21 and 22 in Block 4, and all of Lots 8, 9 and 10 and part of Lot 7 in Block 5 of Preston Heights Addition as recorded in Volume 1, Page 509, Map Records, Dallas County, Texas, and also being part of Glenwick Lane, and being more particularly described as follows: BEGINNING at a ~" iron rod with yellow plastic cap stamped "RLG" set for corner at the intersection of the north line of Glenwick Lane (a 50 foot right-of-way) with the west line of a 15 foot alley running north and south in said Block 4, said rod being the southeast corner of said Lot 18, Block 4; THENCE South 89°31'45" West along the north line of said Glenwick Lane, a distance of 50.00 to a ~" iron rod with yellow plastic cap stamped 'RLG" set for comer, same point being the southwest intersection of said Lots 18 and 19, Block 4; THENCE South 00°28'15" East leaving the north line of said Glenwick Lane, a distance of 192.50 feet to a ~' iron rod with yellow plastic cap stamped "RLG" set for corner, same point being the southeast intersection of said Lot 10, Block 5 and Lot 11, Block 5, Preston Heights Addition, same point also being in the north line of a 15 foot alley; THENCE South 89°31'45" West along the north line of said 15 foot alley, a distance of 190.00 feet to a ~" iron rod with yellow plastic cap set for comer, same point being in the south line of said Lot 7, Block 5; THENCE North 00°28'15" West leaving the north line of said 15 foot alley and east and parallel with the west line of said Lot 7, Block 5, a distance of 238.50 feet to a ~" iron rod with yellow plastic cap stamped 'RLG" set for comer;, THENCE North 89°31'45- East a distance of 75.00 feet to a ~" iron rod with yellow plastic Cap stamped 'RLG" set for comer at the beginning of a curve to the left; THENCE in a northeasterly direction with said curve to the left, having a central angle of 90°00'00", a radius of 3.00 feet, an arc length of 4.71 feet, and a chord bearing of North 44°31'45" East, and a chord distance of 4.24 feet to a ~" iron rod with yellow plastic cap stamped "RLG" set for comer at the end of said curve to the left; THENCE North 00°28'15" West, a distance of 21.00 feet to a ~" iron rod with yellow plastic cap stamped "RLG" set for comer; THENCE North 89°31 '45" East, a distance of 162.00 feet to a ~" iron rod with yellow plastic cap stamped "RLG" set for comer in the west line of said 15 foot alley running north and south, same line being the east line of said Lot 18, Block 4; THENCE South 00°28'15" East, along the east line of said Lot 18, Block 4, a distance of 70.00 fee to THE POINT OF BEGINNING and containing 51,505 square feet or 1.1823 acres of land more or less. 1 of 2 o ~~L.~. .... .........._%_.. 1--.. _ ~"~ ~. .-- , ,,! ' ~-'~ ,hr, ~ ' ~,~ 'I ~'~r,_.~---~---=~-.:.~.~;ll~il~/ ' I ¢ ' ~ ~...~:.. ~ ', ~'" ----..%: .r-~ ~ ~..~~.,- .,-~. a..~' ~' .r~ ~-" ~ ~I Ii, Ii~ i ~i i t I I1 ;~ i,!! ~ ! ! i I ~ HIGH.ND PARK INDEPENDE~ SCHOOL DIS~I~ ~ HIGHLAND PARK INDEPENDEHT SCHOOL DISTRICT ~ ' ~) ~ ! ! ! CITY OF UNIVERSITY PARK, TEXAS '' .,.,.,.. I~) F . ~l Ii ~ I r-~~7---%~--..%' ...... ..... - ill ~I ii'Iii f~I Iiiji ': ',, I I I, ~- - .... , ,,q I "I ! I , HIGH.ND PARK H.S. PARKING GARAGE ~ ~HIGH'ND PARK INDEPENDE~ SCH~L DIS~ICT ~ ~ CI~ OF UNIVERSI~ PAR~ T~S ..,~w,~, ,b,m ,,.,~,~, I,, ,,, ,,~, ,. ~, ~, ,., ~,~ . ~..,,,. ~ t~,~, ~ I,~ .. ~, t,,,,,,,,,,.,~ ,., , , ~1,I I ~ ~ ;,Iii, ~! !il . 1.. I ,,.!i, '~'~,,~ . .,.,.,,., , ,, , ~, ,~, ~., ~, I,,, ,.~ ,,;,;I I~};' [h.~[! "'""'" ,.,,, , ~ [lj~t~, ~m~'llil~,31!!~ ',',, ,' ~ qi~ l~l .'".. ""' "' """ m, I,.., ~t~ ~1~ , , I Itl il , ,"", .",",, HIGH.ND PARK H.S. PARKING GARAGE HIGH.ND PARK INDEPENDENT SCHOOL DISTRICT ~ 01~ OF UNIV[RSI~ PAR~ T~8 = ~'~ ~ ~ ', ~ H . ~ ~ ~ -I~ " '~ ~1," '"~ '~ , -k . ' ~ , j .......... I I ~ ', ~ I I ,11!I HIGH'ND PARK H.S. PARKING GAUGE PARK INDEPENDENT SCHOOL DI~RICT CI~ OF UNIVERSI~ PARK, T~S HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT ORDINANCE NO. 9 9 / 4 6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE ALLEY BETWEEN GLENWICK LANE AND DRUID LANE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE RECORDING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that a portion o£ the alley easement between Glenwick Lane and Druid Lane as described herein is no longer needed or necessary for alley or utilities purposes by the City and should be abandoned; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park hereby finds and determines that the portion of the alley easement between Glenwick Lane and Druid Lane, described in Exhibit "A" attached hereto, should be abandoned to the abutting owner, Highland Park Independent School District. SECTION 2. That the City of University Park hereby abandons and quitclaims in favor o£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 a part hereof for all purposes, the same as if fully copied herein. SECTION 3. That the rights being abandoned in the property described in Exhibit "A" consist of a portion of the alley between Glenwick Lane and Druid Lane, all as shown on Exhibit "]3". 29547 SECTION 4. That the City of University Park does not abandon any other interest other than that described in Exhibit "A", but does hereby abandon the use of such property for alley purposes. SECTION 5. That, upon payment by the District to the City of $ 2 4 7,50 0 , the fair market value of such right-of-way as determined by an appraisal obtained by the City, the City Secretary is authorized and directed to prepare and furnish to the District a certified copy of this ordinance which can be recorded in the real property records of Dallas County, Texas, as the quitclaim deed of the City of University Park of the interest of the City in and to such property as an alley easement. 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 15th day of December , 1999 APPROVED: '~~~MAYOR HAROLD PEEK, ATTEST: CITY ATTORNEY (RLD/11-5-99) BOBBIE SHARP, CITY SECRETARY 29547 ABANDONMENT Of a 15 foot alley in Blor. k 4, Preston Heights Addition City of University Park, Dallas County, Texas BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG# set for comer at the intersection of the north line of said 15 foot alley with the east line of Westchester Drive, said rod being the southwest comer of Lot 1 in Block 4 of said addition; THENCE North 89°31'45" East along the north line of said 15 foot alley for a distance of 550.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer at the intersection of the north line of said 15 foot alley with the west line of a 15 foot alley running north and south in said Block 4, said rod being the southeast comer of Lot 11 in said Block 4; THENCE South 00°28'15" East, along the pwjection of the west line of raid 15 foot alley running north and south for a distance of 15.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RI, G" set for comer at the intersection of said projection with the sixc,.h line of said 15 foot alley running east and we~, said rod also being the northeast comer of'Lot 18 of said Block 4; THENCE South g9°31'45" West along the south llne of said 15 foot nlley for a distance of 550.00 f~t to a 1/2" ir~ rod with yellow plastic cap stamped "RLG" set for comer, said rod being the intertron ofthesonth line of said 15 foot alley with the east line of said Westchester Drive and also being the northwest comer of Lot 28 of said Block 4; THENCE North 00028'15" We~t along the projection of the east line of said Wel~hester Drive ~' a d~st~nce of 15.00 feet to the POINT OF BEGiIqNI~G and containing 8,250 r, qu~re feet or 0.1894 acres, more or less. 8O GRAPHIC SCALE 0 40 ~0 ( IN FEE~ ) I inoh =80 f~ ORDINANCE NO. 9 9 / 4 7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE RIGHT-OF-WAY OF GLENWICK LANE AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE RECORDING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of University Park, Texas, has determined that the portion of the Glenwick Lane right-of-way described herein is no longer needed or necessary for street purposes by the City and should be abandoned and the street closed; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the City of University Park hereby finds and determines that the portion of the street right-of-way of Glenwick Lane described in Exhibit "A" attached hereto should be closed and abandoned to the abutting owner. SECTION 2. That the City of University Park hereby abandons and quitclaims in favor of the abutting owner, the Highland Park Independent School District all that certain tract or parcel of land more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, the same as if fully copied herein. SECTION 3. That the rights being abandoned in the property described in Exhibit "A" consist of the street right-of-way of Glenwick Lane, all as shown on Exhibit SECTION 4. That the City of University Park does not abandon any other interest other than that described in Exhibit "A", but does hereby abandon the use of such property for street right-of-way purposes. 29535 SECTION 5. That, upon payment by the District to the City of $ 4 6 5:0 0 0 , the fair market value of such right-of-way as determined by an appraisal obtained by the City, the City Secretary is authorized and directed to prepare and furnish to the District a certified copy of this ordinance which can be recorded in the real property records of Dallas County, Texas, as the quitclaim deed of the City of University Park of the interest of the City in and to such property as street right-of-way. 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 15th day of December (~x~~f~2ROVED AS .TO,FORM"/', B CITY ATTORNEY (RLD/11-5-99) APPROVED:/ a~'a.a-~tJ,- HAROLD PEEK, MAYOR ATTEST: 29535 ABANDONMENT Of a part of Glenwick Lane City of University Park, Dallas County, Texas A 15,500 square foot tract o'fparcel of land situated in the S. Popplewell Survey, Abstract No. 1145 in the City of University Park, Dallas County, Texas, and being a part of Glenwick Lane (a 50 foot right-of-way) as dedicated by Preston Heights Addition as recorded in Volume 1, Page 509, Map Records, Dallas County, Texas, more particularly described as follows: BEGINNING at a %" iron pipe found for comer at the intersection of the north line of said Glenwick Lane with the east line of Westchester Drive, said rod being the southwest comer of Lot 28 in Block 4 of said addition; THENCE North 89°31'45" East along the north line of said Glenwick Lane and south line of said Block 4 for a distance of 310.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer in the south line of Lot 22 of said Block 4; THENCE South 00°28'15" East, departing the north line of said Glenwick Lane for a distance of 50.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer in the south line of said Glenwick Lane, said .rod also being in the north line of Lot 7 in Block 5 of said addition; THENCE South 89°31'45" West along ~e south line of said Glenwiek Lane and the north line of said Block 5 for a distance of 310.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG" set for comer, said rod being the intersection of the south line of said/31enwick Lane with the east line of said Westchester Drive and also being the northwest comer of Lot 1 of said Block 5; THENCE North 00028' 15" West along the projection of the east line of said Westchester Drive for a distance of 50.00 feet to the POINT OF BEGINNING and containing 15,500 square feet or 0.3558 acres, more or less. 8O ( ~ ~wa-r ) I inoh =80J'~ · H/Gf/LAHO pARK HiGH $CHO0~ ~ACT ~ ~ESTCHESTER ~0~9 50. 00' ~o~9 S00 '2 8'~ $'£ POINT OF DRIVE ~o.{ ~q ~o,{ ~§ NO ?£' Basis of beorin9s is the City of Un/versify Park 9eodet/c contra/ system. ABANDONMENT OF A PART OF GLEN~ICK LANE IN THE CITY OF UNIVERSITY PARK, "' ~ DALLAS COUNTY, TEXAS RAYI~ONO L. GOODSON ~/?.,/N~. ORDINANCE NO. 0 0 / 0 ~ ' ' ' AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE TEMPORARY USE OF A REQUIRED REAR YARD IN A RESIDENTIAL DISTRICT FOR MOTOR VEHICLE PARKING DURING RECONSTRUCTION OF PORTIONS OF LOVERS LANE; REQUIRING PLANS AND AUTHORIZING ISSUANCE OF PERMITS; REQUIRING DISCONTINUANCE OF MOTOR VEHICLE PARKING IN REQUIRED REAR YARDS; 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 reconstruction of portions of Lovers Lane will temporarily eliminate direct access to certain residential properties and the required off-street parking spaces on such properties; and WHEREAS, .the parking of motor vehicles on an unimproved surface in a required rear yard is prohibited and such parking would not be in compliance with the requirement for the provision of two off-street parking spaces; and WHEREAS, the City Council desires to relieve the temporary parking problem caused by the Lovers Lane reconstruction by the allowance of temporary measures; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for a period of 475 days from and after November 1, 1999, the Building and Zoning Administrator is authorized to issue temporary permits for the parking of personal automobiles in required rear yards of properties abutting the 3500-4000 blocks of Lovers Lane, such parking to be accessed fi'om adjacent alley ways. SECTION 2. That the granting of a permit for such temporary parking will be based on the following special conditions: A. That the term of such permit Will not exceed the length of time set out in Section 1 above or the time during which direct access to the property from Lovers Lane is blocked by construction, whichever occurs first; 30661 B. The parking area in the required rear yard must be accessed directly .fi:om the public alley adjacent to the'property; C. The parking area to be provided in the required rear yard by the property owner shall be covered with an all-weather surface of rock or gravel during the period it is used for parking; D. The parking area to be designed for the required rear yard must be of a configuration which allows automobiles to be parked completely out of the alley right-of-way at all times; E. The property owner shall submit plans for the temporary parking to the Building and Zoning Administrator of the City for review and approval under the conditions of this ordinance; and. F. If the plans for the parking area comply with the requirements of this ordinance, the Building and Zoning Administrator shall issue a permit to the property owner, attaching the plans by reference, shall establish the term of the permit dependent upon when the property will regain dir6ct access to Lovers Lane, and the Building and Zoning Administrator or his designee shall inspect the parking area to insure compliance with the requirements of this ordinance. SECTION 3. It shall be unlawful and an offense for any person to leave, stand or park any motor vehicle at any time in an alley or alley easement or right-of-way or to otherwise impede or obstruct the use of an alley even momentarily. A permit holder under this ordinance shall at all times cause his motor vehicle or vehicles or those of his guests to be parked only on a legal off- street parking space or on the all-weather surface provided in the required rear yard. SECTION 4. Upon termination of the term of the permit as provided herein and in the permit, the property owner shall immediately restore the required rear yard .by removal of the temporary all-weather surface and shall thereafter not be permitted to park any motor vehicle in the required rear yard except on a legal off-street parking space. 30661 SECTION 5. That should any semence, 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 decided to be invalid, illegal or unconstitutional. SECTION 6. 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 subject to a fine not to exceed the sum of Five Hundred ($500.00) Dollars for each offense. SECTION 7. That 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 19th day of January, 2000. CITY ATTORNEY (RLD/sb 12/29/99) APPROVED:MAYOR/~~ ATTEST: CITY SECRETARY 30661 ORDINANCE NO. 0 0 / 0 2 . ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY GRANTING A CHANGE OF ZONING TO UNIVERSITY CAMPUS DISTRICT-2 ON THE PROPERTY DESCRIBED AS LOTS I AND 2, BLOCK I AND LOTS I AND 2, BLOCK 2, UNIVERSITY HILL WEST ADDITION, COMMONLY KNOWN AS 3024, 3020, 3021, AND 3017 DYER, AND TO UNIVERSITY CAMPUS-3 ON LOTS 3-6, BLOCK 1, AND LOTS 3-6, BLOCK 2, UNIVERSITY HILL WEST ADDITION. COMMONLY KNOWN AS 3016, 3012, 3008, 3004, 3013, 3009, 3005, AND 3001 DYER, UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR 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 the Comprehensive Zoning Ordinance should be amended; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of University Park, as heretofore amended, be, and the same is hereby, amended by granting a change of zoning to University Campus-2 on the property described as Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, of University Hill West Addition, an Addition to the City of University Park, Dallas County, Texas, and commonly known as 3024, 3020, 3021, and 3017 Dyer, and by granting a change of zoning to University Campus-3 on the property described as Lots 3-6, Block 1, and Lots 3-6, Block 2, of the University Hill West Addition, and commonly known as 3016, 3012, 3008, 2915 3004, 3013, 3009, 3005, and 3001 Dyer. ' ~ SECTION 2. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be invalid, illegal or unconstitutional. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance or 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, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sttrn 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. That 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 1 st day of February, 2000. APPROVED: 2915 HAROLD PEEK, MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY (RLD/I 2-21-99) I~II~I,~N, CNIT~ SECRETARY 2915 ORDINANCE NO. 0 0 / 03 ' ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE SOUTH SIDE OF THE 3100 BLOCK OF ROSEDALE, MONDAYS THROUGH FRIDAYS WHICH ARE SCHOOL DAYS FOR SMU, BETWEEN 8:00 A. M. AND 5:00 P. M.; PROVIDING EXCEPTIONS; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle on the south side of the 3100 block of Rosedale on Mondays through Fridays which are school days for SMU, between the hours of 8:00 a.m. and 5:00 p.m., provided however, that this restriction shall not apply to the use of currently existing inset or parkway parking spaces approved by the City. 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. 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 decided to be invalid, illegal or unconstitutional. SECTION 4. 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 31328 University Park, Texas, shall be subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 1 st day of February, 2000. APPROVED AS TO FORM: CITY ATTORNEY (RED 2-1-00) APPROVED:~~ HAROLD PEEK, MAYOR ATTEST: N:IN )k~_IL~ C I~--Y~S ECRET AR Y 31328 ORDINANCE NO. 0 0 / 0 4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AbIENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 8; APPROVING A RVISED SITE PLAN FOR THE HIGHLAND PARK UNITED METHODIST CHURCH AT 3300 MOCKINGBIRD LANE, UNIVERSITY PARK, DALLAS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; 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 o~vners 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by amending Planned Development District No. 8 for the Highland Park United Methodist Church, on property described in Exhibit "A" attached hereto and made part hereof for all purposes, and more commonly known as 3300 Mockingbird Lane, located partially in the City of University Park and partially in the Town of Highland Park.. 26987 SECTION 2. That the detailed site plan setting forth the land uses p'~'fposed for the property is attached hereto as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. That such site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the amendment of Planned Development District No. 8 is subject to the following special conditions: A. Development of the property shall be in accordance with the approved site plan and all provisions of the Comprehensive Zoning Ordinance of the City of Universi~ Park, as amended hereby. B. The Church will provide or arrange with SMU for 730 off-street parking spaces during peak use periods. C. The maximum height of the building will not exceed 71 feet above grade, not including spires, steeples, towers and like structures. D. An interlocal agreement between University Park and Highland Park will be executed to provide basic municipal services. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance as amended hereby shall remain in full force and effect. 26987 SECTION 5. That should any sentence, paragraph, subdivision, clafise, 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 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of February, 2000. 26987 APPROVED AS TO FORM: CITY ATTORNEY (RLD/2-11-00) APPROVED: HAROLD PEEK, MAYOR ATTEST: 26987 NORTH WEST SOUTH WEST NORTH EAST EAST 1 NORTH WEST SOUTH WEST NORTH EAST I EAST SOUTH EAST i-- Beginning Inventory as Reported NORTH WEST NORTH EAST EAST SOUTH WEST SOUTH EAST I Endin~ Inventory - December 31.2002 ORDINANCE NO. 00/05 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CREATING A SPECIAL SIGN DISTRICT FOR HIGHLAND PARK PRESBYTERIAN CHURCH ON ITS PROPERTY GENERALLY BOUNDED BY UNIVERSITY BOULEVARD AND MCFARLIN BOULEVARD; PROVIDING CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIIDNG A SEVERABILIY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for a special sign district for the campus of the Highland Park Presbyterian Church 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 Highland Park Presbyterian Church to provide signage for the church campus as part of an overall graphics program. That such request was accompanied by a plan which provided such details and specifications as were required by the Committee and in the opinion of the Committee, such graphics program will result in the signage appearance of the area being beneficial to the public health, safety and general welfare and in the interest of the City of University Park. That the Committee has recommended to the City Council that a special sign district be established for such area, permitting signs and other graphics in accordance with the plan. SECTION 2. That after notice and public hearing, the City Council has determined that 31553 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 the following special conditions: Ao That the signs permitted in the special sign district granted hereby shall be as shown on the site plan of the Highland Park Presbyterian Church Campus attached hereto and made a part hereof for all purposes, including a separate sheet showing the dimensions of each sign according to the number key on the site plan; Bo That sign number 4 shall be placed out of the 35' site triangle at the comer of Park Street and University Boulevard; Co That sign number 4 shall be placed at least thirty feet from the sidewalk adjacent to University Boulevard; That sign number 5 shall be placed inside the sidewalk near the intersection of Park Street and that McFarlin Boulevard; Eo That sign number 6 shall be placed at least five (5) feet from adjacent sidewalks on McFarlin Boulevard; F. That sign number 4 shall not be illuminated. SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. That any person, firm or corporation violating any of the provisions or terms 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 subjected to a fine not to exceed the sum of 31553 Five Hundred ($500.00) dollars for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That 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 16 ~ch day of February ,2000. APPROVED AS TO FORM: CITY ATTORNEY (RLD/arw 02/07/00) APPROVED: HAROLD PEEK, MAYOR ATTEST: '~NI~WIJzfSO ,~ITY SECRETARY 31553 H:2UnH:2 NVIUI~J.~.EIB~Ud ~UVd CINV'IHDIH o~ Highland Park Presbyterian Church Sanctuary /~ Wynne Chapel --) Parlor --) 7 i I I 1 I I I I I I I I L~ Highland Park Presbyterian Church Elliott Fe}towship Hall -~ Sanctuary --~ Hunt Bldg./Reception -->. I J t i t I 1 L..~ ! l ! I i I I i I I I I I I 1 i I L..] Highland Park Presbyterian Church Elliott Fellowship Hall Reception i I I ! 1 1 I I I I I t I i L..J Highland Park Presb3/terian Church C. URRIE HALL 12 t ! Highland Park Presbyterian Church 1141 LOWE ~ City of University Park URBAN DESIGN & DEVELOPMENT ADVISORY COMMITTEE Meeting Minutes - Monday, January 10, 2000 Committee Members in attendance: Taylor Armstrong, Chairman Michael Culwell Fran Keay Gene R. Smallwood, staff Robert L. Dillard, Jr. III Mr. Armstrong opened the meeting at 4:35 p.m. and reviewed the revised submittal for the requested special sign district for the'Highland Park Presbyterian Church (HPPC). Considerable discussion centered on the size and location of the proposed signs. Staff was directed to inform the representatives of HPPC of the following changes: Sign No. 4 shall be located a minimum of thirty (30') feet south of the sidewalk along University Blvd. Sign No. 5 shall be relocated off the street right-of-way a similar distance to sign no. 8. Submittal needs clarification on exactly where sign nos. 10 & 11 are mounted to the building. Sign No, 9 shall be located a minimum of five (5') feet south of the sidewalk along University Blvd. The members of the committee voted unanimously to recommend that the City Council approve the special sign district with the aforementioned changes. Mr. Dillard will develop the enabling ordinance for Council consideration. The meeting was adjourned at 5:30 p.m. E. Taylor Armstrong - Chairman ORDINANCE NO. 00/06 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVAL OF AN AMENDED SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17, FOR THE PROPERTY COMMONLY KNOWN AS 4220 EMERSON AND 7015 WESTCHESTER, HERETOFORE GRANTED BY ORDINANCE NO. 91/28; AUTHORIZING ADDITION OF NEW BLEACHER SEATING AND A BRICK WALL AT THE BASEBALL STADIUM; 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 the City Council of the City of University Park is of the opinion 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 heretoibre amended, be, and the same are hereby, amended by approval of an amended site plan for the baseball stadium portion of Plmmed Development District No. 17 for the Highland Park High School, on property commonly known as 4220 Emerson and 7015 Westchester, as heretofore granted by Ordinance No. 91/28, such property being located in the City of University Park, Dallas County, Texas. SECTION 2. That the amended site plan authorizing addition of new bleacher seating and a brick wall in the baseball stadium is attached hereto as Exhibit "A" and made a part hereof for all 27986 purposes, the same as if fully copied herein. That such amended site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of the amended site plan for Planned Development District No. 17 is subject to the following special conditions: (a) That the new bleacher seats will be of the type and design depicted on the attached Exhibits B, C, and D, and will not exceed 176 in number; (b) That the new brick wall will be constructed as shown on Exhibit E, will not exceed five (5') feet in height nor thirty-five (35') feet in length, will be of similar style and materials as the brick fence adjacent to Lovers Lane, and will have a concrete cap; and (c) That all previous special conditions approved in the granting of Planned Development District No. 17, as heretofore amended, shall remain in full force and effect, except as specifically amended hereby. SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 5. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the Comprehensive Zoning Ordinance as a whole, or any part or provision thereof, other than the part decided to be unconstitutional, illegal or invalid. SECTION 6. That any person, firm or corporation violating any of the provisions or terms of this ordinance or the Comprehensive Zoning Ordinance and Map, as amended hereby, shall be 27986 subject to the same penalty as provided for in the Comprehensive Zoning Ordinance and Map of the City of University Park, Texas, and upon conviction in the municipal court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand ($2,000.00) dollars for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense. SECTION 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the /7 g day of ~q,~ro_~/x , 2000. CITY ATTORNEY (R~D/1-18-00) HAROLD PEEK, MAYOR N~~~bN, 'CITY SECRETARY 27986 Baseba..ll Field Administration Building Seay Ter is Center Practice .Field GRASSMERE _,,a.~. MEC.:~.I. 1999 1: 51PM 3 HKS FAX~ ~14 969 @397, ~. i ~_.d_BOCKETTE ..D~V'I$ -'-DRAKE, im~. ~;;)l~censulting engineers .. o ,. [ [[ ~ ~ _ · II~ Ill I ORDINANCE NO. 0 0 / 0 7 '- ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF DUBLIN FROM OXFORD TERRACE TO BINKLEY AT ANY TIME; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle on the east side of Dublin from the point of its intersection with Oxford Terrace north to the point of its intersection with Binkley at any time. 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. 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 decided to be invalid, illegal or unconstitutional. SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 31328 restrictions set out herein shall not be effective until appropriate signs giving notice thereof and stating: "No Parking-Fire Lane" shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of March, 2000. APPROVED: ~ HAROLD PEEK, MAYOR CITY ATTORNEY (RLD 2-28-00) ATTEST: I~II'{~WI?L~'/O~'WI~Y SECRETARY 31328 ORDINANCE NO. 0 0 / 0 8 ' - AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF AIRLINE FROM UNIVERSITY BOULEVARD TO DANIEL AT ANY TIME; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle on the east side of Airline Road from the point of its intersection with University Boulevard north to the point of its intersection with Daniel at any time. 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. 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 decided to be invalid, illegal or unconstitutional. SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 32112 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of March, 2000. APPROVED: HAROLD PEEK, MAYOR ~.~APPROVED AS TO FORM: CITY ATTORNEY (RLD 2-28-00) ATTEST: NIN/~VILSCN, CIT~ SECRETARY 32112 ORDINANCE NO. 0 0 / 0 9 ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF THE 4300 BLOCK OF DRUID LANE, MONDAY THROUGH FRIDAY SCHOOL DAYS FROM 8:00 A. M. TO 4:00 P. M.; PROVIDING FOR THE ERECTION OF 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 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 and an offense for any person to leave, stand or park any motor vehicle on the north side of the 4300 block of Druid Lane on Mondays through Fridays which are school days, between the hours of 8:00 a. m. and 4:00 p.m.. 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. 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 thc part decided to be invalid, illegal or unconstitutional. SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. 31328 SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof and stating: "No Parking/Monday through Friday, School Days, 8:00 a. m. to 4:00 p. m." shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 7th day of March, 2000. // APPR~TD: HAROLD PEEK, MAYOR ATTEST: NfN WILffON, C'IT SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD 2-28-00) 31328 ~'~ ORDINANCE NO. 0 0 / 10 - ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING AN INCREASE IN RATES FOR NATURAL GAS SERVICE REQUESTED BY TXU GAS DISTRIBUTION, A DIVISION OF TXU GAS COMPANY (F/N/A BOTH TXU/LONE STAR GAS AND LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION) FOR RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF UNIVERSITY PARK; PROVIDING FOR THE CONTINUATION OF EXISTING RATES; PROVIDING FOR THE MANNER IN WHICH THE RATES MAY BE CHANGED, ADJUSTED, AND AMENDED; PROVIDING FOR A TARIFF AND SCHEDULE OF RATES AND SERVICE CHARGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Gas Distribution, a division of TXU Gas Company (f/n/a both TXU/Lone Star Gas and Lone Star Company, a Division of ENSERCH Corporation), "Company" herein, provides natural gas service to all classes of customers within the City of University Park in accordance with the terms and conditions of Ordinance No. 93/34 dated December 7, 1993.(the "Ordinance"); and WHEREAS, the Ordinance was granted to Lone Star Gas Company, a Division of ENSERCH Corporation, which was acquired by TXU in August 1997; and WHEREAS, Lone Star Gas Company accepted the Ordinance and the Company in its acquisition is presently operating thereunder and under the tariffs, service charges and rates (the "Tariff and Schedule of Rates") set forth in Ordinance No. 96/3, adopted on January 17, 1996 ("Rate Ordinance"); and WHEREAS, on September 15, 1999, the city council extended the time for consideration of Company's Proposal until January 2, 2000; and WHEREAS, the Company has 3 times, on December 8, 1999, January 21, 2000 and March 3, 2000, requested extensions of the time for consideration of Company's Proposal, and the city concurred, extending the deadline until March 23, 2000, and WHEREAS, the City Council has (i) studied the consultant's report for the City of Dallas and the testimony and the exhibits filed by the parties, (ii) received further comments in open session, and (iii) determined that the Tariff and Schedule of Rates for natural gas service should not be replaced and that Company's Proposal should be denied; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: 32455 SECTION 1. Tariffand Schedule of Rates- Continued ~ The Tariff and Schedule of Rates approved and adopted by the Rate Ordinance is hereby affirmed and Company's Proposal, including a new tariff and schedule of rates, is hereby denied and the Tariff and Schedule of Rates set forth in Ordinance No. 96/3, adopted on January 17, 1996, shall continue in full force and effect. SECTION 2. Authority To Regulate - Retained As to the City, any gas company, or any other person or corporation, nothing herein shall be construed as waiving, modifying, altering, changing, diminishing, or abrogating the several terms, provisions, covenants and conditions of the Ordinance or Rates Ordinance; or in any manner limiting, modifying, or abrogating the fight and power of the City Council under the Charter of the City of University Park, Constitution and laws of the State and the United States, as those laws now read or may be hereafter changed or amended, to regulate the rates and services by Company within the City of University Park. SECTION 3. Franchise Compliance For so long as the Ordinance remains in effect and in accordance with the Ordinance, Company shall obtain prior, written approval from the City Council, for any change which could possibly affect the Company's franchise obligations, the degree of regulatory supervision by the City, or customer service. SECTION 4. Rate Ordinance Limitations Nothing in this ordinance shall be constructed as affecting any rate which is beyond the authority of the City of University Park to establish; nor shall anything in this ordinance be 32455 construed as prohibiting any customer from entering into a contract for rates that are available to such customers pursuant to Railroad Commission of Texas regulations or state law. Nothing in this ordinance sets aside any contract in existence at the time of this ordinance's adoption. SECTION 5. Effective Date This ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of University Park, and it is accordingly so ordained. DULY PASSED by the City Council of the City of University Park, Texas, on the day of ,~, ~,~..~.~t~ , 2000. APPROVED: HAROLD PEEK, MAYOR [~"~ApPR0, VED A,S TO,..FO~I'~ ~'~ CITY ATTORNEY " (RLD/am 3-17-00) ATTEST: ~ , -w3rso ,-Tax¥ S C XA ¥ 32455 ORDINANCE NO. 0 0 / '1 1 ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 25 FOR HIGHLAND PARK INDEPENDENT SCHOOL DISTRICT FOR PROPERTY IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; PROVIDING SPECIAL CONDITIONS; APPROVING AN AMENDED SITE PLAN FOR PD-25 ATTACHED HERETO AS EXHIBIT "B" AND MADE PART HEREOF; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by amending Planned Development District No. 25 for the Highland Park Independent School District on the property described in Exhibit "A" attached hereto and made part hereof for all purposes, the same as if fully copied herein. 31949 SECTION 2. That an amended site plan setting forth the temporary land uses proposed for a portion of the property zoned PD-25 is attached hereto as Exhibit "B" and made a part hereof for all purposes, the same as if fully copied herein. That such amended site plan is not intended to supersede the approved site plan for PD-25 which contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance, but only to set out the temporary uses authorized hereby during construction of permanent facilities at Highland Park High School. SECTION 3. That the granting of this amendment to Planned Development District No. 25 is subject to the following special conditions: A. Temporary use of the property shall be in accordance with the approved site plan and all provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. B. Conditions for the temporary use of the Planned Development, as shown on the approved site plan, will be as follows: 1. Placement of temporary classrooms as shown on the site plan may not commence until completion of the parking garage; 2. The District shall remove the temporary classrooms, contractor offices, storage and trailers, construction fence, and staging area not later than July 31, 2002, or upon completion of the high school remodeling project, whichever occurs sooner; 3. That the contractor worker parking area as shown on the amended site plan may be utilized from June 1, 2000 to December 31,2001; 4. That all previous special conditions approved in the granting of Planned Development District No. 25 shall remain in full force and effect, except as temporarily amended hereby. 31949 SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance 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 or the Comprehensive Zoning Ordinance as amended hereby 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 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 4 th day of Ap r J. ;1_2000. APPROVED: 31949 APPROVED AS TO FORM: CITY ATTORNEY (RLD/2-23-00) MAYOR ATTEST: 31949 ORDINANCE NO. 0 0 / 12 ~ AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DECLARING UNOPPOSED CANDIDATES FOR CITY COUNCIL ELECTED TO OFFICE; REQUIRING POSTING OF THIS ORDINANCE ON ELECTION DAY AT EACH POLLING PLACE; REQUIRING ISSUANCE OF A CERTIFICATE OF ELECTION TO EACH CANDIDATE; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, an election has been called for May 6, 2000, to elect members of the City Council; and and WHEREAS, each candidate whose name is to appear on the ballot is unopposed; WHEREAS, no proposition is to appear on the ballot; the City Secretary has certified that there are four candidates for four Council positions, and one candidate for the office of Mayor and that, therefore, each candidate is unopposed for office; and WHEREAS, no candidate's name is to be placed on a list of write-in candidates for that office under applicable law; and WHEREAS, the City Secretary has delivered such certification to the City Council after the filing deadlines for placement on the ballot and list of write-in candidates; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The City Council finds that the above stated premises are true and correct. SECTION 2. That the unopposed candidates for City Council listed below are hereby declared elected to the office, and the election schedule for May 6, 2000, is hereby canceled, to wit: Harold F. Peek - Mayor for a term of two (2) years; Olin B. Lane, Jr.-Councilmember, for a term of two (2) years; James M. Walley, Jr.-Councilmember, for a term of two (2) years; 32949 W. Richard Davis, Councilmember, for a term of two (2) years; and~ James E. Roberts, Councilmember, for a term of two (2) years. SECTION 3. That the City Secretary is directed to post a copy of this ordinance on election day at each polling place that would have been used in the election. SECTION 4. The City Secretary is directed to issue a certificate of election to each candidate in the same manner as provided for a candidate elected at the election, after the date the election would have taken place. SECTION 5. This ordinance shall take effect 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 CITY ATTORNEY (RLD/3-27-00) ,2000. APPROVED: HAROLD F. PEEK, MAYOR T TST: ~qlN~ W~/S~O N,"CITY~E C RE T A R Y 32949 ORDINANCE NO. 0 0 / 13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE 94/10, THE SPECIAL SIGN DISTRICT FOR SOUTHERN METHODIST UNIVERSITY, BY AUTHORIZING SIGNAGE FOR THE NEW GERALD J. FORD STADIUM IN ACCORDANCE WITH THE ATTACHED EXHIBITS; 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. 94/10, granted a Special Sign District for Southern Methodist University on recommendation of 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 Southern Methodist University should be amended as recommended by the Committee; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Ordinance No. 94/10 be, and the same is hereby, amended by authorizing signage for the new Gerald J. Ford Stadium in accordance with the attached exhibits. SECTION 2. That the signage authorized by this amendment is subject to the following special conditions: A. The scoreboard at the South end of the stadium shall: (1) Not be lighted in any way on the South side facing Mockingbird; 80 (2) Have tri-vision panels on the South side which move or rotate not more frequently than once per minute; (3) Not exceed fifty feet (50') in height; (4) Have a matte finish of anodized metal, dark brown or bronze in color on the South side (see exhibits), surrounding the tri-vision panels; (5) Contain only non commercial, University related messages on the tri-vision panels on the South side; B. The mustang figure on each side of the scoreboard shall be raised, pre-cast stone. C. The "Gerald J. Ford Stadium" sign on the West side shall have anodized, brushed aluminum finish and color, with letters two feet, six inches (2'6") in height, one inch (1") thick, pin mounted to brick, the total length not to exceed sixty-nine feet (69'). D. Donor names may be cut in stone over fifteen entry gates as shown in the exhibits. E. The "Paul B. Lloyd, Jr. All-Sports Center" sign shall be cut in stone over the West side entrance on the sports center. SECTION 3. That all ordinances 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. 80 SECTION 4. That should any sentence, paragraph, subdivision, clause,*phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part thereof decided to be unconstitutional, illegal or invalid. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance 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 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 19th day of April ,2000. 80 APPROVED: Tem ,:~~pt~, OVED AS. CITY ATTORNEY (RLD/3-30-O0) NI~(A WI~0~CITY SECRETARY 80 ORDINANCE NO. 0 0 / 14 ~ 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 11, SECTION 11.312L TO PROHIBIT WASTE OF WATER AND TO AUTHORIZE IMPLEMENTATION OF WATER CONSERVATION REQUIREMENTS BY THE CITY MANAGER; 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 11, Section 11.312L, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended in part as follows; "L. WASTE OF WATER UNLAWFUL; IMPLEMENTATION OF WATER CONSERVATION REQUIREMENTS (1) It shall be unlawful and an offense for any person, firm, or corporation to violate any of the provisions or terms of this section or the Water Conservation and Drought Contingency Plan as implemented hereby and by specific order of the City Manager. (2) Upon occun'ence of the conditions listed in the Water Conservation and Drought Contingency Plan between the City, the Town of Highland Park, and the Dallas Park Cities Municipal Utility District, the City Manager is authorized to implement all of the elements of the Water Conservation and Drought Contingency Plan and is directed to publish notice of such implementation in the City's official newspaper or by direct mail to water customers of the city and, in addition to the penalty of fine not to exceed the sum of $2,000.00 for each offense for each 32330 every day any such violation continues, if any such person, firm or corporation has previously violated any requirement of plan as implemented by the City Manager, the City Manager shall have authority, after written notice and opportunity for hearing with such person, firm or corporation, to order that water services to such person, finn or corporation be discontinued during the period of the water emergency. (3) ... (4) It shall be unlawful and an offense for any customer and/or occupant of premises served with water to cause or permit to be caused excessive water runoff of City water fi.om that customer's premises onto the streets, alleys, easements, or public rights-of-way of the City. Runoff of City water is excessive when it extends for a distance of greater than twenty feet (20') from the premises, and/or extends directly into a storm sewer located in a public right-of way. In the event of a prohibited waste of water, the City shall serve the customer or occupant with a written notice of the nature of the violation and provide a 72-hour time limit for satisfactory compliance. Notice is properly served when it is delivered to the customer, or the occupant of the premises, in the form of a door hanger, or when it is hand delivered or sent by registered or certified mail, return receipt requested, to the last known address of the customer and the person occupying the premises at the time of the violation. A person who has received such notice and who fails to comply with the provisions hereof shall be guilty of a violation of the provisions or the terms of this section." SECTION 2 That all ordinances of the City of University Park in conflict with the provision of this ordinance or the Code of Ordinances as amended hereby be, and the same are 32330 hereby, repealed and all other provisions of the Code of Ordinances of the City of University Park not in conflict with the provisions hereof 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 unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance or the Code of Ordinances as a whole, or any other part or provision thereof other that the part thereof declared to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as whole. SECTION 4 That any person, finn or corporation violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby or the Water Conservation and Drought Contingency Plan between the City, Town of Highland Park and the Dallas Park Cities Municipal Utility District as adopted herein by reference or any specific order of the City Manager pursuant thereto, 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 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. If any person, firm or corporation has previously violated the provisions of this section or the water conservation and drought contingency plan as implemented by the City Manager, the City Manager shall have authority, after written notice and opportunity for a hearing to such person, firm or corporation, to order that water services to such person, finn or corporation be discontinued during the period of the water emergency. 32330 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 tqa7 ,2000. APPROVED: ~~ HAROLD PEEK, MAYOR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY ' (RLD/am 3-13-00) l~II~I~'~q, CIT~'SI~CRETARY 32330 ORDINANCE NO. 0 0 / 15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF THE 4300 BLOCK OF GRASSMERE LANE, ON SCHOOL DAYS, MONDAY THROUGH FRIDAY, BETWEEN THE HOURS OF 8:00 A.M. TO 4:00 P.M.; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the north side of the 4300 block of Grassmere Lane, on school days, Monday through Friday, between the hours of 8:00 a.m. and 4:00 p.m., creates traffic congestion and hazards to motorists and pedestrians; Now, Therefore, 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 any motor vehicle at any time on the north side of the 4300 block of Grassmere Lane, on school days, Monday through Friday, between the hours of 8:00 a.m. and 4:00 p.m. 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 decided to be invalid, illegal or unconstitutional. 33560 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of May , 2000. APPROVED AS TO FORM: CITY ATTORNEY (RLD/4-26-00) HAROLD PEEK, MAYOR ATTEST: Si _wC s o SECm -XA Y 33560 ORDINANCE NO. 0 0 / 16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CREATING A SPECIAL SIGN DISTRICT FOR PARK CITIES BAPTIST CHURCH ON ITS PROPERTY GENERALLY BOUNDED BY VILLANOVA, TULANE, PICKWICK AND NORTHWEST PARKWAY; PROVIDING CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIIDNG A SEVERABILIY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for a special sign district for the campus of the Park Cities Baptist Church 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 heating 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 Park Cities Baptist Church to provide signage for the church campus as part of an overall graphics program. That such request was accompanied by a plan which provided such details and specifications as were required by the Committee and in the opinion of the Committee, such graphics program will result in the signage appearance of the area being beneficial to the public health, safety and general welfare and in the interest of the City of University Park. That the Committee has recommended to the City Council that a special sign district be established for such area, permitting signs and other graphics in accordance with the plan. SECTION 2. That after notice and public hearing, the City Council has determined that 33861 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 the following special conditions: Ao That the signs permitted in the special sign district granted hereby shall be as shown on the site plan of the Park Cities Baptist Church Campus attached hereto and made a part hereof for all purposes, including the separate sheets showing the dimensions of each sign according to the number key on the site plan; That sign numbers 1-11 shall be 200 Series Exterior Post and Panel Signs by Bunting Graphics, Inc., including Type 2S 2" x 2" posts using mounting style PP-2 (ground mount, fixed aluminum panel faces, Gl21 silkscreen graphic text and symbols in white or off-white, custom color known as dark or medium duranodic, 1 ½ "thickness, with copy as indicated on the exhibits; and SECTION 3. That all ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. That any person, finn or corporation violating any of the provisions or terms 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 subjected to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. That 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. 33861 DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of O'une ,2000. APPROVED:/fti.n.t2~. HAROLD PEEKs MAYOR ATTEST: ~I~S~JN, ~ SECRETARY APPROVED AS TO FORM: CITY ATTORNEY (RLD/5-11-00) 33861 .® LOCATION S1 III LOCATION S2 A ProJ~ot of the & 8e~ee EXTERIOR SIGNAGE SHEET PARK CITIES BAPTIST CHURCH 11 JAN 199~ LOCATION lit LOCATION A I'roleot of the Property & Services Commit~ee EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISHEET .e 11 JAN 199~ LOCATION 84 / LOCATION 85 A o, tbe & 8ofvJooo EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISHEET 6, 11 JAN 199~, LOCATION 86 !11 III !11 A Proi4ot o! th4 Prq)erty & 8ec~Qee ~,Qmmlttee EXTERIOR SIGHAGE PARK CITIES BAPTIST C.HURCH ISHEET '1 11 JAN 199' LOCATION $7 LOCATION $7 EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH A Proleot of the Property & 8ervk)ee ISHEET & 11 JAN 1999 LOCATION $8 LOCATION 69 A Proleot of the Prq)erty Committee EXTERIOR SIGNAGE P^EK CITIF'$ B^PTIST CHUECH ISHEET 9 11 JAN 199'~ LOCATION S9 LOCATION 80 A LEXTERIOR SIGNAGE . I~AR__K~CI'DI[S ,BAPTIST CHURCH 19'x9" long, 20" high and 8" high letters Northeast Comer of the Church 19'-9" long, 15" high and 8" high letters Northwest Comer of the Church 4¢ [ Pre-School and Guest Information Center < ~,x PAINTI~ ( w/ I GRADE Ellis Chapel ~ o~o~, ENDP( EMBE[ 2" ENDPOST SIGNAGE PANEL 1/4" HIGH 'rEXT ;ROUND-SET SUPPORT ', IN CONCRETE NT TYPICAL SIGN DETAIL ~/~-. ~- A Project of the & 8ervl~e EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISIGN S1 11 JAN 199~, 40" Pre-School and 4~ Guest Information Center ~~× PAINTE < wi : 1GRADE Jills Chapel o~o~ ENDPC EMBEE ENDPOST SIGNAGE PANEL 1/4" HIGH TEXT )-SET SUPPORT , IN CONCRETE )MENT TYPICAL SIGN DETAIL 1/8' -: 1" A Prolect of the Property & 8ervlo# ~omfldtt~ EXTERIOR SIGNAGE SIGN S2 PARK CITIES BAPTIST CHURCH 11 JAN 199 40" ( 2" X Ellis Chapel< ~NTE i GRADE GROUt ENDPC EMBE[ 2" ENDPOST ED SIGNAGE PANEL 3" HIGH TEXT (;ROUND-SET SUPPORT , IN CONCRETE TYPICAL SIGN DETAIL 1/8' ,- 1' A Prol~t of th4 Property & 8ervi~e EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH SIGN S3 11 JAN 199c~ 40" ~ Pre-School and Guest Information Center × PAtNTE Sanctuary and Ellis Chapel¢~ EMBE[ ENDPOST SIGNAGE PANEL 1/4" HIGH TEXT GROUND-SET SUPPORT , IN CONCRETE II TYPICAL SIGN DETAIL I/8" - 1' A Prole,:t of the & 8ervlo# ~ ~ ~'A~ CH-"~H 11 JAN 199! 40" Guest Information Center Pre-School ~.~,× PAINTI~ < ~i , Sanctuary GROUf Fellowship Hall / ' ~ ENDPOST SIGNAGE PANEL 1/~ HIGH TEXT GROUND-SET SUPPORT , IN CONCRETE NT Ii TYPICAL SIGN DETAIL I/8' - 1' A Prol~t & 8ervk~e EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISIGN S5 11 JAN 199! 40" Sanctuary ~ ~,,× PAINTE Fellowship Hall ' w/: GRADE ENDPC Ek~BEE 2" ENDPOST SIGNAGE PANEL 1/4" HIGH TEXT SUPPORT , IN CONCRETE :DMENT TYPICAL SIGN DETAIL A ProJ~'t of the Property & 8ervlell Con~ EXTERIOR $1GNAGE PARK CITIES BAPTIST CHURCH t ISIGH S6 11' JAN 199-c Guest Information Center ( 2" X' Activities Building < ~T~ GRADE Youth Center o~o~ ENDPC i/ E~BEC 2" ENDPOST SIGNAGE PANEL 1/~-" HIGH TEXT ,ET SUPPORT ', IN CONCRETE )MENT TYPICAL SIGN DETAIL A Prole~t of the & 8ervl~ee EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH kSIGN S7 11 JAN 19c~ 4O" t Sanctuary f GRADE GROUf ENDP( EMBE[ 2" ENDPOST ED SIGNAGE PANEL ,3' HIGH TEXT :-]' SUPPORT , IN CONCRETE TYPICAL SIGN DETAIL 1/8" ,, 1' A Prol~ of the & 8el'v~me IEXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH SIGN 88 11 JAN 1999 t Sanctuary ~ ,,,x PAINTI ( w/ Activities Building ~ o~o~ GROU ENDP( EMBEI ' 2" ENDPOST SIGNAGE PANEL 2 1/4" HIGH TEXT GROUND-SET SUPPORT , IN CONCRETE :NT TYPICAL SIGN DETAIL 1/8" ,= 1" A Prol~ct of the & Beryls EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISIGN S9 11 JAN 199.c 4O" Pleitz Building ~_~,~x~ ( w/ GRADE GROUt ENDP( EMBE[ 2" ENDPOST SIGNAGE PANEL .3" HIGH TEXT ;ROUND-SET SUPPORT , IN CONCRETE )MENT TYPICAL SIGN DETAIL 1/6'-1' A Proleot of the & Berrie# ~ ~ ~'APT'~'i~' ~H 11 JAN 199.c 40" Reed Building ~ ~'× P^INTI w/ GRAD[ GROUI ENDP( EMBE[ 2" ENDPOST 'ED SIGNAGE PANEL ,3" HIGH TEXT GROUND-SET SUPPORT , IN CONCRETE TYPICAL SIGN DETAIL I/8" = 1' A Prol~t of the Property & 8ervk~ee C4)nmdtt~ EXTERIOR SIGNAGE PARK CITIES BAPTIST CHURCH ISIGN Sll 11 JAN 1999 Z < © < 10430-1 SECTION 10430 - EXTERIOR SIGNS PART 1 - GENERAL 1.1 SECTION INCLUDES: A. Non-Illuminated directional post and panel signs. 1.2 REFERENCES: A. ASTM C94 - Ready-mixed concrete. 1.3 SUBMITTALS: A. Shop Drawings: Submit Shop Drawings in accordance with Section 01340. Indicate graphic symbol and lettering layout on flat panel and construction of supporting frame, for each sign type. PART 2 - PRODUCTS 2.1 NON-ILLUMINATED DIRECTIONAL POST AND PANEL SIGN: A. Product: 200 Series Exterior Post and Panel Sign by Bunting Graphics, Inc. Is the specified standard-of-quality product. Include the following features: Type 2S 2" x 2" posts using mounting style PP-2 (ground mount, fixed aluminum panel faces, G121 silkscreen graphic text and symbols, custom color, copy as indicated in schedule. B. Copy: Times Roman. C. Acceptable Manufacturers include the following, subject to conformance with the specified standard of quatijy: Inner'Tace Architectural Signage, Adelphia Graphic Systems, ASl Sign Systems 2.2 CONCRETE POST FOOTINGS: A. Ready-mix concrete, ASTM C94, minimum 28 day compressive strength of 2500 psi. PART 3 - EXECUTION 3.1 INSTALLATION: A. Assemble as detailed on reviewed Shop Drawings. B. Posts: Provide minimum post hole diameter 4 times outside post dimension and minimum depth of 2 feet. Set post plumb to 1/4 in. in 10 ft., fill hole with concrete to grade and extend concrete a minimum of 2 in. below bottom of post. Crown surface of concrete to slope away from post. End of Section ORDINANCE NO. 0 0 / 17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CLARIFYING BY AMENDING THE CODE OF ORDINANCES TO DELETE IMPROPER REFERENCE TO NONEXISTENT CODE PROVISIONS; ESTABLISHING THE SEVERABILITY OF THIS ORDINANCE AND PROVIDING FOR ANY CONFLICTING PROVISIONS; AND ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, the former Chapter 4, Article 4.200, of the Code of Ordinances of the City of University Park pertaining to the vending of frozen dairy food products was repealed by Ordinance 97/8 adopted May 6, 1997; AND WHEREAS, Chapter 4, Article 4.1000, Section 4.1002 of the Code of Ordinances of the City of University Park referenced the repealed Article 4.200; AND WHEREAS, the City wishes to clarify by deleted the extraneous and incorrect reference in the Code of Ordinances; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: I. CODE AMENDED Chapter 4, Article 4.1000, Section 4.1002(a) of the Code of Ordinances of the City of University Park shall be amended as follows: (a) A person commits an offense if he sells or offers for sale any personal property or service from a street, sidewalk, alley, park, open space, or any other public property ~vithin the city, ...... · .......;~a .._a~ A .-,~ ~ -m,~ ~;.,;~.. ............ ~ .............~ .... v ........ evised Code of Ordinances, 1981, Chapter 7, Section 1 lB) II. SEVERABILITY OF ORDINANCE It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance hereby adopted are severable and, if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, or sections, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. III. CONFLICTING PROVISIONS That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. IV. EFFECTIVE DATE That this Ordinance shall take effect June 6 ,2000. PASSED AND APPROVED BY THE CITY UNIVERSITY PARK, TEXAS, ON THIS JUNE ,2000. COUNCIL OF THE CITY OF THE 6TH DAY OF APPROVED: Mayor ATTEST: ORDINANCE NO. 0 0 / ~ 8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY APPROVING PLANNED DEVELOPMENT DISTRICT NUMBER 27 FOR PROPERTY IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS A TRACT OF 183.5 FEET BY 177 FEET AND 53.4 FEET BY 172.8 FEET BY 171 FEET IN THE JEFFERSON TILLEY SURVEY, ABSTRACT 1480, DALLAS COUNTY, TEXAS, AND COMMONLY KNOWN AS 2600 WESTMINSTER AVENUE, UNIVERSITY PARK, TEXAS; 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 of University Park, Texas, as heretofore amended, be, and the same are hereby, amended by approval of Planned Development District No. 27 for the St. Christopher's Episcopal Church on property described as a tract of 183.5 feet by 177 feet and 53.4 feet by 172.8 feet by 171 feet in the Jefferson Tilley Survey, Abstract 1480, Dallas County, Texas, and commonly known as 2600 Westminster Avenue, University Park, Texas. 33499 SECTION 2. That the detailed site plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" ("Topographic Survey") and made a part hereof for all purposes, the same as if fully copied herein. That such site plan contains the data required by Sections 22-300 and 22-500 of the Comprehensive Zoning Ordinance. SECTION 3. That the granting of Planned Development District No. 27 is subject to the following special conditions: A. Development of the property shall be in accordance with the approved site plan and all provisions of the Comprehensive Zoning Ordinance of the City of University Park, as amended hereby. B. Conditions for development of the property will be as follows: 1. Development shall be in accordance with the approved site plan, which includes landscape requirements as shown thereon; 2. Water sprinklers will be installed to irrigate the photinia screen on the South and West sides of the fence and at the southwest comer of the School building within thirty (30) days of completion of the equipment, fencing, and landscaping; 3. The "asphalt parking" area shown near the southwest comer of the property shall be removed or replaced with a parking area with a driveway approach across public right-of-way constructed with 6" of reinforced concrete. The parking area shall be constructed of a minimum of 4" of reinforced concrete, or, in the alternative, constructed with a minimum of 4" of asphalt with a base of 6" of compacted rock or crashed concrete fines. The owner or its contractor must obtain a building permit through the Building Department of the City prior to commencing work; and 4. The parts of the play equipment colored "yellow" will be replaced with identical parts colored dark brown or dark green or other similar "earth tones". SECTION 4. That all ordinances of the City of University Park in conflict with the provisions of this ordinance or the Comprehensive Zoning Ordinance as amended hereby be, and 33499 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 or the Comprehensive Zoning Ordinance as amended hereby 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 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 a violation is continued shall be deemed to constitute a separate offense. SECTION 7. That 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 UniversJ_ty Park, Texas, on the 3 rd day of July ,2000. APPROVED: HAROLD PEEK, MAYOR ATTEST: 33499 CItY ATTORNEY (RLD/4-24-00) 33499 ORDINANCE NO. 0 0 / 19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE EAST SIDE OF THE 6600 BLOCK OF AIRLINE ROAD FOR A DISTANCE OF FIFTY FEET (50') IN EACH DIRECTION FROM THE POINTS OF ITS INTERSECTION WITH THE ALLEY; PROVIDING FOR THE ERECTION OF 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 TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, parking on the east side of the 6600 block of Airline Road, from the points of its intersection with the alley, fifty feet (50') in each direction, creates traffic congestion and hazards to motorists and pedestrians by restricting the sight distance; Now, Therefore, 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 any motor vehicle at any time on the east side of the 6600 block of Airline Road, from the points of its intersection with the alley pavement for a distance of fifty feet (50') in each direction. 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 decided to be invalid, illegal or unconstitutional. 34335 SECTION 4. 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 subject to a fine not to exceed the sum of Two Hundred ($200.00) Dollars for each offense. SECTION 5. That 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 restrictions set out herein shall not be effective until appropriate signs giving notice thereof shall have been erected as provided by the Code of Ordinances. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July, 2000. APPROVED: HAROLD PEEK, APPROVED AS TO FORM: CITY ATTORNEY (RLD/6-7-00) ATTEST: SECRETARY 34335 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS ORDINANCE NO. 00 / 20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, GRANTING A REVOCABLE LICENSE TO SOUTHERN METHODIST UNIVERSITY TO OCCUPY, CERTAIN PUBLIC PROPERTY BY PLACING AND MAINTAINING SPECIAL EVENT SIGNAGE IN, OVER AND ACROSS STREET RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF UNIVERSITY PARK; PROVIDING THE TERMS AND CONDITIONS OF THE LICENSE; PROVIDING FOR THE COSTS OF INSTALLATION TO BE PAID BY THE UNIVERSITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That a revocable "License", subject to the terms and conditions of this ordinance, is hereby granted to Southem Methodist University ("SMU" or the "University"), hereinafter also referred to as "Grantee", to occupy and utilize, for the purposes set out herein, certain utility poles in the streets and dedicated fights-of-way of the City. SECTION 2. That this License is granted for a term of two (2) years or until the conclusion of the 2001 SMU football season, whichever is sooner, unless sooner terminated according to other terms and provisions herein contained. SECTION 3. That Grantee shall pay all costs associated with the use of the City's rights- of-way as authorized herein. All sums payable to the City of University Park hereunder, if any, shall be paid to Director of Finance, City of University Park. SECTION 4. That this License grants the non-exclusive right and privilege to SMU to place and maintain Special Event signage (banners"), of the type and design depicted in Exhibit "A" attached hereto, in, along, across, on, through, and over the public streets and fights-of-way of the City of University Park at the locations depicted in Exhibits "B" and "C" attached hereto. That the design, specifications and materials proposed for the brackets and banners have been reviewed and approved by the Urban Design and Development Advisory Committee of the City. SECTION 5. That the License hereby granted is subject to the following terms and conditions: (a) All banners and brackets for holding the banners shall be installed, maintained and removed by the University, through a contractor approved by the director of Public Works (the "approved contractor"), or by City employees, if so elected by the University, on utility and light poles within City rights-of-way in accordance with the applicable City Codes and ordinances, at the sole cost and expense of SMU. 34803 The brackets and banners will be supplied by ABC Flag at the sole cost and expense of the Grantee. (b) The placement and maintenance of banners under authority of this License shall be subject to the lawful, reasonable and proper control and direction of the City. The banners and brackets will be installed immediately before and removed immediately after each of the SMU football seasons in 2000 and 2001. (c) The approved installer, whether a City crew or an approved contractor, shall use all reasonable caution to avoid disturbing the facilities of any other party occupying the locations depicted in Exhibits "B" and "C", and Grantee shall bear all costs for damages that result from accidental personal injury or property damage that occurs as a result of the placement, maintenance or removal of the brackets or banners, unless such damage is caused by the gross negligence or willful misconduct of a City employee. (d) The City shall immediately remove any banner or bracket that is dangerous to life or property or which constitutes a hazard to vehicular or pedestrian traffic at the sole cost and expense of Grantee, all without compensation or liability for damages to Grantee. (e) "Small" banners authorized hereby shall be no more that 16" wide by 36" high. "Large" banners shall be no more than 20" wide by 50" high. Both sizes shall include the installation "loops", top and bottom. (f) The banners shall be red, white and blue in color as shown by Exhibit "A" and made of nylon material. (g) Only single panel small banners shall be permitted on the poles in Snider Plaza. Large banners shall be permitted in other locations shown on Exhibits "B" and "C". Placement of brackets and banners on utility poles belonging to any entity other than the City shall only be permitted with the prior written consent of the owner. SECTION 6. (a) That at such time as this License is terminated or canceled for any reason whatsoever, City employees or an approved contractor for the University, at the sole cost and expense of Grantee, shall remove all banners and brackets owned by Grantee situated in, under or attached to the licensed area, and shall restore the premises to its former condition, normal wear and tear excepted, in accordance with the reasonable requirements of the City Manager at the sole cost of Grantee. 34803 (b) The License is nonexclusive and is made expressly subject and subordinate to the right of the City to use the licensed area for any public purpose. The governing body of the City reserves the right at any time to unconditionally revoke this License, at will, by resolution duly passed by said governing body, giving Grantee not less than thirty (30) days notice of said revocation. Upon passage of said resolution, all rights granted hereunder shall thereupon be considered fully terminated and canceled and the City shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the courts. Grantee shall have the right of cancellation upon giving the City thirty (30) days written notice of its intention to cancel, and in the event of termination or cancellation by the City or Grantee, as the case may be, this License shall become null and void and City employees or the approved contractor shall remove any improvements and encroachments from said area at Grantee's expense. (c) Grantee, and its approved contractor, if any, shall obtain and maintain in full force and effect throughout the term of this license, and any extension or renewal thereof, insurance with an insurance company licensed to do business in the State of Texas, approved by the State of Texas, and acceptable to the City. All companies will be required to be rated A-VI or better by A. M. Best or A or better by Standard and Poor's. The insurance shall be issued in the standard form approved by the State Board of Insurance. The City shall be shown as an additional insured and Grantee shall provide City with proof of such insurance so required at the time of filing the acceptance of license, as required by Section 7 herein. The City reserves the right to review these insurance requirements during the effective period of the license, and any extension or renewal thereof, and to adjust insurance coverage and the limits thereof when deemed necessary and prudent by the City's Risk Manager, based upon changes in statutory law, court decisions, or the claims history of the industry or the Grantee. Grantee shall maintain the following coverages at all times during the term hereof: Commercial General (Public) Liability to include coverage for the following, where the exposure exists: (i) Premises/Operations Combined Single Limit for Bodily Injury and Property Damage Liability (ii) Independent Contractor's Damage $3,000,000 per occurrence or its equivalent (iii) Products/Completed Operations (iv) Personal Injury (v) Contractual liability (vi) Explosion, collapse, and underground property damage 34803 Unless otherwise provided, the minimum coverage shall be: $1,000,000.00 - Bodily Injury or Death, Per Occurrence $1,000,000.00 - Property Damage, Per Occurrence The City shall be entitled, upon request and without expense, to review copies of the policies and all endorsements thereto. The City may make any reasonable requests for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either City or Grantee or upon the underwriter for any of such policies. Upon request for deletion, revision, or modification by the City, Grantee shall exercise reasonable efforts to accomplish the changes in policy coverage, and shall pay the cost thereof. Grantee agrees that, with respect to the above required insurance, all insurance contracts will contain the following required provisions: mo name the City and its officers, employees, board members, and elected representatives as additional insureds (as the interests of each insured may appear) as to all applicable coverage; provide for forty-five (45) days notice to the City for cancellation, non-renewal, or material change; C. provide for notice to the City Secretary by certified mail; and provide that all provisions of the license ordinance, as amended, concerning liability, duty, and standard of care, including the indemnity section of this license ordinance, shall be underwritten by contractual coverage sufficient to include such obligations within applicable policies. The insurance policies obtained by Grantee in compliance with this section shall be subject to approval by the City, and such proof of insurance, along with written evidence of payment of required premiums, shall be filed and maintained with the City Secretary during the term of this license ordinance, or any extension or renewal thereof, and may be required by the City. Grantee shall immediately advise the City Secretary of any actual or potential litigation that may develop that would affect this insurance. Insurers shall have no right of recovery against the City, it being the intention that the insurance policies shall protect Grantee and the City and shall be primary coverage for all losses covered by the policies. 34803 The policy clause "Other Insurance" shall not apply to the City of University Park where the City is an insured on the policy. Companies issuing the insurance policies shall have no recourse against the City of University Park for payment of any premium or assessments which all are set at the sole risk of the Grantee. Grantee shall carry said insurance at its expense, and shall fumish to the City of University Park a certificate of such coverage. Said policy shall bear an endorsement to the effect that no cancellation will be effective without first giving forty-five (45) days written notice to the City Manager. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be canceled and terminated. Nothing in this Ordinance shall be construed as to prevent Grantee from satisfying any insurance obligations pursuant to this Ordinance under a blanket policy or policies or pursuant to a decision to self- insure or not insure. Should Grantee fail to provide a certificate evidencing insurance coverage in accordance with the specifications as required by this section within thirty (30) days subsequent to mailing of a written request therefor, the City Manager may terminate the license granted herein. (d) This license is subject to all State laws, the provisions of the Charter of the City of University Park as it now exists, or as may hereafter be adopted or amended, and the Ordinances of the City of University Park now in effect or those which may hereafter be passed or adopted. (e) As a condition hereof, Grantee agrees and is bound to indemnify, defend, and hold the City of University Park whole and harmless against any and all claims for damages, costs and expense, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of Grantee's installations and improvements within above-described public property, or from any act or omission of any representative, agent, and/or employee of Grantee, and where lawful, by reason or as a consequence of having granted permission to Grantee to use, lease, sell, and maintain the above-described public property, unless such damage or other loss or injury is caused by the gross negligence or willful misconduct of the City, its employees, contractors or agents. Grantee shall make no claim of any kind or character against the City of University Park for damages that it may suffer to its property located within public rights-of-way pursuant to this license that it may suffer by reason of the installation and/or maintenance of any personal property installed within said rights-of-way. 34803 (0 This license is subject to any existing utilities or communication facilities presently located within the licensed area, owned and/or operated by the City or any utility or communications company, public or private, and to any vested rights presently owned by any utility or communications company, public or private, for the use of the licensed area for facilities presently located within the boundaries of said licensed area. SECTION 7. That the license granted hereby shall not become effective until and unless Grantee files an acceptance, in writing, to the terms and conditions of this ordinance with the City Secretary of the City of University Park. In the event said acceptance in writing is not filed within thirty (30) days after passage of this ordinance as provided for herein, then this ordinance shall be of no further effect and shall be considered as having been canceled fully. SECTION 8. That the terms and conditions contained in this ordinance shall be binding upon Grantee. SECTION 9. That this license may not be assigned. SECTION 10. That this ordinance shall take effect 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 this the 19TIt day of army ,2000. APPROVED: HAROLD PEEK, MAYOR APPROVED AS TO FORM: CITY ATTORNEY (RLD, %14-00) ATTEST: I~II~V~IL~, ~ECRETARY SOUTHERN METHODIST UNIVERSITY 34803 SOUTHERN METHODIST UNIVERSITY BY; ,~~.(,.e,-oO~..--~ ITS President 34803