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HomeMy WebLinkAboutBook 10 12/07/81 - 11/01/88ABANDONING ALLEY to Lakewood Bank Westminster Place Addition 82/g 06/28782 42-43 ABANDONING ALLEY in Block 2, Walkers Addition to Jackson/Chapman ADMINISTRATIVE ORGANIZATION STRUCTURE, amending (jurisdiction of the court) AMBULANCE FEES, raising to $85.00 AMBULANCE FEES, raising to $10.00 ABANDONING EASEMENT, St. Andrews Place Addition 82/20 09/07/82 83/4 02/17/83 83/17 05/19/83 84/19 06/21/84 84/24 07/19/84 ACCESSORY BLDGS., defining & uses 85/3 02/11/85 ABANDONING ALLEY to SMU (by Moody) ALLEYS (RESIDENTIAL) restricting use by trucks over 25,000 GVW 85/4 02/21/85 85/6 03/19/85 ADMINISTRATIVE ORGANIZATIONAL STRUCTURE of City ADMINISTRATIVE ORGANIZATIONAL STRUCTURE Amending ALLEYS (RESIDENTIAL) prohibiting trucks over 2½ tons from using 85/8 06/04/85 85/9 06/27/85 85/19 09/23/85 ALLEY/PARKWAY maintenance: Responsibility 85/24(a) 11/20/85 of abutting property owner, lessee, or person in charge of property ADMINISTRATIVE ORGANIZATIONAL STRUCTURE; amending re public works and finance ALARMS; SECURITY SYSTEMS; applications for permit, etc. ALARMS; SECURITY SYSTEMS; perpetual permit; fees for false alarms. ALARMS; SECURITY SYSTEMS; exempting public institutions from false alarm fee. ARREST WARRANTS; providing fee for issuance and service. ABANDONING CHURCH STREET and part of alley to Park Cities Baptist Churck 86/5 2/20/86 83/16 5/2/83 83/38 11/7/83 85/26 12/18/85 83/39 11/7/83 87/5 04/21/87 67-68 100-1 137 235 244 272-4 275 278 280-81 282 308 316 342 132 177 324 179 425-6 BUILDING PERMIT FEES, amending BUILDING PERMIT, Time limit of, Clean- liness during construction BUILDING PERMIT, deposit in regard to removal of construction debris 82/13 82/14 BUDGET 1982-83, approving 1982 BUILDING CODE, adopting BUDGET 1983-84, adopting BUILDING CODE; runoff water BUDGET 1984-85, adopting BUILDING PERMIT FEES (residential) BUILDING PERMIT FEES (nonresidential) BUILDING RESTRICTIONS, rescinding Ord. No. 85/3 82/22 83/9 83/26 83/33 84/29 84/17 84/33 85/11 BUDGET 1985-86, adopting BUDGET 1986-87, adopting $9,942 mill BUILDING CODE, UNIFORM 1985 Edition adopting BUTANE, PROPANE, etc., allowing use and storage under certain conditions BUDGET 1987-88, adopting B.O.C. MEETINGS, amending to comply present practice BUILDING CODE: amending Metal bldgs. trench safety, damage to drainage/sewer BUDGET 1988-89, adopting 85/13 86/15 86/16 87/14 87/18 88/2 88/9 88/17 8/19/82 8/19/82 9/27/82 3/21/83 09/06/83 10/03/83 09/27/84 05/23/84 10/24/84 09/10/85 09/23/85 09/16/86 09/16/86 07/01/87 08/18/87 01/26/88 02/16/88 09/06/88 ~3-~ 2.9_~3~ 55 56 70 112-19 155 167 253 229-30 261 297 299 368 367-76 438-39 447 536 557-8 578 CODE OF ORDINANCES, new revised 1982 COURT BALIFF, chief's duty to provide CIRCULAR DRIVEWAYS, gravel for drains purposes CODE OF ORDINANCES, adopting supplemt 1 through 4. CONVERSION OF PARKWAY FOR PARKING prohibited CHALK MARKS ON TIRES, prohibiting removal or application of CODE OF ORDINANCES, adopting Supplement No. 5. 82/1 83/4 83/44 84/4 84/6 84/8 84/9 CABLE TV RATES, increasing 84/18 84/26 CODE OF ORDINANCES, adopting Sup.# 6 CLEAN UP DEPOSITS, increasing and providfng for withdrawal of building permit.85/5 85/21 CONSTRUCTION HOURS: 7 am.-6 pm. Mo-Sat. offensive noises, odors, CODE OF ORDINANCES, adopting Supplements 7, 8 and 9 COMMERCIAL COLLECTION FEES: administrative changes only 85/23 86/6 CABLE TV, WARNER AMEX; see "Warner Amex" CIVIL PREPAREDNESS; creating position of Emergency Management Director, etc. 83/18 CODE OF ORDINANCES, adopting Supplement No. 10 CODE OF ORDINANCES, adopting Supplement No. 11 CODE OF ORDINANCES, Suppl. No.12 CERTIFICATES OF OBLIGATION, Series 1 CODE Of ORDINANCES, Suppl. No. 13 COG's STANDARD SPECS FOR PUBLIC WORKS CONSTRUCTION, adopting 87 86/11 87/6 87/26 87/28 ~88/15 i88/24 2/4/82 2/17/83 11/22/83 02/16/84 02/16/84 03/05/84 03/22/84 06/04/84 08/30/84 03/19/85 10/07/85 10/23/85 02/20/86 5/19/83 06/17/86 04/21/87 11/17/87 12/03/87 07/05/88 10/04/88 !7~22 101 187-8 212 215 217 218 231-34 247 277 313 315 343-44 138 357 427 464 493-509 574 593 DP&L, fuel tariff schedule Drainage standards for lots DRAINAGE STANDARDS for lots, amendment DP&L new rates and tariff schedule DEFERRED COMP.-F.R.R.F. DP&L, Presently TUEC - reducing rate requested DISH ANTENNAS (satellite), regulation DEPARTMENTAL REORGANIZATION: Public Works and Finance DANGEROUS MATERIALS; underground storage. DRAINAGE FEE: establishing monthly in lieu of compliance with impervious area limitations DISANNEXING two small tracts of land by Central Expressway (to Dallas) 82/18 8.19.82 60 83/33 10/03/83 167 83/43 11/22/B~ 84/2 01/19/84 84/13 05/11/~ 84/20 06/21/84 236~7,~ 85/1 01/07/85 270 86/5 02/20/86 342 82/6 6/8/82 38 86/22 11/18/86 393-4 87/15 07/21/87 440-41 ENFORCEMENT OF CODES, responsibility of City Engineer EMERGENCY MANAGEMENT, comprehensive program DRAINAGE STANDARDS FOR BLDG. SITES run-off water ELECTRICAL APPLIANCES USAGE, in dormito- ries, sorority/fraternity houses EASEMENTS. Accepting deeds granting utility easement & parking easement Atkinson Land Company EMERGENCY 9-1-1: authorizing SW Bell to add 6% charge to base monthly bill ELECTION: amending section to comply with state law EMERGENCY 9-1-1: allowing SWBell to add charge to base rate to customers ELECTIONS: changes to comply with TX law ELECTRICAL CODE: Adopting 1987 Edition 82/5 83/18 83/43 84/5 84,/10 88/1 88 / 3 88/1 88/3 88/8 06/08/82 05/19/83 11/22/83 02/16/84 03/22/84 01/26/88 01/26/88 01/26/88 01/26/88 02/16/88 37 138-141 186 219 . 533-35 537-39 533-35 537-39 547-56 FEES: Building Permit (amending) FIRE RETARDANT ROOFING and masonry external walls for FIRE RETARDANT WALLS in SF-A, 2F, MF 82/1 (Amd.~2) 4/5/82 29-30 82/5 5/20/82 55 south side FEES: VEHICLE WRECKER AND IMPOUNDMENT 83/31 10/03/83 163,4 increasing FALSE ALARM ORDINANCE, amending for 83/38 lly07y83 i77-78 one-time $25 fee F.R.R.F. DEFERRED COMP. defer federal 184/13 05/11/84 223 income taxes FEES: UTILITY SERVICE CONNECTIONS I FEES: Residential Collection Fees FEES: Building permit-residential ! 84/i7 05/23/84 229-30 FRANCHISE PCCTV: amending to increase 84/18 06/04/84 231-34 cable TV rates FENCE REQUIRED AROUND RESIDENTIAL construction/major remodeling sites I 82/15 8/19/82 57 FOOD SERVICE ESTABLISHMENTS, licenses and 82/27 11/1/82 inspections ~ ~ 83-6 FRANCHISE- WARNER AMEX CABLE COMM. INC. 82 30 grants license to bury cables on various locations, city property FIRE RESISTANT CONSTRUCTION MATERIAL 83/2 01/06/83 98 for commercial buildings 1982 FIRE CODE, adopting 83/8 03/21/83 109-11 FALSE ALARM ORDINANCE I 83/16 05/02/83 132-136 FIRE RESISTIVE STANDARDS/MATERIALS for 83/20commercial occupancies 06/23/83 147 FIRE LANE, 4400 block of Mockingbird PkY. 83/30 10/03y83 i62 FALSE ALARM FEES: exempting public institutions from FIRE RESISTIVE FLOORING, CEILING, WALLS; FIRE STOPPING. 85/10 07/24/85 283 i85/26 12/18/85 324 82/7 6/8/82 39 FOOD SERVICE ESTABLISHMENTS; providing for permit fee. !84/11 4/19/84 228 FIRE CODE, UNIFORM 1985 Edition 86/19 09/!6/86 384,6 FIRE EXTINGUISHING SYSTEMS by bldg. area 86/20 09/16/86 387,9 FLOOD DAMAGE PREVENTION REGULATIONS 86/26 12/16/86 406-16 FIRE LANE:2800-2900-3000 blocks Yale 87/2 02/17/87 418 north & south curb sides of median FRINGE BENEFITs: increasing holidays, 87/2i 08/i8/87 450,45 vacation & sick leave benefits FEES: Expense fees for warrant of arrest 87/23 09/15/87 457-8 and for dismissal in defensive driving cases FIRE LANE: 6000 blk.Connerly Dr., E. Side 88/11 03/15/88 560 FISCAL IMPACT STATEMENT, Requiring in 88/22 01/04/88 590 certain cases when there is expenditure of city funds (TMRS, FRR, etc.) FIRE EXTINGUISHING SYSTEMS: requiring 88/26 10/08/88 595-6 automatic GOAR PARK PAVILION, amending rental fees GRASS, WEEDS (NUISANCE), notice, filing lien on property. GRAVEL DRIVEWAYS, allowing this and also tandem parking in SF in certain cases GARBAGE, Commercial Collection Fees GARBAGE, Residential Collection Fees GARBAGE, Residential and Commercial GRASS, WEEDS, MAINTENANCE OF PARKWAY AND ALLEYS: Responsibility of abutting property owner, GARBAGE: Residential/Commercial collec- tion fees GARBAGE COLLECTION from high volume users by franchised collection companies 83/21 06/23,/83 83/37 11/07/83 148-49-50 175-76 83/44 11/22/83 187-88 07/02/84 238 05/23/84 227 09623/85 302=~03 84/21 84/16 85/15 85/24(A) 11720f85 86/12 08/I9/86 358-9 88/14 05/17/88 569-73 HEALTH INSPECTIONS for food service establishments HEIGHT OF BUILDINGS, MAXIMUM, 35 feet HOUSE MOVING REGULATIONS in U.P. HOLIDAY (Personal), SICK LEAVE (six months for employees HEIGHT OF RESIDENTIAL STRUCTURES, defining the 35 feet HEALTH PERMIT FEE, increase to $100 82/27 11/01/82 83-86 83/il 04/21/83 121 83/15 05/02/83 125'13i 83/34 10/26/83 168-169 83/42 11/22/83 184-85 84/11 04/19/84 228 HEIGHT OF MULTI-FAMILY STRUCTURES, defining the 35 feet. HEIGHT OF RESIDENTIAL STRUCTURES, restricting, no residential 3rd floor HEIGHT OF BLDGS., to include SF-A, see zoning ordinance 2F-l, 2F-2, MF-1, MF-2 and MF-3 HEIGHT OF RESIDENTIAL STRUCTURES, 85/11 09/10/85 297 rescinding Ordinance No. 85/3 HEARINGS: COMBINED P&Z AND BOC HEALTH PERMIT FEE: $175 or $275 HEALTH PERMIT FEE: standardizing at $175 87/4 04/21/87 424 87/24 10/20/87 459 88,/25 10/04/88 594 INSPECTIONS, LICENSES for food service establishments ICE CREAM VENDORS, permit process ICE CREAM VENDORS, exception from Section 7 INCENTIVE PAY: eliminating for service center hourly employees 82/27 84/22 84/23 11/01/82 83-6 07/02/84 239-40-4 07/19/84 245 87/1 01/20/87 417 JUDGES (ACTING) providing for the appointment of 83/35 10/26/83 170 LICENSES & INSPECTIONS of food service establishments LEFT TURN ONLY LANE on University Blvd. going southbound Central Service Roa LONE STAR GAS CO., approving schedule of rates effective 12/22/83 LONE STAR GAS CO., approving surcharge LONE STAR GAS CO., main line extension rate. LONE STAR GAS CO., approving schedule of rates effective January 1986 LIABILITY PLAN: City Officers/employees LONE STAR GAS CO., schedule of rates 82/27 11/01/82 83-6 83/13 05/02,/83 123 83/46 12/22/83 191-95 84/3 01/19/84 199-200 84/27 08/30/84 248 86/1 01/06/86 331-6 86/13 08/19/86 360-3 86/23 11/18/86 395-400 MASONRY EXTERNAL WALLS & fire retardant 5/20/82 roofing, SF-a, MF-1, MF-2, MF-3 MATERNITY BENEFITS, deleting city coverage for women employees only. MAXIMUM HEIGHT OF BUILDINGS, 35 FEET MAINTENANCE: responsibility of abutting property owner, lessee, or individual in charge to maintain parkways/alley MOVING OF BUILDINGS; requirements. MUNICIPAL COURT; appointment of Acting Judges. MUNICIPAL COURT: changing regulating code MECHANICAL CODE, UNIFORM 1985 Edition MEETING DATES & AGENDA for B.O.C. meetings M.I.C.U. fees - $170.00 83/3 2/03/83 99 83/11 4/21/83 121 85/24 11/20/85 316 83/15 5/2/83 125 83/35 10/26/83 170 86/9 05/20/86 353 86/17 09/16/86 377Z9 88/2 01/26/88 536 88/19 09/06/88 580-81 NUISANCE WEEDS, GRASS, notice, filing lien on property 83/37 11/07/83 175-76 ONE-WAY TRAFFIC, Park Street between University & McFarlin-South OVERTIME PARKING MARKS, prohibiting the removal or application ORGANIZATIONAL STRUCTURE OF CITY ORGANIZATIONAL STRUCTURE OF CITY ORGANIZATIONAL STRUCTURE OF CITY 82/17 8/19/82 59 84/8 03/05/84 217 85/8 06/04/85 280-81 85/9 06/27/85 282 83/4 2/17/83 100 PARKING STANDARDS spaces in the city. for all parking 82/4 5/20/82 36 PENETRATION OF FLOORS/CEILINGS, regula- ting and requiring protective coverings PARKING RESTRICTIONS 4000 BK.DRUID LANE no-parking 100 feet from Preston 2-hour, 8 am.-5 pm., Monday-Friday PAY PLAN FOR BUILDING INSPECTORS, amending PARKING STANDARDS & REQUIREMENTS for 2F and MF PAY PLAN, 1982-83 82/7 06/08,/82 82/10 07/12/82 82,/11 07/12/82 82/16 8/19/82 82/23 9/27/82 39 50 51 58 71-8 PARKING, 2-HOUR, E.side 6000 block of Key St., between Shenandoah & Binkley 82/28 11/18/82 87 PARKING, ELIMINATION OF 2-HOUR, 5900 and 6000 blocks of Key St., west side 83/5 03/10/83 105 PARKING SPACE REQUIREMENTS for front of lot and circular driveways 83/6 03/10/83 106 PAVILION, GOAR PARK, amending rental fees PENALTY (INCREASING TO $1,000) for violation of Code of Ordinances. 83/21 06/23/83 83/28 09/19/83 148-49-50 157 PAY PLAN, 1983-84 POLICE RESERVE UNIT, providing for perpetual commissions 83/29 09/19/83 158-61 83/36 10/26/83 171 PARKING, 2-HOUR on 8 ,spaces in front of Seay Tennms Center, 4200 blk Grassmere PARKWAY: Conversion for parking purposes is prohibited 83/40 11/07/83 180 84/6 02/16/84 215 PARKING, interfering with overtime park- ing enforcement prohibited PERMIT, requiring for sidewalk construc., curb break out, driveway approach on public property PAY PLAN ORDINANCE 1984-85 84/8 03/05/84 ~;7 84/25 08/06/84 246 84/30 09/27/84 254=57 PLANNING AND ZONING COMMISSION, amending 84/32 '09/27/84 260 to allow appointment of 3 alternates PARKING, 2-HOUR, entire Park Cities Pz. 85/2 01/07/85 271 PAY PLAN, 1985,86 I i 85/20 10/07/85 309:i2 PARKING prohibited on sidewalks, parkways 85/22 10/07/85 314 and motor homes on street. PARKWAYS/ALLEYS maintenance: responsibil. 85/24~) 11/20/85 316 of abutting property owner, lessee, or person in charge of property. PLUMBING CODE, UNIFORM 1985 Edition 86/18 09/16/86 380-3 PERSONNEL: holiday & sick leave for maternity leave PERSONNEL: Eliminating incentive pay from service center employees PROHIBITING PARKING at 3500 block of Amherst (south side) Mo-Friday 86/24 12/16/86 4Ol 87/1 01/20/87 417 87/7 04/21/87 428 NO-PARKING at all times on 3800 block: of 87/8 04/21/87 429 University (north side) PROPANE, BUTANE, etc. Allowing use and storage under certain conditions PARKING: Allowing temporary parking mobile homes, travel trailers, etc. PAY PLAN ORDINANCE, 1987-88 PEDDLERS & SOLICITORS, amending PAY PLAN: Police amendments PARK RESERVATION FEES: tennis permit, pavilion, parks & Playing fields PERSONNEL SECTION: amending to 1. Powers & duties as purchasing Agent 2. OfficiaI employee holidays 3. Employee Vacation benefits 87/14 07/01/87 87/16 07/21/87 87/22 09/15/87 87/25 10/20/87 87/31 12/15/87 87/31 12/15/87 438-39 442'43 452-56 461-63 528-30 531-32 88/4 01/26/88 540-1 PAY PLAN: amending 88/5 01/26/88 542 PENALTY FOR VIOLATION OF CODE: increasing 88/6 01/26/88 543-4 to $2,000 or $500 PARKING LIMITED TO TWO HOURS on 3560 88/11 03/15/88 560 block of Haynie, both sides PAY PLAN: amending 88/12 03/19/88 568 PERMIT TO PAINT HOUSE NUMBERS 88/20 09/06/88 581-84 PAY PLAN ORDINANCE, 1988-89 ! 88/21 09/21/88 585-89 PAY PLAN: amending crossing guard wage RETIREMENT,TMRS, 10-year vesting RETIREMENT,TMRS, 7% contribution RUNOFF WATER, drainage standards of lots " " " ; amendment REQUIRING PERMIT for sidewalk constrd. curb break out, driveway approach REMOVAL OF CONSTRUCTION DEBRIS, increasing deposits and providing for withdrawal of building permit. RESTRICTION ON USE OF RESIDENTIAL ALLEYS by trucks up to 25,000 GVW RISK MANAGEMENT AND ASSUPTION PLAN 82/26 10/22/82 81-2 82/29 11/18/82 88 83/33 10/03/83 167 83/43 11/22/83 186 84/25 08/06/84 246 85/5 03/19,/85 277 85/6 03/19/85 278 87/29 12/15/87 510-15 SIDEWALKS, establishing kind of material allowed when building on city property. SEWER SERVICE CHARGES, amending language 5 82/12 83/1 07/12/82 52 01/03/83 96-7 SWIMMING POOL REGULATIONS, use by day 83/7 care centers, and practice by swim teams 03/10/83 107-8 SIDEWALKS, variances to type of material, approved by Environmental Standards Commitee STOP SIGN, E.and W. on Mockingbird Pwy. and Armstrong Pkwy. SWIMMING POOL FEES, amending 83/10 04/04/83 120 83/12 05/02/83 122 83/14 05/02/83 124 SECURITY ALARM SYSTEMS, regulating STREET CLOSING (ST.ANDREWS) during bank hours SEWER CHARGES, increasing SICK LEAVE (after six months) and one Personal Holiday for city employees SECURITY ALARM, amending for one-time $25 fee 83/16 05/02/83 132-136 83/27 09/06/83 156 83/32 10/03/83 165-6 83/34 10/26/83 168-9 83/38 11/07/83 177-78 SMU NONPROFIT CORP., ordering the creation/Southwest Higher Education Authority, Inc. SEWAGE FEE CALCULATION (Annual) further defining the process of calculating 3/41 11/22/83 181-83 83/45 12/07/83 189 SEWER USE REGULATIONS, INDUSTRIAL adopting the City of Dallas SWIMMING LESSON fee for children under six years of age SIDEWALK CONSTRUCTION, requiring permit for SALARY ORDINANCE (see Pay plan) 1984-85 SEWER RATE (AND WATER) SATELLITE ANTENNA DISHES, regulating SEWER RATE (and Water) SICK LEAVE (hourly accrual) SPEED LIMIT: 15 miles./hrs, PARK STREET SEXUALLY EXPLICIT MATERIAL, prohibit sale within 1000' of school/church 84/7 03/05/84 216 84/12 05/11/84 222 84/25 08/06/84 246 85 84/30 09/27/84 254-57 84/31 09/27/84 258-9 85/1 01/07/85 270 85/14 09/23/85 300-1 85/16 09/23/85 304 85/17 09/23/85 30.5 85718 09723:/.85 ~0(o'~ 7 SOLICITOR'S PERMIT-requiring State 85/25 12/!8/[85 ' 3222 license when no driver's license, and 17 min. age SEWER SERVICE CHARGES: administrative 86/6 02/20/86 343~4 changes only STOP SIGN: E,& W, on Southwestern Blvd, 86/4 01/22/86 34 (at Tulane) 84/23 7/19/84 243 84/35 12/3/84 267 86/8 4/10/86 350 86/21 09/16/86 390 SEWER/WATER SERVICE CHARGES 86/25 12/16/86 402-3 STREET VENDING: Prohibition STUMP REMOVAL from parkways SWIMMING POOL; fees & hours SICK LEAVE accumulation per hour instead of days STOP SIGN (four-way) at Airline & Yale STOP SIGN (four-way) at Turtle Creek and Amherst SALES OF PERSONAL PROPERTY (garage, estate Sales, etc.), regulating. SEWER SERViCE CHARGES SALARY ORDINANCE (Pay Plan) 1987-88 SIGN ORDINANCE SELF INSURANCE PROGRAM ORDINANCES: 1. certificates of ogligation 2. Risk Management and Assumption Plan 3. Self-Insurance & Risk Mngmt. Program 87/9 04/21/87 430 87/10 04/21/87 431 87/12 06/16/87 434-36 87/i9 0~i8/87 448 87/22 09/15/87 452-56 87/27 12/15/87 465'92 87/28 12/03/87 493-509 87/29 i2/i5/87 5i0'i5 87/30 12/15/87 516-27 ORDINANCE: Police amendment. 87/31 12/15/87 528-30 SALARY SOUTHWEST HIGHER EDUCATION AUTHORITY 88/10 02/16/88 appointing S. Louis Moore, Jr. 188/11 03/15/88 STOP SIGN on Boedecker as it enters McFarlin from the north SEWER SERVICE CHARGES, effective 10/1/88 88/18 09/06/88 559 560 579 TAX LEVY for 1982 30¢/$100, 40% expt., $50,000 over 65 82/21 TWO-HOUR PARKING, E.side 6000 bk. Key St. 82/28 TMRS, retirement contribution of 7% 82/29 TRAFFIC SIGNALS, installing at Hillcrest 83/22 where it intersects with Binkley and with SMU parking lot entrance/exit. TAX LEVY 1983 39¢/$100, 40% expt., $50,000 over 65 TANDEM PARKING, allowing in certain SF cases; also allowing gravel driveways TEXAS UTILITIES ELECTRIC CO.-TUEC, 84/20 Reducing rates requested by TAX LEVY for 1984 39¢/$100, 40% expt., $50,000 over 65 TREE STUMP REMOVAL for a fee TAX LEVY for 1985 $.4035/$100 , and etc. 83/44 84/28 84/35 85/12 TEXAS HIGHER EDUCATION AUTHORITY establishing TMRS, UPDATED SERVICE CREDITS, 60% TRAFFIC DESIGNATION: Park St., bet. University &McFarlin Key St., 2-hr. parking limit Mockingbird & Armstrong, stop University & N. Central; left turn St. Andrews, bet. Preston & Normandy Caruth at Greenbrier & Preston Southwestern & Tulane; stop Dublin & Daniel; 4-way stop TRAFFIC; designation of yield intersect. 85/24 12/18/85 82/17 83/5 83/12 83/13 83/27 86/3 86/4 86/7 86/2 TRASH COLLECTION; see GARBAGE TAX LEVY for 1986: $.3633/100 30% homestead, $50,000 over 65 TEXAS HIGHER EDUCATION AUTHORITY, Amending Ord.85/24, appointing S. Louis Moore Jr. to Board of Directors TAX (1%) ON TELECOMMUNICATIONS SERVICES TAX LEVY, enacting for 1987 TRAFFIC CONTROL LIGHTS at: ouglas & University Preston & St. Andrews Preston & Centennary Preston & Sherry Lane TENNIS PERMIT FEES (Part of park reserva- tion fees ordiannce) TAX LEVY, enacting for 1988 86/14 87/3 87/11 87/17 87/20 87332 88/16 09/07/82 11/18/82 11/18/82 07/21/83 09/06/83 11/22/83 06/21/84 09/27/84 12/03/84 09/23/85 11/04/85 85/27 8/19/82 3/10/83 5/2/83 5/2/83 9/6/83 1/6/86 1/22/86 4/10/86 1/6/86 09/16/86 03/17/87 05/19/87 08/18/87 08/18/87 12715/87 09/06/88 69 87 88 151 154 187-8 236-37 252 267 298 319-21 325-6 59 105 122 123 156 338 341 349 337 367 422 432-33 446 449 577 UNDERGROUND STORAGE TANKS, rules regulating installation of UTILITY SERVICE CONNECTION FEES UPDATED SERVICE CREDITS, TMRS. -60% UTILITY SERVICE CONSTRUCTION FEES increasing fees 82/6 84/15 85/27 88/28 06/08/82 05/23/84 12/18/85 11/ol/88 38 226 325-6 598 VISION CLEARANCE ON CORNER LOTS on general Code VESTING-10 year (TMRS) VACATION, ACCUMULATION OF V. TIME VEHICLES; IMPOUNDMENT, etc.; fees VACATION in lieu of sick leave for 10-hour day employees 82/19 09/07/82 65-66 82/26 10/22/82 81-2 85/7 05/22/85 279 83/31 10/3/83 163 88/23 10/04/88 591-92 WARNER AMEX CABLE COMMUNICATIONS, INC. granting license to use Lomo Alto to bring CATV to part of Dallas WARNER AMEX CABLE COMMUNICATIONS, INC. supersedes above and grant license to use several other locations WATER CHARGES, clarifying for duplex and multi-family WATER CUT-OFF FOR NONPAYMENT, amendment 82/9 07/12/82 46-49 82/30 11/18/82 89-92 83/19 06/06/83 146 1 83/23 08/i8/83 152 WOOD SHINGLES, regulating 83/24 08/18/83 153 WRECKER/IMPOUNDMENT fees: increasing 83/31 10/03/83 163,4 WARRANT OF ARREST, Service fee $25 83/39 11/07/83 179 WATER BILL: administrative hearing tor 84/14 05/23/84 225 customers who fail to pay WATER RATE (AND SEWER RATE) WATER RATES: Increase after October 1, 1982 Connection fees 84/31 09/27/84 WATER RATE (and Sewer) WATER SERVICE CHARGES: administrative changes only WATER RECONNECTIONS CHARGES: doubling WATER/SEWER SERVICE CHARGES WATER CUT-OFF FEE (requested by owner) 258-9 85/14 09/23/85 300-1 86/6 02/20/86 343-4 82/24 9/7/82 77 84/15 5/23/84 226 86/10 5/20/86 354 86,/25 12/16/86 402-3 87/13 06/16/87 437 YIELD INTERSECTIONS; establishing YIELD SIGN at on Caruth (at Greenbrier) 86/2 86/3 01/06/86 01/06/86 337 338 ZONING ORDINANCE, Amendment No. 17 (general amendment) ZONING ORDINANCE, Amendment No. 18 Rezoning Dallas Country Club propert ZONING ORDINANCE, Amendment No. 19 to Multi-family dwellings 77/328 (No. 17) 77/328 (No.18) 77/528 (No.19) 12/7/s~ 1-16 03/22/82 27-28 04/22/82 31-32 ZONING ORDINANCE, Ordinance No. 82/2 amending mistake made when recodifying the Code of Ordinances, add 1 lot to PD District No. 7 ZONING ORDINANCE, Amendment No. 20 Specific use permit for HPISD to build indoor tennis-racquetball facility 82/2 77/328 (No.20) 04/22/82 55 06/08/82 40-41 ZONING ORDINANCE, Amendment No.21 77/328 (No.21) side yard on corner lots, area of accessory buildings. ZONING ORDINANCE, Amendment No. 22 rezoning 6400 N.Central Expy. 20-story bldg., multi-level parking ZONING ORDINANCE, Amendment No.23 77/328 (No.23) PD, Block 2, Walkers Add.,Jackson/Chapman ZONING ORDINANCE, Amendment No.24 77/328 (No.24) repeals vision clearance from Z.O. ZONING ORDINANCE, Amendment No.25 rear lot set-backs ZONING ORDINANCE, Amendment No.26 General American Oil's strip of lane ZONING ORDINANCE, Amendement No.27 Specific Use Permit, 3521-23 Rosedale 77/328 (No.22) 77/328 (No. 25) 77/328 (No.26) 77/328 (No. 27) 07/12/82 44-45 07/22/82 53-54 09/07/82 61-62 09/07/82 63 09/07/82 64 10/22/82 79 10/22/82 80 ZONING ORDINANCE, Amendment No.28 rezoning of part of Block 2, Walkers Addition, Lawrence Stanton ZONING ORDINANCE, Amendment No.29 general amendments to clarify language ZONING ORDINANCE, Amendment No.30 specific use permit, 6601 Turtle Creek ZONING ORDINANCE, Amendment No. 31 special height regulations ZONING ORDINANCE, Amendment No. 32 rezoning 4500 block of Glenwick ZONING ORDINANCE, Amendment No. 33 amending 9-101, Lot Area ZONING ORDINANCE, Amendment No. 34 $1,000 fee for violation of ZONING ORDINANCE, Amendment No.35 Billboard at 6400 N.Central Expwy. ZONSNG ORDINANCE, Amendment No. 36 Zoning of YMCA property/site plan ZONING ORDINANCE, Amendment No.37 Lawrence Stanton/pool and greenhouse ZONING ORDINANCE, Amendment No.38 Increase of floor area on 5. cases at Snider Pz. and Miracle Mile ZONING ORDINANCE, Amendment No.39 Satellite antenna site, PCCTV ZONING ORDINANCE, Amendment No. 40 Drainage standards, bldg. height, etc. 77/328 (No. 28) 12/20/82 94-95 77/328 (No. 29) 03.10,/83 102-4 77/328 (No.30) 05/19/83 142-3 77/328 (No. 31) 05/19/83 144-5 77/328 (No. 32) 11/07/83 172 77/328 [No.33) 11/07/83 173 77/328 (No.34) 11/07/83 174 77/328 (No.35) 12/07/83 190 77/328 (No.36), 01/03/84 203 77/328 (No.37), 01/19/84 201 77/328 (No.38) 02/16/84 204-06 77/328 (No. 39) 02/1~/84 207 77/328 (No.40) 02/16/84 208-11 ZONING ORDINANCE, Amendment No. 41 Added floor space, Park Cities Savings ZONING ORDINANCE, Amendment No. 42 Amd. to definition of University Campus District. ZONING ORDINANCE, Amendment No. 43 ZONING ORDINANCE, Amendment No. 44 Clarifying definition of "school" ZONING ORDINANCE, Amendment No. 45 Nichey Oates, 4412-16 Lovers Lane ZONING ORDINANCE, Amendment No. 46 adding "tanning salon" category ZONING ORDINANCE, Amendment No. 47 Definition of lot frontage. ZONING ORDINANCE, Amendment No. 48 s.u.p, tennis court 6929 Vassar ZONING ORDINANCE, Amendment No. 49 Louis Reese Development at Druid and Glenwick, rezone from MF-2 to PD ZONING ORDINANCE, Amendment No. 50 Height of structures (35') to include SF-A, 2F-l, 2F-2, MF-1, MF-2, MF-3 ZONING ORDINANCE, Amendment No. 51 PD, Louis Reese, Glenwick Townhouses 77/328 (No.41) 03/22/84 220 77/328 (NO. 42) 03/22/84 221 777328 (No. 43) 05/23/84 224 77/328 (No. 44) 07/19/84 245 77/328 (No. 45) 08/30/84 249 77/328 (No. 46) 08/30/84 250~ 77/328 (No. 47) 08/30/84 251 77/328 (No. 48) 10/01/84 26~ 77/328 (Noo 49) 11/05/84 77/328 (No. 50) 01/07/85 268-9 265 77/328 (No. 51) 08/05/85 284-85 ZONING ORDINANCE, Amendment No. 52 Regulating height, side yard, accessory buildings. ZONING ORDINANCE, Amendment No. 53 ZONING ORDINANCE, Amendment No. 54 Specific use permits for plumbing installation in accessory bldgs. ZONING ORDINANCE, Amendment No. 54 i 77/328 (No.54) 11/20/85 327-8 s.u.p, install plumbing access, bldg. 3529 Villanova, 3428 Purdue ZONING ORDINANCE, Amendment No. 55 plumbing/kitchen/servant's quarters 3920 Hanover ZONING ORDINANCE, Amendment No. 56 s.u.p. plumbing in access, bldg. 3015 SOuthWestern, 4024 Hanover ZONING ORDINANCE, Amendment No. 57 77/328 (N0'57) 2/6/86 345 facilities at 3330 Southwestern and at 3128 Stanford ZONING ORDINANCE, Amendment No. 58 facilities at 3536 Haynie and at 3248 Southwestern ZONING ORDINANCE, Amendment No. 59 s.u.p. plumbing in accessory bldg. 3925 Druid Lane ZONING ORDINANCE, Amendment No. 60 77/328 (N0-60) 5/20/86 355-56 s.u.p. plumbing in accessory bldgs 3737 purdue and 4211 McFarlin ZONING ORDINANCE, Amendment No. 61 77/328 (No~6I) 08/19/86 364-5 s.u.p. Plumbing in accessory bldgs. 3504 Wesntwood, 3124 Caruth, 4133- 35 University ZONING ORDINANCE, Amendment No. 62 77/328 (No. 62) 08/[9/86 366 Temporary amendment to PD-2-R (M.Mile) Martha Brook's storage building ZONING ORDINANCE, Amendment No. 63 77/328 (No. 63) 09/16/86 391-2 ZONINg ORDINANCE, Amd.#64 s.u.p. plumbing in accessory bldgs. ZONING ORDINANCE, Amd.No.65 s.u.p. plumbing in accessory bldgs. 77/328 (No. 64) 77/328 (No. 65) ZONING ORDINANCE, Amd.No.66 s.u.p. plumbing in accessory bldgs. 77/328 (No. 66) ZONING ORDINANCE, Amd.No.67, empowering city staff committee to hear plumbing in accessory bldg. cases 77/328 (No. 67) 11/18/86 391-2 12/16/86 404-5 02/17/87 419-20 02/17/87 421 ZONING ORDINANCE, Amd. No. 68 s.u.p. plumbing in accessory bldg. 3309 Westminster ZONING ORDINANCE, Amd.No.69 s.u.p. plumbing in accessory building 4323 McFarlin Blvd. ZONING ORDINANCE, adopting new by refer- ence only. (Z.O. Book filed for record in City Master Files under Zoning Ordi- nance/City Codes) A.O. No. 88/7, Amd. No. 1 s.u.p. for acces. struc., 3616 Greenbrier Z.O. No. 88/7, Amd. No. 2 noise abatement fence, 7027 Hunters Glen ZONING ORDINANCE NO. 88/7, AMD.NO.3 177/328 (No. 68) 77/328 (No. 69) 88/7 88/7 (No.1) 88/7 (No.2) 88/7 (No. 3) 04/21/87 423 07/21/87 445-45 02/16/88 545 05/17/88 563-4 05/17/88 565-66 07/05/88 575-76 ORDINANCE NO. 77/328 (AMENDMENT NO. 17) AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE EITY OF UNIVERSITY PARK, TEXAS, KNOWN AS ORDINANCE NO. 77-328, WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK ON NOVEMBER 7, 1977. THIS AMENDMENT SUPPLEMENTS OR AMENDS THE FOLLOWING SECTIONS: 8-102, 8-103(15), 8-109, 8-600.A.14, 8-600.A.15, 8-600.A.44 THROUGH 8-600.A.77, 9-102(a), 9-401, 9-502(c), 9-502(f), 9-502(k), 9-502(n), 9-602(a), 9-602(b), 9-602(d), 9-701, 9-703, 9-802, 9-802.1, 9-802.2, 9-802.3, 9-802.4, 9-802.5, 9-802.6, 9-802.7, 9-802.8, 9-802.9, 9-802.10, 10-100(h), 10-100(i), 10-100(j), ll-103(d), 13-103(a), 13-103(b), 13-103(c), 13-104, 14-101, 14-102, 14-103, 14-104, 14-105, 14-106, 14-107, 14-108, 14-109, 14-110, 14-111, 14-112, 14-113, 14-114, 14-115, 14-116, 21-101.1, 21-101.20, 21-101.22(a), ILLUSTRATIONS NO. 6(a), 8, 9(a) (b) (c), 11, 12 AND 13. WHEREAS, on November 10, 1981, at 7:30 p.m., the Planning and Zoning Committee of the City of University Park held a public hearing to consider amendments to the Zoning Ordinance as herein detailed, and at the conclusion of said hearing, the Planing and Zoning Commission recommended to the Board of Commissioners that the following provisions be added or amended to said Zoning Ordinance in order to make all parts of the Ordinance compatible or in order to interpret vague sections of said Ordinance. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT THE SECTIONS HEREINAFTER SET OUT BY THE CITY ARE AMENDED AND SUPPLEMENTED: THAT, the comprehensive Zoning Ordinance of the City of University Park, Texas, being Ordinance No. 77-328, adopted on November 7, 1977, is hereby supplemented or amended as follows: I SECTION 8 8-102 Add, as a part of the permitted use schedule; Library, Public, with S (Specific Use) in all districts. 8-103(15) Add, Accessory Bldg, Retail or Commercial, a dotted area' to the schedule indicating use in the O (Office) district. 8-109 Sign and Identification Uses. which follows. Add the new district schedule 8-109 PERMANENT SIGNS AND IDENTIFICATION USES Sign (Bt I I Board) 3. guslnes~ Sign Refer To Specific Sign In This Croup 4. Combination fi]gn 5. Digital & Moving Sign 6. Fin Signs [nstitutional fitm~ [ 20 Square Feet l--ff. bla rquee Sign ~. Hast Arm Sign X ~ X I X X X X X X X I I__k_L_:%t .... Ix IX_I_ X_l_:_ 10. Memorial Sign One Square Foot Unrestricted 11. Name ['late One Square t'oot Unrest r t ~ted 12. Occupational Sign Parapet Wall illin 14. Pole Sign x I x 15. Portable ,'ql?nr~ As Approved By The City Englneer 17. Pylon SI pw~ See Shopping Center I)irector Sign ORDINANCE NO. 77/328 (CONT) 8-600.A.14 AMEND TO READ -- Accessory Building - In a residential district a subordinate detached building or structure used for a purpose customarily incidential to the main structure such as a private garage for automobile storage, tool house, lath or greenhouse as a hobby (no business), home workshop, servant's quarters, children's playhouse, storage house, garden shelter or swimming pool, but not invOlving the conduct of a business nor used as a dwelling area or place of abode except as noted in Section 21-101(39). 8-600.A.15 AMEND TO READ - Accessory Building, Retail or Commercial - In an O, GR, RC, SC, C, or PD District, a subordinate building limited in height of the main building or two (2) stories which ever is the lesser, having a total floor area of not over two thousand (2,000) square feet and used only for a purpose directly accessory and incidential to the main use such as, but not limited to, a mechanical building for power, heat or air conditioning or for laundry or storage purposes related to the main use. 8-600.A.44 ADD -- Signs - The term "Signs" shall mean any media, including its structure and components, which is used or is intended to be used for the purpose of advertising or attracting attention to any business or activity and includes lettered boards or posters, plaques and tablets with raised or countersunk characters, pictorial displays, digital and moving displays, graphic devices, neon tubing, outline lighting or any other form of inscription that is used or intended for communication or for conveying information. 8-600.A.45 AMEND TO READ -- Sign, Advertising or ground (Billboard) - Any permanent type, free standing sign which is erected on a vertical framework consisting of two or more uprights supported by the ground or another structure which is the primary use of the land and which promotes and advertises commodities or services not limited to those offered on the premise where such sign is located and includes painted posters or panels, pictorial displays and bulletins. Display surfaces mounted back-to-back shall be considered as having a single display surface. No more than one display surface shall be located on any'one sign structure unless approved by Special Use Permit. 8-600.A.46 Sign, Apartment Name - An accessory sign for the identifi- cation of an apartment or complex of apartment buildings. 8-600.A.47 AMEND AND ADD TO READ -- Sign, Business - A permanent type accessory sign or graphic device which advertises or promotes only commodities or services offered on the premise where such sign is located and not of the billboard, poster panel of painted bulletin type. Such signs shall include marquee, mast arm, parapet wall, pole, projecting (fin), roof and wall signs. 8-600.A.48 ADD -- Signs, Class "A" - Permanent type, free standing advertising or ground signs with one display surface not ex- ceeding 200 square feet of area for each sign structure and permanent type pole, roof and wall signs with one display surface not exceeding 100 square feet of area for each sign structure. Signs mounted back-to-back shall be considered as having a single display surface. 8-600.A.49 ADD -- Signs, Class "B" - Permanent type, free standing advertising or ground signs and permanent type pole, roof and wall signs in which either the number or size of the display surfaces and/or the height of the sign exceeds the limitation of a Class "A" sign and which is approved by a SPECIAL USE PERMIT. However, in no case shall any sign exceed a maximum of fifty (50) feet above the grade on which it is located of fifty (50) above the grade of the building or structure on which it is mounted. ORDINANCE NO. 77/328 (CONT) 8-600.A.50 ADD -- Sign, Combination - A permanent type sign incorporating a combination of the features of a pole, projecting or roof sign and which complies with the requirements of the type sign or signs incorporated in the combination sign and which is approved by the City Engineer. 8-600.A.51 Signs, Construction - A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvements of the premises on which the sign is located. Such sign shall denote only the name of the architect, the en- gineer or the contractor in charge of construction, and shall be free standing. 8-600.A.52 ADD -- Signs, Digital and Moving Displays - A type of display surface or media in which continuous time and temperature data is presented or in which changing infor- mation is continuously displayed. 8-600.A.53 ADD -- Sign, Display Surface - The gross surface area of a sign, referred to as a display panel, is the entire area within a continuous perimeter enclosing the extreme limits advertising or promotional message. In permitted applications, identical display surfaces or panels mounted back-to-back to creating a display surface viewable from two directions shall be considered a single-display surface for the purpose of determining square footage of display areas. However, in permitted applications, two or more separate display surfaces or panels not mounted back-to- back but sharing a single sign structure, shall be con- sidered separately for square footage purposes, providing that each display surface or panel has no relationship to the others, except that the combined footage of such display surfaces or panels cannot exceed the total square footage allowed for the sign. 8-600.A.54 ADD -- Sign, Fin - A permanent type sign in which all or a portion of the display area or surface projects outward from the structure to which it is attached. For the purpose of this Ordinance, fin signs shall be construed as a pole, mast arm or projecting sign. 8-600.A.55 ADD -- Sign, Financial - A temporary sign with a display surface not exceeding eight (8) square feet in area which advertises the name of the institution providing financing of a structure under construction or which advertises the name of the institution providing financing for the purchase or lease of structure after construction. 8-600.A.56 ADD -- Sign, Garage Sale - A temporary sign not exceeding two (2) square feet of display surface advertising the sale of personal goods in.residential districts in accordance with Section 13, Article III, of the Code of Ordinances of the City of University Park. 8-600.A.57 Signs, Institutional - A permanent type accessory sign for the identification of a school, church or similar public or quasi-public institution. 8-600.A.58 ADD -- Sign, Marquee - A permanent type business sign erected on or affixed to the face of a marquee or fixed awning as an integral part of such marquee or awning. Such signs shall include cut-out characters mounted on edge. 8-600.A.59 ADD -- Sign, Mast Arm - A permanent type sign mounted or suspended from a horizontal member or mast arm attached to a single support or mast located not greater than two (2) feet from the face of the building with which it is associated and in which no element or portion of such sign shall extend over public property. ORDINANCE NO. 77/328 (CONT) 8-600.A.60 ADD -- Sign, Memorial Plaque or Tablet - A permanent type sign or tablet affixed to the face of a building or structure denoting the name of the building, the date of its construction and a brief historical data relating to the origin of the structure. Such information may be en- graved or cut into masonry or inscribed on a plaque or tablet affixed to the face of the structure that it rep- resents. 8-600.A.61 ADD -- Sign, Name Plate - A permanent metal plate or tablet not exceeding one (1) square foot in display surface permanently affixed to the face of a building stating the name and address of such building to which it relates. 8-600.A.62 ADD -- Sign, Occupational - A permanent type business sign denoting only the name and profession of an occupant in a commercial or office building or public institution building and which does not exceed two (2) square feet of display surface. 8-600.A.63 ADD -- Sign, Parapet Wall - A permanent type business sign mounted on the face of or on top surface of a parapet wall and which advertises or promotes only the commodities or services of the premise where such sign is located. Such signs shall include cut-out characters mounted on edge. 8-600.A.64 ADD -- Sign, Permanent Type - The designation that is associated with any type sign that is designed, constructed or established to provide continuous or enduring service without fundamental or marked change. 8-600.A.65 ADD -- Sign, Pole - A free standing permanent type business sign (fin sign) utilizing a single supporting member and which require no external bracing or guys for support. Pole signs shall not be mounted on other structures. 8-600.A.66 ADD -- Signs, Political - A temporary type sign with a display surface not exceeding six (6) square feet in area used to promote, advertise or support the candidacy of persons running for an elective office. 8-600.A.67 ADD -- Signs, Portable or Transportable - A temporary display surface temporarily fixed to a standardized adver- tising structure which can be moved from structure to structure in periodic intervals or display surfaces in a frame mounted on wheels or skids to provide the means to relocate or move signs as required. 8-600.A.68 ADD -- Signs, Projecting - A permanent type business sign (a fin sign) which projects at right angles from the face of a building and which has one end fastened to the face of such building. 8-600.A.69 ADD -- Sign, Pylon - A sign in which all or portion of the supporting structure is used as a display surface or a type of sign configuration in which multiple display surfaces may be incorporated within a single sign structure. For the purpose of this Ordinance, a pylon sign shall be construed as a Shopping Center Directory Sign. 8-600.A.70 ADD -- Signs, Real Estate - A temporary sign with a display surface not exceeding eight (8) square feet in area which adver- tises the sale, rental or lease of the premise upon which such sign is located only. Such sign shall be removed as soon as such sale, rental or lease is consumated or as soon as such premise is removed from the market. However, a real estate sign incorporating a temporary sign with a display surface not to exceed two (2) square feet of area and displaying the single word "SOLD" may remain on the property a total of thirty (30) days after the sale of the property is closed. ORDINANCE NO. 77/328 (CONT) 8-600.A.71 ADD -- Sign, Roof - A permanent type business sign containing two or more supports mounted on the roof of a building or structure and which advertises or promotes only the commodities or services of the building or structure on which it is located. 8-600.A.72 ADD -- Sign, Rotating - A permanent type business sign in which all or portion of the display surface can be rotated in a horizontal plane by a mechanical means and shall be applicable only to pole signs. 8-600.A.73 ADD -- Signs, Shopping Center Directory - A permanent type free standing, custom configured business sign used to advertise and identify the shopping center in which it is located. Such signs may also provide a directory of tenants in the center and shall be permitted only by a SPECIAL USE PERMIT. However, no shopping center sign shall exceed fifty (50) feet in height above the grade on which it is located. 8-600.A.74 ADD -- Signs, Structure - The structure or frame work which supports or is capable of supporting any sign or any portion of a sign and which was designated and constructed for the purpose of supporting and protecting a display surface. 8-600.A.75 ADD -- Sign, Temporary - The designation that is given to any sign that is used to advertise or promote an event, activity, sale or service that by its unenduring nature and limited duration will render the sign unnecessary or not applicable when the event, activity, sale or service that it represents ceases to exist. 8-600.A.76 ADD -- Signs, Vee Shape - A permanent type sign con- sisting of two display surfaces joined permanently at a common edge with the two opposing ends attached to a structure so that the two display surfaces form a Vee configuration when viewed from either above or below. Vee signs shall be permitted only by SPECIAL USE PERMITS. 8-600.A.77 ADD -- Signs, Wall - A permanent type business sign erected or affixed flat against a wall and supported by such wall and having the sign face parallel to and not more than twelve (12) inches from the wall surface to which it is attached. Neon tubing and individual letters or characters attached directly to a wall or flat surface shall be considered to be a wall sign. SECTION 9 9-102(a) The chart listed as fourth from the top in this section, under "type use", shall read: Multiple-family dwelling, one to two and one half (2½) stories, and the fifth type use, Multiple-family dwelling, three stories, shall be eliminated. 9-401 The chart listed in this section shall be changed from 40 to 50 under the listing for SF-A and MF-1. 9-502(c) The front yard shall be measured from the property line to the front face of the building, covered porch, covered terrace or attached accessory building. Eaves and roof extensions may project into the front yard for a distance not to exceed three (3) feet, bay windows and chimneys may extend into the front yard not to exceed eighteen (18) inches, an unenclosed and uncovered porch not to exceed thirty (30) inches in height may extend into the required front yard area not to exceed six (6) feet and no balcony on the front of any structure shall extend beyond the front building line. No fence or wall may be constructed in the required front yard except a retaining wall may be constructed therein, provided such wall is no higher than the ground level on the enclosed side adjacent to the main structure and it does not exceed eighteen (18) inches in height on the unenclosed side. ORDINANCE NO. 77/328 (CONT) 9-502(f) AMEND TO READ -- In the O and C Districts, no minimum front yard shall be required, provided however, that in no case shall the distance from the centerline of the street on which the building fronts to the front face of the building shall be less than one half (½) of the height of the building up to a maximum setback of twenty-five (25) feet from the front property line or fifty (50) feet from the centerline of the street. This provision shall not be interpreted as requiring a front yard set-back of more than twenty-five (25) feet from the front property line regardless of the height of the building. (See Illustration No. 7). 9-502(k) AMEND TO READ -- Supplementary parking on circular access drives may be permitted in the required front and side yards providing such drives contain two (2) or more curb openings or approaches, are designed or constructed to provide free, unrestricted ingress egress to such drives and contain no dead-end or head-in or other parking areas that require maneuvering of a vehicle to negotiate or utilize. (See Illustration No. 9). Such drives shall be constructed with an inner radius, arc, curve or similar configuration located a minimum of three (3) feet from any adjacent or associated property line and shall contain a six (6) inch curb on the inner radius, arc or curve if such radius, arc or curb is located less than the ten (10) feet from an adjacent or abutting property line. Curb openings or approaches granting access to such circular drives shall not be less than ten (10) feet nor more than twelve (12) feet in width measured at the property line and such curb openings or approaches shall be separated by a distance equal to forty (40) percent of the lot dimension in which such curb openings or approaches are located but need not exceed sixty (60) feet. The total area of circular access drives on private property shall not exceed seventy-five (75) percent of the front or side yard in which it is located and shall be covered by a permanent, impermeable surface such as concrete or asphalt. No portion of unpaved surface in the front or side yard may be used for parking, driving or storage of vehicles. Drives granting access to garages or carports on the front of a residence or access to garages or carports located behind the front building line shall be permitted providing such drives are covered by an impermeable surface such as concrete or asphalt, contain only a single curb opening or approach not exceeding fifteen (15) feet in width measured at the property line and providing such driveway is designed and constructed to provide direct entry to such garages or car- ports except as permitted for circular driveways as denoted above. 9-502(n) ADD SECTION TO READ AS FOLLOWS -- Where lots run through from one street to another and have double frontage, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one street by ordinance or approved plat, in which event, only one required front yard shall be observed. 9-602(a) Every part of a required side yard shall be open and un- obstructed except for accessory buildings and landscaping as permitted herein, and the ordinary projections of window sills, belt courses, cornices and other architectural features pro- jecting not to exceed twelve (12) inches and the projection of eaves and chimneys projecting not to exceed twenty-four (24) inches into the required side yard. An unenclosed and uncovered porch not to exceed thirty (30) inches in height may extend into the required side yard not to exceed four (4) feet. An uncovered and unenclosed balcony may extend into the required side yard and providing such balcony does not exceed four (4) feet in width, is not more than twenty (20) feet total in length in any one side yard and providing such balcony is not located closer than four (4) feet from any side property line. Such balcony shall not be less than seven and one-half (7½) feet above the ground level below and shall not contain any columns, supports or posts to the ground below. Any wooden platform or deck erected in a side yard must comply with the side yard requirements of an uncovered and un- enclosed porch and shall not exceed thirty (30) inches in height. ORDINANCE NO. 77/328 (CONT) 9-602(b) Multiple-family dwellings shall provide a minimum side yard of fifteen (15) feet between all building walls and any side lot line, excePt that any such building face or wall not exceeding thirty-five (35) feet in length and containing no doors or access openings, shall provide a minimum side yard of six (6) feet. If a side wall exceeds thirty-five (35) feet in length, it may be separated by an outer court to reduce wall lengths to 35' or less for 6' side yard consideration providing the inner wall of such court is Set back 15' from the adjacent side property line. tn a like manner, if a wall exceeds 35' in length, it may be terminated at either or both ends by an inset to reduce wall length to 35' or less for 6' side yard consideration providing the inner wall of such inset(s) is set back 15' from the adjacent property line. (See Illustration No. 6). 9-602(d) AMEND TO READ -- A single family attached dwelling shall not cover more than two (2) abutting lots and shall contain no more than four (4) dwelling units within any one structure. The common or party wall separating the abutting or attached dwelling units shall be double-studded or of two (2) wall construction. Each abutting wall of each dwelling unit shall be of one (1) hour fire resistive construction so that when such walls are attached, the resultant common wall between two attached dwellings shall not be less than a two (2) hour fire rated wall. A single-family attached dwelling structure shall provide a minimum required side yard of five (5) feet at each end of such structure. However, if such structure is located adjacent to or abutting on a side street, then the required side yard adjacent to or abutting on such side street shall be ten (10) feet. Lots replatted and approved by the Board of Commissioners for single-family attached dwellings and which become Lots of Record prior to the date of passing of this Ordinance may continue the use of such property for single-family attached dwellings providing all requirements for the District as established by the Board of Commissioners as a condition for the replat are complied with. (See Illustration No. 8). 9-701 AMEND TO READ -- In the SF-1, SF-2, SF-3,' SF-4, SF-A, MF-1, MF-2 and MF-3 Districts, a twelve and one-half (12%) foot minimum rear yard for the main building shall be provided. The main residential building, all detached or accessory structures and all other construction thirty (30) inches or more above ground level shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint on one side lot line with the midpoint of the opposite lot line. 9-703 AMEND TO READ -- In the O and C Districts, buildings which are erected to exceed three (3) stories in height shall pro- vide a rear yard equal to one (1) foot for each two (2) feet of building height above grade up to a maximum Of fifty (50) feet and no such required rear yard need exceed fifty (50) feet in depth even though a building may exceed one hundred (100) feet in height. (See Illustration No. 7). 9-802 Area and Use Regulations. 9-802.1 Location of Dwellings and Buildings. Only one main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or approved building site unless such structures are located on an officially approved site plan. Each dwelling shall face or front upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of forty (40) feet. Where'a lot is used for residential, retail or commercial purposes, or a combination of same, or for a combination of retail and dwelling purposes and is part of a Planned Development District or an officially approved site plan, more than one (1) main building may be located upon the lot, but only when such buildings conform to all the open space, ORDINANCE NO. 77/328 (CONT) parking and density requirements applicable to the use or portions thereof, are to be placed upon a single lot or tract and such buildings, will not face upon a public street, the same may be permitted when the site plan for such development is approved by the Board of Commissioners after recommendation by the Planning and Zoning Commission so as to comply with the normal requirements for platting. No parking area, loading area or required open space for one building shall be computed as being the open space, yard or area requirements for any other dwelling or other use. 9-802.2 ADD SECTION AND TITLE -- Location of Three-Story, Multiple- Family Dwelling. Three story, multiple-family dwellings may be permitted in an MF-2 or MF-3 District by a Special Use Permit providing such structure is located on a lot with a minimum width of seventy (70) feet, a minimum depth of one hundred and fifty (150) feet and contains a minimum of fifteen thousand (15,000) square feet of lot area providing such structure maintains a fifteen (15) feet minimum side yard and providing it conforms with all the other requirements for a multiple-family dwelling specified for the district in which such structure is located. Such dwelling, if approved, may have one (1) dwelling unit per each sixteen hundred (1,600) square feet of lot area. 9-802.3 ADD SECTION AND TITLE -- Location of Attached Garages. No attached garage or carport shall be located, designed or constructed to face or open upon the front of any lot or tract in any district so that the opening or entrance to such garage or carport faces the front street. Detached garages or carports may be located only in that portion of the yard defined as the rear half of the yard and attached garages or carports located in that area of the yard described as the front half of the yard shall be permitted only when a drive access to the rear of the yard is not available. (See Illustration No. 11). 9-802.4 ADD SECTION AND TITLE -- Location of Required Parking. Only parking spaces located on private property may be considered as meeting off-street parking requirements. In a single-family district, only off-street parking behind the front building line shall be considered in determining required parking. In a two- family and multiple-family district, twenty (20) percent of the required parking may be located in front of the building line with the balance of eighty (80) percent located behind the front building line. 9-802.5 ADD SECTION AND TITLE -- Location of Off-Street Parking For Churches. Off-street parking as an accessory use to a church located in a residential district shall be permitted when such parking is located on the same lot, tract or site occupied by a church structure on which building permits were issued. 9-802.6 ADD SECTION AND TITLE -- Location of Private Tennis Courts. A private tennis court is an accessory structure permitted only by Special Use Permit and shall not cover more than twenty (20) percent of a residential building site or lot. No portion of such tennis court surface, fence or other appurtenance shall be located within the required front or side yards nor nearer to any side lot line than specified for the district in which such court is located nor nearer than three (3) feet from any easement or rear property line. Fences or walls which exceed ten (10) feet in height shall be set back from any side lot line or front building line two feet for every foot that the fence exceeds ten (10) feet in height. 9-802.7 ADD SECTION AND TITLE -- Location of Swimming Pools. Swimming pools shall be located in that portion of the premise defined as the rear half of the yard and shall be constructed in accordance with the requirements of Section 5-40 of the Code of Ordinances of the City of University Park. ORDINANCE NO. 77/328 (CONT) 9-802.8 AMEND SECTION TO READ -- Air conditioning compressors, cooling towers and similar accessory structures located in residential districts shall observe all front, side, or rear yards specified for accessory buildings except when such accessory structures are located in the side yard of the main building in that portion of an interior lot herein designated as the rear half of the lot, the minimum side yard shall be five (5) feet. When such accessory structures are located in the side yard of an exterior lot adjacent to a side street such structures may be located in the required side yard abutting the side street providing such structures are located behind a permanent fence or wall. When such accessory structures are located in a side yard of a main building forward of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line, the accessory structure shall observe the same side yards as are required for the main structure. 9-802.9 ADD TITLE -- Location and Requirements for Fences. AMEND TO READ AFTER -- designated as the required front yard. No fence or wall constructed along the side or rear yard in any district shall exceed seven (7) feet in height above the ad- jacent grade when viewed from either face. Where fences or walls are erected on sloping ground and must be stepped to adjust to grade, the maximum average height of such fence or wall shall not exceed seven (7) feet when viewed from either face and no portion of such fence or wall offset shall exceed eight (8) feet above adjacent grade. Where fences or walls are erected along a lot line with a difference in grade be- tween the adjacent lots or street or alley so that the fence or wall on the owners side is higher than that of the adjacent owner or street or alley, the maximum height of such fence or wall shall not exceed seven (7) feet as measured from the grade on the non-owner's side. An additional height up to but not exceeding seven (7) feet on the owner's side may be permitted providing the fence or wall is set back from the common property line on the owner's side, a distance equal to the grade differen- tial of the two (2) lots. (See Illustration No. 13). 9-802.10 Temporary buildings, offices and temporary building material storage areas to be used for construction purposes may be per- mitted for a specific period of time as accessory structures in accordance with a permit issued by the Building Official and subject to periodic renewal by the Building Official for cause shown. Upon completion or abandonment of construction or expiration of the permit, such field offices and buildings shall be removed prior to issuance of a Certificate of Occupancy. SECTI©N 10 10-100 (h) MF-1, Multiple-Family Dwelling District-1 Two and one-half (2%) stories (not to exceed 35') except as noted in Section 9-802.2 and 10-102. lO-lO0(i) MF-2, Multiple-Family Dwelling District-2 Two and one-half (2%) stories (not to exceed 35') except as noted in Sections 9-802.2 and 10-102. 10-100 j) MF-3, Multiple-Family Two and one-half (2%) stories (not to exceed 35') except as noted in Sections 9-802.2 and 10-102. SECTION 11 ll-103(d) AMEND TO READ -- No open parking space or surfaced parking area shall be located or constructed to allow any portion of a vehicle to touch or overhang the property line of the lot on which the parking is located. Parking spaces or facilities arranged in tandem fashion, e.e., one after or behind another, or parking spaces or facilities containing two (2) or more spaces and which require the moving of one parked vehicle in order to utilize such spaces shall be counted as a single parking space in computing off-street parking. ORDINANCE NO. 77/328 (CONT) SECTION 13 13-103(a) AMEND TO READ -- There shall be a rear yard for an accessory building or structure of not less than three (3) feet measured from the rear property line. In residential districts, the main building, all accessory buildings and all other structures in excess of thirty (30) inches above ground level shall not cover more than fifty (50) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line. Detached carports, garages or other detached structures shall not be closer than six (6) feet to the main building nor nearer than eighteen (18) inches from any side lot line. 13-103(b) Where an enclosed garage or carport is designed and constructed to be entered directly from an alley or side street, such garage or carport shall be set back from the side property line a minimum distance of twenty (20) feet to facilitate access without inter- ference with the use of the street or alley by other vehicles or Persons. Where the special design and layout of a garage or car- port provides a minimum of twenty (20) feet of paved drive or apron between the alley or street line which permits a parked vehicle to clear the street or alley right-of-way line, such design and layout may be approved by the Building Official as meeting the provisions of this Section. 13-103(c) AMEND TO READ --Krea of Accessory Building. The total ground floor area of all accessory buildings or detached structures in an SF-1, SF-2, SF-3, SF-4, and SF-A Districts shall not exceed eight (8) percent of the total lot area. Of this amount, a minimum of four hundred (400) square feet of ground floor area shall be required or reserved for vehicle storage or a garage or a carport and the balance of the permitted area may be used for a purpose other than for vehicle storage, or a garage or a carport. However, in no case shall the ground floor area of all accessory buildings or detached structures used for a purpose other than for vehicle storage or a garage or a carport shall exceed two and six tenths (2.6) percent of the total lot area and the total area in all floors of all accessory buildings or detached structures used for a purpose other than for vehicle storage or a garage or a carport shall not exceed five (5) percent of the total yard area. The total ground floor area of all accessory buildings of detached structures in a 2F-l, 2F-2, MF-1, MF-2 and MF-3 Districts used for vehicle storage or a garage or a carport shall not exceed four hundred (400) square feet of area per dwelling unit and the total area in all accessory buildings or detached structures used for purposes other than vehicle storage or a garage or a carport shall not exceed five (5) percent of the total lot area. No detached structures or accessory buildings in a 2F-l, 2F-2, MF-1, MF-2, or MF-3 District shall exceed one (1) story in height. 13-104 14-101 Renumber and relocate this section from 13-104 to Section 9-802.9. PERMANENT TYPE SIGNS -- Revise and amend as follows: DISPLAY SURFACE LOCATION OR SPACING TYPE SIGN SIZE OR AREA STANDARDS 1. Advertising or Ground 200 square feet maxi- Sign (Bill Board) mum, one display panel per sign structure One display surface per Class ~A" street frontage As permitted by As permitted by Special Class "B" Soecial Use Permit Use Permit 2. Apartment Name Sign 30 square feet One display surface per s~reet frontage placed flat against the building 3. Business Sign Refer to specific sign mn this group 4. Combination Sign As approved by the City Engineer 5. Dioital & Moving~ian As approved by the City Engineer 6. Fin Signs Same as pole, mast arm and projecting signs 7. Institutional Signs Affixed to building 20 square feet in residential districts One display surface per street frontage mounte~ flat against the building Unrestricted in non- residential districts Free standing type 5 feet wide, 30 feet Configuration and loca~on long and not more than as approved by the City 50 square feet in area Engineer ORDINANCE NO. 77/328 (CONT) 14-101 14-102 14-103 14-104 14-105 CONT ) TYPE SIGN Marquee Sign 9. Mast Arm Sign 10. Memorial Sign and 11. Name Plate DISPLAY SURFACE SIZE OR APdA 7' high by 30' wide 4' high and not more than 7' from building 1 square foot in residential district LOCATION OR SPACING STANDARDS One display surface per street frontage One display surface per street frontage and not on corner One display surface per street frontage placed flat against building Unrestricted in non- residential district 12. Occupational Sign 2 square feet of area One display surface per street frontage placed flat against the building 13. Parapet Wall Sign One display surface per street frontage 4' high & width not more than 75% of wall length 100 square feet maximum As permitted by ~ecial Use Permit 14. Pole Sign Class "A" Class "B" 15. Portable Signs One display surface per pole and one pole per premise ' As permitted by Special Use Permit As approved by the City EnGineer 16. Projecting Signs 4' high and not more than 8' from building One display surface per street frontage and not on corner 17. Pylon Signs See Shopping Center Directory SiGn 18. Roof Signs Class "A" Class "B" 19. Rotating Signs 20. Shopping Center Directo~ Sign 100 square feet maximum As permitted by Special Use Permit 100 square feet maxim,bm One display surface per street frontage As permitted by Special Use Permit As permitted by Special Use Permit 21. Vee Shaped Signs As pe-~initted by As permitted by S~ecial Special Use Permit Use Permit 22. Wall Signs 100 square feet One display surface per Class "A" maxim~m street frontage Class "B" As permitted by As permitted by Special Special Use Permit Use Permit One display surface per premise on pole signs cnly One display structure per shcDDing center SIGNS -- Revise and amend as follows: TEMPORARY DISPLAY SURFACE I~CATION OR SPACING TYPE SIGN SIZE OR A~EA STANDARDS 1. Construction Signs 16 square feet 2. Financial Signs 8 square feet 3. Garage Sale 2 square feet 4. Political Signs : 6 square feet One sign per premise set back 10' from property line Real Estate Sign 8 square feet One display surface for eachi construction project or for each street frontage One display surface for eachi construction project or for each street frontage As noted in Chap. 13, cf the Code of Ordinances of ~he City of University Park One display surface per premise that it represents The type, size, use and location of signs in all districts shall be as noted in ~pplicable sections of this document. Construction requirements for all signs in all districts shall be as denoted in Chapter 18 of the Code of Ordinances of the City of University Park. No sign shall be located, erected or constructed on public property and all sign structures shall be located behind the building line established for the premise where such sign is located. Projecting portions of signs may extend beyond the building line only as established for pole and projecting signs. Ail signs shall observe vision requirements set forth in Section 9-803 herein. Signs mounted in a frame on wheels or skids or that is in any manner otherwise portable, mobile or {ransportable or any display surface that is temporarily attached to a standardized advertising structure which is regularly moved from structure to structure at regular intervals, except as noted under TEMPORARY SIGNS, may be used or deployed in any district as approved by the City Engineer. ORDINANCE NO. 77/328 (CONT) 14-106 No sign, banner, pennant, flags, valence or advertising or promotional display constructed of cloth, cardboard or washable paint on windows or signs or displays with changeable letters and numbers which is used to advertise daily specials, menus, clearances or other information of a similar nature, except as nohed under TEMPORARY SIGNS, shall be permitted in any District. 14-107 No sign shall exceed twenty-five (25) feet in height above the grade on which it is located nor shall exceed the height of the building to which it is attached or to which it relates or is adjacent to nor shall exceed the maximum height established by the Zoning Ordinance for the premise and district in which such sign is located except as permitted by a SPECIAL USE PERMIT. However, in no case shall any sign exceed a maximum of fifty (5)) feet in height above the grade on which such sign is located or if erected on a structure or building, not to exceed fifty (50) feet above the grade on which such building or structure is located. 14-108 Digital and moving display type signs shall be conficfured, used and located in a manner approved by the City En?ineer when incorporated into the surface display area permitted for the type sign with which it is to be associated but shall not constitute a separate display surface unless permitted by a SPECIAL USE PERMIT. 14-109 Combination signs shall be configured, used and located in a manner approved by the City Engineer but in no case shall the display area of such sign exceed the maximum area estab- lished by the sign or signs that it resembles except as permitted by SPECIAL USE PERMIT. 14-110 Mast and projecting signs shall not be located nor placed on or at the corner of a building so as to be seen from two inter- secting streets but shall be so located or mounted as to form a 90° angle with the building to which it is attached or a~sociated so as ~o be visible from a single street. 14-111 In a PD, Planned Development District, the sign standards skall be as specified in the amending ordinance but shall not exceed fifty (50) feet herein noted in this document. 14-112 No sign shall be located or constructed so as to interfere with or confuse the control of traffic on a public street and no sign shall use a rotating beacon, beam or flashing illumination resembling an emergency signal. 14-113 No sign shall be erected so as to Dro~ect into the public right-of-way of any street or alley. (See Section 18-9, Code of Ordinances). 14-114 Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds fifty (50) percent of its replacement cost or value shall be moved. 14-115 Ail signs shall be so designed and constructed as not to require any external bracing, cables, stays of guy wires for support or to prevent swaying or sagging. Sign struc- tures, other than pole or pylon sign structures, shall be so designed or constructed as not to be visible from the visual viewing area of the display surface. 14-116 Ail signs shall comply with the requirements for signs as set forth in Chapter 18 of the Code of Ordinances of the City of University Park. SECTION 21 21-101.1 AMEND TO READ -- Accessory Building. A subordinate building to the main building used for purposes incidential to the main building but not involving the conduct of a business nor used as a dwelling area or place of abode except as noted in Section 21-101.39. ORDINANCE NO. 77/328 (Cont) 21-101.20 Dwell~i~ng unit. A building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters by an individual or one family and includes facilities for food preparation and sleeping. A dwelling unit shall be located only in the main building and the number of dwelling units permitted on any one lot shall not exceed the number of dwelling units permitted for the district in which such lot is located. 21-101.22(a) FRONTAGE -- On inside lots or lots abutting on a single street or ~horoughfare, the frontage shall be that portion of a lot or tract that is a part of a plat or replat of record as denoted in Sections 15-101 through 103 abutting on a street or public thoroughfare forty (40) feet or more in width. On outside lots or lots abutting on two (2) or more intersecting streets forty (40) feet or more in width, the frontage shall be that portion of a platted lot of record abutting such streets or thoroughfare having the least dimension. II. THAT, the following illustrations are a part of the Comprehensive Zoning Ordinance, Appendix Illustrations, and amend or supplement such illustrations as indicated. ILLUSTRATION NO. 6(a) SIDE YARD ARRANGEMENTS FOR APARTMENTS GREATER 1 FRONT LESS -CrU~N 35' FRONT ~5' ,Min. 1~' gin. ILLUSTRATION NO. 8 (REVISED) PERMITTED SINGLE-FAMILY ATTACHED DWELLING ARRANGEMENT FRONT STREET · ~25 '. "~'--25~ M~n. iMin' l I I I 1 I 2 I 3 I I I ~o, I-II ~ il LoT 1 '~- 25'-'~ 25 ' Mir~. Min. 1 I ~ 4 1 I l LOT 2 ORDINANCE NO. 77/328 (CONT) ILLUSTRATION NO. 9(a) APPROVED CIRCULAR DRIVE CONFIGURATION ILLUSTRATION NO. 9 (b) NONPERMITTED DRIVEWAYS AND PARKING SPACES (TYPICAL) ILLUSTRATION NO. 9(c) CIRCULAR DRIVEWAY CONFIGURATION 10' Min. 12' Max 6" X 6" CURB IF LESS THAN I0I FROMWALK 1 ;~!~ - 4C~ OF LOT W,:OTH --__~. _!< 10' Min. 12' Max. ~I~gTH OF LOT ORDINANCE NO. 77/328 (CONT) ILLUSTRATION NO. 11 PERMITTED ACCESS DRIVES FOR ATTACHED GARAGES AI~A CH£D GA RA c~[__ INSIDE LOT Alt'ACHED GARAGE CORNER LOT I'LLUSTRATION NO. 12 BREEZEWAYS AND COVERED WALKS 12' Max. PERM] lq-ED DIMENSIONS BREEZEWAY 15' Mi PE RMI 1-FED CONFI GURATI ON ILLUSTRATION NO. 13 PERMITTED FENCE CONFIGURATIONS 7' M~XIMUM AVERAGE HEIGHT PROPERLY I O~ERS SIDE :',~ NON O~,~ERS SIDE I 7' ~,-,,.,~ ~) ~ ~' ~. ~.~4EN b = ~J~ J_7'] + a when b = a ' I ,"--T--' ORDINANCE NO. 77/328 (CONT) III. A copy of this Amendment shall be incorporated in the Zoning Ordinance as a permanent part of such Ordinance. IV. Section 22, Penalty for Violation of the Ordinance No. 77-328, adopted November 7, 1977, is applicable to the Amendment of this Zoning Ordinance. Save and except for the Amendments contained in this Ordinance and all previous Amendments to the Zoning Ordinance, it is hereby ordered that each and every condition, term and section of the Comprehensive Zoning Ordinance of the City of University Park, Texas, as amended, shall remain in full force and effect. PASSED AND APPROVED this 7th day of December, 1981. A~TEST: ~ , CIT/MANAGER-CLERK ORDINANCE NO. 82/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING EXCEPTIONS; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE; PROVIDING FOR CODE DESIGNATION, CATCHLINES, DEFINITIONS, AMENDMENTS, AND SEVER- ABILITY; PROVIDING FOR ADOPTION OF DUTIES AND POWERS OF MAYOR; PROVIDING FOR ELECTION OFFICIALS; PROVIDING FOR ADOPTION OF SWIMMING POOL REGULATIONS; PROVIDING FOR PROPERTY TAX ADMINISTRATION; PROVIDING FOR A MUNICIPAL COURT; PROVIDING FOR HEARING FEES BEFORE PLANNING AND ZONING COMMISSION; PROVIDING FOR ADOPTION OF ANIMAL CONTROL REGULATIONS; PRO- HIBITING MOBILE HOMES AS RESIDENCES; PROVIDING FOR ADOPTION OF PLUMBING CODE; PROVIDING FOR ADOPTION OF SIGN REGULATIONS; PROVIDING FOR REGU- LATION OF PRIVATE GUARDS; ESTABLISHING FIRE LIMITS; PROVIDING FOR ADOPTION OF FIRE PREVENTION REGULATIONS; PROVIDING FOR REGULATION OF VARIOUS OFFENSES AND NUISANCES; PROVIDING FOR COMPENSATION OF CITY ATTORNEY; PROVIDING FOR DUTIES OF CITY MANAGER-CLERK, CITY TREASURE, AND CITY ENGINEER; PROVIDING FOR ADMINIS- TRATIVE ORGANIZATIONAL STRUCTURE OF CITY; REVISING EMPLOYEE SICK LEAVE, AND RETIREMENT POLICIES; PRO- VIDING FOR OATH AND BOND FOR CHIEF OF POLICE; PRO- VIDING FOR DISPOSITION OF UNCLAIMED PROPERTY; PRO- VIDING FOR ADOPTION OF TRAFFIC CONTROL REGULATIONS; PROVIDING FOR REVISED WATER METER SECURITY DEPOSITS AND UTILITY SERVICE CONNECTION FEES; PROVIDING FOR MAINTAINING SEWER LINES; AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1: That the revised code of ordinances, consisting of chapters 1 through 11, inclusive, is hereby adopted and enacted as the "Revised Code of Ordinances, 1981, City of University Park, Texas", and shall be treated and considered as a new and original comprehensive ordinance, which shall supersede all other general and permanent ordinances passed by the Board of Commissioners on or before December 7, 1981, to the extent provided in Section 2 hereof. SECTION 2: That all provisions of such code shall be in full force and effect from and after the 4th day of February, 1982, and all ordinances of a general and permanent nature of the City of University Park, Texas, enacted on final passage on or before December 7, 1981, and not included in this code or recognized and continued in force by reference herein are hereby repealed from and after the 4th day of February, 1982, except as pro- vided in Section 3 hereof. No resolution of the city is re- pealed by this ordinance. ORDINANCE NO. 82/1 (continued) SECTION 3: That the repeal provided for in Section 2 above shall not affect any of the following: Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this code. Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness. 3 Any contract or obligation assumed by the city. 4 Any right or franchise granted by the city. Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting the right-of-way of any street or public way in the city. Any ordinance relating to municipal street maintenance agreements with the State of Texas. Any ordinance establishing or prescribing grades for streets in the city. Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget. Any ordinance relating to local improvements and assessments therefor. 10 Any ordinance annexing territory to the city or dis- continuing territory as a part of the city. 11 Any ordinance dedicating or accepting any plat or subdivision in the city. 12 Any ordinance enacted after December 7, 1981. 13 Any ordinance pertaining to the holding of municipal elections. 14 Any ordinance authorizing automobile parking restric- tions, the installation of traffic control devices, or designating speed limits within the city. 15 Any ordinance establishing rates to be charged by public utility companies. 16) City of University Park Zoning Ordinance No. 77-328 and amendments thereto. The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been re- pealed by a subsequent ordinance which is repealed by this ordinance. SECTION 4: That wherever in such code an act is prohibited or is made or declared to be unlawful or an offense, or a misdemeanor, or whenever in such code the doing of an act is required or the failure to do any act is declared to be unlawful and ORDINANCE NO. 82/1 (continued) no specific penalty is provided, the violation of any such provision of such code shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00), as provided in Chapter 1, Section 5 of such Code, for each offense or for each day such offense shall continue, if it is one classified as a continuing offense; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. SECTION 5: Any and all amendments and additions to such code, when passed in such form as to indicate the intention of the Board of Commissioners to make the same a part of the code, shall be deemed to be incorporated in such code so that reference to the "Code of Ordinances, City of University Park, Texas", shall be understood and intended to include such additions and amendments. SECTION 6: That in case of the amendment of any section of such code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance, and Chapter 1, Section 5 of such Code, shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section of the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein. SECTION 7: That a copy of the code shall be kept on file in the office of the city manager-clerk in looseleaf form. It shall be the express duty of the city manager-clerk, or someone autho- rized by the city manager-clerk, to insert in the designated places, all amendments or ordinances which indicate the intention of the Board of Commissioners to make the same a part of such code, when the same has been printed or re- printed in page form, and to extract from such code all provisions which may be from time to time repealed by the Board of Commissioners. Such copy of such code shall be available for all persons desiring to examine the same at any time during regular business hours. SECTION 8: That it shall be an offense for any person to change or amend, by additions or deletions, any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatso- ever which will cause a law of the City of University Park to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance. SECTION 9: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. ORDINANCE NO. 82/1 (continued) SECTION 10: That the following provisions shall be included in the Code of Ordinances which this ordinance adopts and the same are hereby adopted for inclusion therein: Section 10.C and Section 10.E of Chapter 1, pertaining to duties and investigative powers of Mayor, as printed and included in this Code of Ordinances are hereby adopted. Section 14 of Chapter 1, pertaining to elections, as printed and included in this Code of Ordinances, is hereby adopted. Sections 19. I(6), 19.I(7) (a), 19.I(12), and 19.I(13) of Chapter 1, pertaining to swimming pool regulations, as printed and included in this Code of Ordinances are hereby adopted. Sections 20.C(1), 20.D, 20.E, and 20.F of Chapter 1, pertaining to property tax administration, as printed and included in this Code of Ordinances are hereby adopted. Section 21 of Chapter 1, pertaining to municipal court, as printed and included in this Code of Ordinances is hereby adopted. section 22.I of Chapter 1, pertaining to hearing fees before Planning and Zoning Commission, as printed and included in this Code of Ordinances is hereby adopted. Sections 1 through 8.E and Sections 8.G through 8.K of Chapter 2, pertaining to animal control regulations, as printed and included in this Code of Ordinances are hereby adopted. 8) Section 3 of Chapter 3, pertaining to mobile homes, as printed and included in this Code of Ordinances is hereby adopted. 9) Section 12 of Chapter 3, pertaining to adoption of a plumbing code, as printed and included in this Code of Ordinances is hereby adopted. (10) Section 13 of Chapter 3, pertaining to sign regulations, as printed and included in this Code of Ordinances is hereby adopted. (11) Section 2 of Chapter 4, pertaining to regulation of private guards, as printed and included in this Code of Ordinances is hereby adopted. (12) Section t.B, 1.C, and 1.D of Chapter 5, pertaining to fire limits, as printed and included in this Code of Ordinances is hereby adopted. (13) Section 5 and Section 6.A of Chapter 5, pertaining to explosives, liquified petroleum gases, and fire code inspections, as printed and included in this Code of Ordinances are hereby adopted. (14) Sections 16 and 17 of Chapter 5, pertaining to trash and rubbish and weeds and grass, as printed and included in this Code of Ordinances are hereby adopted. (15) Chapter 7, pertaining to various offenses and nuisances, as printed and included in this Code of Ordinances is hereby adopted. ORDINANCE NO. 82/1 (continued) (16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) Section 1.F of Chapter 8, pertaining to compensation of city attorney, as printed and included in this Code of Ordinances is hereby adopted. Sections 2.C through 2.H(2) and Section 2.J of Chapter 8, pertaining to duties of city manager-clerk, as printed and included in this Code of Ordinances are hereby adopted. Sections 3 and 4 of Chapter 8, pertaining to duties of city treasurer and city engineer, as printed and included in this Code of Ordinances are hereby adopted. Section 5 of Chapter 8, pertaining to administrative organizational structure of city, as printed and in- cluded in this Code of Ordinances is hereby adopted. Section 8.A of Chapter 8, pertaining to employee sick leave, as printed and included in this Code of Ordi- nances is. hereby adopted. Sections 11, 12, and 13 of Chapter 8, pertaining to administration of retirement, and social security programs, as printed and included in this Code of Ordinances are hereby adopted. Section 1.C of Chapter 9, pertaining to oath and bond of chief of police, as printed and included in this Code of Ordinances is hereby adopted. Section 4 of Chapter 9, pertaining to disposition of unclaimed property, as printed and included in this Code of Ordinances is hereby adopted. Chapter 10, pertaining to traffic control regulations, as printed and included in this Code of Ordinances is hereby adopted. Section 2.C of Chapter 11, pertaining to water meter security deposits, as printed and included in this Code of Ordinances is hereby adopted. Section 5 of Chapter 11, pertaining to utility service connection fees, as printed and included in this Code of Ordinances is hereby adopted. Section 6.L of Chapter 11, pertaining to responsibility for maintaining sewer lines, as printed and included in this Code of Ordinances is hereby adopted. Section 6.R of Chapter 11, pertaining to responsibility for repair cost to plastic sewer lines, as printed and included in this Code of Ordinances is hereby adopted. SECTION 11: That wherever in such code provisions adopted in Section 10 of this ordinance, the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation shall continue, shall constitute a separate offense. SECTION 12: That it is hereby declared to be the intention of the Board of Commissioners that the sections, paragraphs, sentences, clauses, and phrases of the code provisions adopted in Section 10 of this ordinance are severable and, if any ORDINANCE NO. 82/1 (continued) phrase, clause, sentence, paragraph, or section shall be de- clared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections, since the same would have been enacted by the Board of Commissioners without the incorporation of any unconstitutional phrase, clause, sen- tence, paragraph, or section. SECTION 13: That said code shall be admitted in evidence without further proof and the city manager-clerk shall record said code as adopted in the ordinance records of the city, and there- after such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the content of any particular ordinance so codified to go beyond said record. SECTION 14: That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. PASSED AND ADOPTED by the Board of Commissioners of the City of University Park, Texas, on the 4th day of February, 1982. APPROVED: APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. 82/1 (AMENDMENT NO. 1) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING FOUR SECTIONS TO CHAPTER 3, PERTAINING TO BUILDING PER- MIT FEES, ELECTRICAL PERMIT FEES, MECHANICAL PERMIT FEES, PLUMBING PERMIT FEES; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Code of Ordinances of the City of University Park, Texas, is hereby amended by adding Sections 1.D(2), 10.S(3), ll.C(1) (2) and 12.D(3) (a) of Chapter 3, which said sections shall read as follows: SECTION 1: BUILDING CODE D. Building Permits and Fees (2) Any person, persons, firm, association, contractor, company, corporation, or any other entity to whom a building permit is issued shall before said permit is issued, make application to the City of Universtiy Park for such permit, make a sworn statement in writing on a form provided for the purpose, stating the approxi- mate total market value of the proposed building or im- provement including all plumbing and electrical and other mechanical equipment, devices, and materials. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations, and repairs as specified in the following table: (Chapter 5, 1967 Code of Ordinances, as amended through Supplement No. 26) FEES FOR NEW CONSTRUCTION TYPE BUILDING AREA BUILDING OCCUPANCY SQUARE FEET PERMIT FEE Residential: SF-1, SF-2, SF-3, and SF-4, only 1,000 or less 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 2,250 2,251 - 2,500 2,501 - 3,000 3,001 - 3,500 3,501 - 4,000 4,001 - 4,500 4,501 or more $ 80.00 110.00 150.00 180.00 200.00 250.00 300.00 350.00 400.00 450.00 500.00 500.00 + 0.05/sq. ft. in excess of 4,500 Nonresidential 0 - 50 51 - 100 101 - 250 251 - 500 501 - 100,000 100,000 - 500,000 500,000 or more 20.00 minimum 25.00 30.00 45.00 40.00 + 0.05/sq. ft. 1,000.00 + 0.04/sq. ft. 6,000.00 + 0.03/sq. ft. (Provision for inclusion of subsection D(2), Table of Fees for New Construction, provided for in Ordinance Adopting Code.) ORDINANCE NO. 82/1 (CONT) FEES FOR ADDITIONS, ALTERATIONS AND REPAIRS TYPE BUILDING OCCUPANCY VALUATION PERMIT FEE ALL 0 - 500 $ 501 - 1,000 1,001 - 2,500 2,501 - 5,000 5,000 or more 10.00 15.00 20.00 25.00 0.5% of value SECTION 10: ELECTRICAL CODE S. Inspection Permits (3) Inspection Permit Fees (a) Any person granted an inspection permit under this section shall pay to the city a fee there- for to cover the cost of inspections under this section. Such fee shall be in the following amounts. (Chapter 9, 1967 Code of Ordinances, as amended through Supplement No. 26) TYPE OCCUPANCY FEES FOR NEW CONSTRUCTION BUILDING AREA SQUARE FEET ELECTRICAL PERMIT FEE Residential 1,000 or less 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 3,500 3,501 - 4,500 4,501 or more 20.00 35.00 50.00 65.00 80.00 95.00 110.00 120.00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,001 or more 10.00 minimum 20.00 20.00 + 0.02/sq. 500.00 + .015/sq. ft. ft. (Provision for inclusion of section 10.S(3)(a) Table of Fees for New Construction provided for in Ordinance Adopting Code) FEES FOR ADDITIONS, ALTERATIONS, AND REPAIRS TYPE ELECTRICAL OCCUPANCY VALUATION PERMIT FEE ALL 0 - 500 $ 501 - 1,500 1,501 - 3,000 3,001 -10,000 10,001 or more 10.00 minimum 3% of value 15.00 + 2% of value 45.00 + 1% of value 95.00 + .5% of value SECTION 11: MECHANICAL CODE C. PERMIT FEES The fees for a permit required by this section will be paid to the City of University Park in the amount speci- fied in the following tables: (1) Fees for New Construction ORDINANCE NO. 82/1 (CONT) TYPE OCCUPANCY BUILDING AREA SQUARE FEET MECHANICAL PERMIT FEE Residential 1,000 or less $ 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 3,500 3,501 - 4,500 4,501 or more 20.00 35.00 50.00 65.00 80.00 95.00 110.00 120.00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,000 or more 10.00 minimum 20.00 20.00 + 0.02/sq. ft. 500.00 + .015/sq. ft. (Provision for inclusion of subsection C(1) provided for in Ordinance Adopting Code) (2) Fees for Additions, Alterations, and Repairs TYPE MECHANICAL OCCUPANCY VALUATION PERMIT FEE ALL 0 - 500 $ 501 - 1,500 1,501 - 3,000 3,001 -10,000 10,001 or more 10.00 minimum 3% of value 15.00 + 2% of value 45.00 + 1% of value 95.00 + .5% of value SECTION 12: PLUMBING CODE D. Amendments to Plumbing Code (3) Section 304 (a) Permit Fees (a) Fees for New Construction TYPE OCCUPANCY BUILDING AREA SQUARE FEET PERMIT FEE Residential 1,000 or less 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 3,500 3,501 - 4,500 4,501 or more 20.00 35.00 50.00 65.OO 80.00 95.00 1t0.00 120.00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,000 or more 10.00 minimum 20.00 20.00 + 0.02/sq. ft. 500.00 + .015/sq. ft. (b) Fees for Additions, Alterations, and Repairs TYPE OCCUPANCY VALUATION PERMIT FEE ALL 0 - 500 501 - 1,500 1,501 - 3,000 3,001 -10,000 10,001 or more 10.00 minimum 3% of value 15.00 + 2% of value 45.00 + 1% of value 95.00 + .5% of value ORDINANCE NO. 82/1 (CONT) SECTION II THAT, Section 5, General Penalty, and Section 6, Sever- ability of Parts, Chapter V, of the Code of Ordinances shall apply. PASSED AND APPROVED this 4th day of March, 1982. ATTEST: ~ ? · / //(: t/i /t // CZTY ~NAGE~-CLE'~K / / ORDINANCE NO. 77-328 (AMENDMENT NO. 18) AN ORDINANCE AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, KNOWN AS ORDINANCE NO. 77-328, ADOPTED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF UNIVERSITY PARK ON NOVEMBER 7, 1977, WHICH WILL CHANGE THE ZONING FROM SF-2 TO PLANNED DEVELOPMENT DISTRICT - RECREATIONAL (COUNTRY CLUB AND GOLF COURSE) AS PERMITTED UNDER ARTICLE 8-401 THROUGH 8-404 OF THE ZONING ORDINANCE ON THE PROPERTY DESCRIBED AS THE DALLAS COUNTRY CLUB PROPERTY - 6200 SHANNON AVENUE - ABSTRACT 1351 - 2.88 ACRES, JOHN SCURLOCK SURVEY IN DALLAS COUNTY, TEXAS. WHEREAS, on March 9, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the applica- tion of The Dallas Country Club, the owner of 6200 Shannon Avenue - Abstract 1351 - 2.88 acres, John Scurlock Survey, owned by Dallas Country Club and located within the corporate limits of the City of University Park, requesting a change of zoning from SF-2 (Single Family Dwelling District) to Planned Development District - Recrea- tional (country club and golf course). And after such hearing, the Planning and Zoning Commission recommended to the Board of Commissioners that such change in zoning be made and that the land described above be zoned Planned Development District - Recreational (country club and golf course). WHEREAS, the Board of Commissioners has required that the owner of said property submit a Comprehensive Site Plan for the use of said property described in this application. AND WHEREAS, the owner of the property has complied with the requirements set out above and has prepared and filed with the City of University Park, a Comprehensive Site Plan for the development of the property described in the caption which is incorporated herein by reference and meets with the approval of the Mayor, Roy C. Coffee, Jr. and Commissioners Joel T. Williams and Edward Drake. After hearing the application for the amendment to the Zoning Ordinance described above and after considering the Comprehensive Site Plan for the use of said property and after hearing from all persons interested therein, either pro or con, at the conclusion of such hearing, on a motion made by Commissioner Edward J. Drake and seconded by Mayor Rocy C. Coffee, Jr. and unanimously carried, the Board of Commissioners unanimously adopted the following ordinance: BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT the Comprehensive Zoning Ordinance of the City of University Park being Ordinance No. 770328,~ adopted on November 7, 1977, is hereby supplemented and amended as follows: SECTION I That the present zoning of such property which is SF-2 (Single Family Dwelling) is hereby cancelled and terminated. SECTION II That the zoning on the property known as 6200 Shannon Avenue - Abstract 1351 - 2.88 acres, John Scurlock Survey, is hereby changed to Planned Development District - Recreational (country club and golf course). A copy of this amendment shall be attached to the Zoning Ordinance and incorporated therein by reference. ORDINANCE NO. 77-328 (CONT) SECTION III That the Comprehensive Site Plan of the Planned Development District - Recreational (country club and golf course) on the property described in the caption of this ordinance shall be and the same is hereby approved and incorporated in said Zoning Ordinance in all respects. SECTION IV That from and after the effective date of this ordinance no construction shall be placed on the above described land except such construction as especially authorized by a Special Use Permit therefore. SECTION V A copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development Districts shall be an exhibit to the Zoning Ordinance of this city. SECTION VI Section 22, Penalty for Violation of Ordinance No. 77-328, which was adopted on November 7, 1977, is applicable to this amend- ment to the Zoning Ordinance. SECTION VII Save and except for the amendment and additions contained in this ordinance and all previous amendments to the Zoning Ordinance, each and every condition, term, section and part of the Comprehensive Zoning Ordinance of the City of University Park, as amended, shall remain in full force and effect. PASSED AND APPROVED ON THIS THE 22nd DAY OF MARCH, 1982. ORDINANCE NO. 82/1 (AMENDMENT NO. 2) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 3, PER- TAINING TO BUILDING PERMIT FEES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Code of Ordinances of the City of University Park, Texas, is hereby amended at Section 1.D 2), of Chapter 3, which said section shall read as follows: SECTION 1: BUILDING CODE D. Building Permits and Fees (2) Any person, persons, firm, association, contractor, company, corporation, or any other entity to whom a building permit is issued shall before said permit is issued, make application to the City of University Park for such permit, 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 and electrical and other mechanical equipment, devices, and materials. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations, and repairs as specified in the following table: (Chapter 5, 1967 Code of Ordinances, as amended through Supplement No. 26). FEES FOR NEW CONSTRUCTION TYPE BUILDING AREA BUILDING OCCUPANCY SQUARE FEET PERMIT FEE Residential SF-1, SF-2, SF-3, and SF-4, only 1,000 or less 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 2,250 2,251 - 2,500 2,501 - 3,000 3,001 - 3,500 3,501 - 4,000 4,001 - 4,500 4,501 or more $ 80.00 110.00 150.00 180.00 200.00 250.00 300.00 350.00 400.00 450.00 500.00 500.00 + 0.05/sq. ft. in excess of 4,500 Residential 2F-l, 2F-2, SF-A, MF-1, MF-2, MF-3 Nonresidential 0 - 4,500 4,501 or more 0 - 50 51 - 100 101 - 250 251 - 500 501 - 100,000 100,000 - 500,000 500,000 or more 650.00 650.00 + .06/sq. ft. in excess of 4,500 20.00 minimum 25. O0 30.00 45.00 40.00 + 0.05/sq. ft.i 1,000.00 + O.04/sq. 6,000.00 + O.03/sq. ft.ii ORDINANCE NO. 82/1 (CONT) (Provision for inclusion of subsection D(2), Table of Fees for New Construction, provided for in Ordinance Adopting Code). FEES FOR ADDITIONS, ALTERATIONS AND REPAIRS TYPE BUILDING OCCUPANCY VALUATION PERMIT FEE ALL 0 - 500 $ 501 - 1,000 1,001 - 2,500 2,501 - 5,000 5,000 or more 10.00 15.00 20.00 25.00 0.5% of value SECTION II THAT, Section 5, General Liability, and Section 6, Sever- ability of Parts, Chapter V, of the Code of Ordinances shall apply. PASSED AND APPROVED this 5th day of April, 1982. ATTEST: CITY ORDINANCE NO. 77.328 (AMENDMENT NO. 19) AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, KNOWN AS ORDINANCE NO. 77/328, WHICH WAS ADOPTED BY THE BOARD OF COMMISSIONERS ON NOVEMBER 7, 1977. THIS AMEND- MENT SUPPLEMENTS, ADDS, OR AMENDS THE FOLLOWING SECTIONS: 9-102, 9-802.2, 9-802.4, 11-106, 13-103, 21-101.7, AND 21-101.40. WHEREAS, on April 6, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing to consider amendments to the zoning ordinance as herein detailed, and at the conclusion of said hearing, the Planning & Zoning Commission recommended to the Board of Commissioners that the following provisions be amended, supplemented, or added to said Zoning Ordinance. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS of the City of University Park, Texas: THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, being Ordinance No. 77/328, is hereby amended or supplemented as follows: 9-102 I SECTION 9 Maximum Lot Area For Residential Use. The following shall be added: In determining the maximum number of dwelling units, fractional units shall be rounded off to the nearest whole number. 9-802.2 Location of Three-Story, Multiple-Family Dwelling. Three story, multiple-family dwellings may be permitted in an MF-2 or MF-3 District by a Special Use Permit pro- viding such structure is located on a lot with a minimum width of seventy (70) feet, a minimum depth of one hundred and forty (140) feet and contains a minimum of fourteen thousand (14,000) square feet of lot area providing such structure maintains a fifteen (15) feet minimum side yard or complies to the side yard requirements in 9-602.b and providing it conforms with all the other requirements for a multi-family dwelling specified for the district in which such structure is located. Such dwelling, if approved, may have one (1) dwelling unit for each 1,600 square feet of lot area. 9-802.4 Location of Required Parking. Add the following: In determining the maximum number of parking spaces to be located in front of the building line, fractional spaces shall be rounded off to the nearest whole number. 11-106 SECTION 11 Required Parking Spaces in Multi-Family Districts. In determining the required number of parking spaces, fractional spaces shall be rounded up to the nearest whole number. ORDINANCE NO. 77/328 (AMENDMENT NO. 19) (Continued) SECTION 13 13-103 Rear Yard. (a) There shall be a rear yard for an accessory building or structure of not less than three (3') feet measured from the rear property line. In residential districts, the main building all accessory buildings and all other structures in excess of thirty (30") inches above ground level shall not cover more than fifty (50%) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot line with the midpoint of the opposite side lot line except that when an amount of open space in the form of a side court- yard equal to the rear lot coverage in excess of 50% is provided in the building area in the rear of the lot may increase in the same amount limited to 75% of the rear lot coverage. SECTION 21 21-101.7 BASEMENT - A building which is partly underground, but having at least one-half (½) of its height below the average level of the adjoining ground. 21-101.40 STORY - The height between the successive floor of a building or from the top floor to the roof. The standard height for a story is eleven (11') feet, six (6") inches. A half story is a space under a sloping roof having an average height not exceeding eight (8') feet and a floor area not greater than seventy-five (75%) percent of the area of the floor on the first story below. Parking which is depressed below the average grade or which is at grade and below the structure and enclosed shall not be considered a story in computing the height of the building. II A copy of this Amendment shall be incorporated as a permanent part of the Zoning Ordinance. III Section 22, Penalty for Violations of Ordinance No. 77 328, ' adopted November 7, 1977, is applicable to the AmeDdment of this Zoning Ordinance. Save and except for the Amendments contained in this Ordinance and all previous Amendments to the Zoning Ordinance, it is hereby ordered that each and every condition, term and section of the Comprehensive Zoning Ordinance of the City of University Park, Texas, as amended, shall remain in full force and effect. PASSED AND APPROVED this 22nd day of April, 1982. ATTEST: i // / CITY MANAGER-CLERK ORDINANCE NO. 82/2 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AMENDMENT NO. 11, APPENDIX A, AS ADOPTED IN THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS. WHEREAS, the Code of Ordinances of the City of University Park adopted on the 4th day of February, 1982, attempted to consolidate all of the changes previously adopted individually for the City of University Park Zoning Ordinance; and WHEREAS, the planned development district in the Code of Ordinances for Planned Development District ~7 - Single Family Attached (Idlewild ~1 Addition) did not include all of the area of the original amendment adopted on October 6, 1980; and WHEREAS, it was not the intent to change any zoning boundary by the codification. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Appendix A, Zoning Ordinance, Planned Development District #7 - Single Family-Attached (Idlewild ~1 Addition) the paragraph describing the limits of said Planned Development of the Code of Ordinances is hereby amended to read as follows: The zoning of Lots 15-20, Block 1 of Idlewild #1 Addition and Lots 11-20, Block 2 of Idlewild ~1 Addition, shall be and the same is hereby changed from SF-A, Single-Family Attached Dwelling to Planned Development District #7, sub- ject to the following which shall be applicable to all lots set out above. SECTION II THAT, all the remaining portions of Amendment No. 12, including sections (a), (b), and (c), shall apply. SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 22nd day of April, 1982. C I TY; MANAGE R- C LE RK ORDINANCE NO. 82/3 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION I(i) BY ADDING SUB-SECTION NUMBER (4) TO THE CODE WHICH PROVIDES FOR MASONRY CON- STRUCTION ON EXTERIOR WALLS AND FLAME RETARDANT ROOFING ON STRUCTURES IN ZONING CLASSIFICATIONS SF-A, MF-1, MF-2, AND MF-3, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding paren- thesis four (4) to Section I(i) to be numbered Section I (i) (4), which said addition shall read as follows: (4) Ail residential buildings in the Zoning Districts, Single-Family Attached Dwellings (SF-A), Multiple-Family Dwellings (MF-1, MF-2 and MF-3) shall have a minimum of eighty (80%) percent masonry material on the exterior wall surfaces, excluding windows, doors, and other apertures. Accessory buildings shall not be subject to such provision. The roofing material, including accessory buildings, shall be of the flame retardant or flame resistent type. Requests for variations from the above requirements may be taken to the Environmental Standards Committee as established by Resolution No. 82-13, of the City of Uni- versity Park. Ail variances shall be filed with the Environmental Standards Committee within fifteen (15) days of denial by the Building Department. Said Environmental Standards Committee shall render approval or disapproval of such variance within thirty (30) days~ Any decision of the Environmental Standards Committee may be appealed to the Board of Commissioners at their next regularly scheduled meeting. SECTION II Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of May, 1982. C2Y MANAGER- CLER~ ...... / ? ORDINANCE NO. 82/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, BY ADDING SECTION 20, DESCRIBING PARKING REQUIREMENTS FOR ALL PARKING SPACES REQUIRED IN THE CITY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section, to be numbered Section 20, which said section shall read as follows: SECTION 20: PARKING STANDARDS. Ail parking requirements required by the Code of Ordinances and the Zoning Ordinance of the City of University Park shall meet certain standards which shall be prescribed by the Public Works Department of the City of University Park. Such standards shall prescribe rules and regulations which shall denote usable spaces, safety and protection of adjoining property. Such standards shall be printed and filed in the Assistant City Clerk's office and the Building Department. Requests for variation from the parking standards may be taken to the Environmental Standards Committee as estab- lished by Resolution No. 82-13 of the City of University Park. Ail variance shall be filed with the Environmental Standards Committee within fifteen (15) days of denial by the Building Department. Said Environmental Standards Committee shall render approval or disapproval of such variance within thirty (30) days. Any decision of the Environmental Standards Committee may be appealed to the Board of Commissioners at their next regularly scheduled meeting. SECTION II Section 5, General Penalty and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of May, 1982. ATTEST CITy MANAGER-kiLERK ORDINANCE NO. 82/5 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 4D(3) OF THE CODE OF ORDINANCES WHICH AMEND- MENT CLARIFIES THE CITY ENGINEER'S RESPONSIBILITY FOR THE ENFORCEMENT OF THE ZONING, BUILDING, ELEC- TRICAL, PLUMBING AND MECHANICAL CODES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 4D(3), of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: De Duties and Responsibilities (3) Through the agency of the building department, under the supervision of a building official, the City Engineer shall have jurisdiction over all construction and building activity that is being accomplished in accordance with all the requirements and provisions of all applicable codes and ordinances adopted by the Board of Commissioners for the regulation of such ac- tivity. The above includes, but is not limited to, the enforcement by the city engineer, through the building officials and other enforcement employees of the building department, all the terms of the Zoning Ordinance, building code, electrical code, plumbing code, mechanical code and other allied codes that deal with the safety and welfare of buildings and their surroundings. PASSED AND APPROVED this 8th day of June, 1982. ATTEST: ~ CITY MANAGER-CLERK ORDINANCE NO. 82/6 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5, SECTION 5, BY CHANGING THE TITLE AND ADDING (E) WHICH REGULATES THE INSTALLATION OF UNDERGROUND TANKS AND PROVIDES A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 5 of the Code 'of Ordinances, City of University Park, Texas, is hereby amended by adding a new title for Section 5 and adding a new sub-section, to be numbered section 5(E), which said title and sub-section shall read as follows: Section 5. Sale, Storage and Use of Explosives, Liquefied Petroleum Gases and Underground Combustible Liquid Tanks. (E) Ail newly installed underground flammable or combustible liquid tanks of 1000 gallon capa- city or larger shall be equipped as follows: A 6" or larger perforated pipe or tube shall be installed within the sand or gravel back fill of the tank excavation hole to the depth of the lowest point of any tank or its bedded foundation. The pipe shall be no further than 24" from the tank, and when more than one tank is placed, the perforated pipe shall be placed between tanks. Perforation of the pipe shall be continuous to within 3' of the pavement covering or grade. Sampling for leakage of the stored product and removal of contaminated ground water can be drawn from this sampling tube. A removable cover for inspection which is capable of withstanding traf- fic over the tank area shall be provided over the perforated tube. SECTION II Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 8th day of June, 1982. ATTEST: C I TY/MANAGER- CLERK ORDINANCE NO. 82/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5, OF THE CODE OF ORDINANCES BY ADDING SECTION 18, REGULATING THE PENETRATIONS OF FLOOR OR CEILINGS REQUIRING FIRE PROTECTED COVERINGS AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 5 of the Code of Ordinances of the City of University Park, Texas, is hereby amended by adding a section, to be numbered Section 17, which said section shall read as follows: Section 17. Fire resistive floor, ceiling or walls. Fire resistive floor, ceiling or walls shall be assumed to have the fire resistive ratings set forth in the Uniform Building Code. Penetrations in floor, ceiling or walls re- quiring protected openings shall be fire stopped. Fire stopping shall be of an approved material, securely installed and capable of maintaining its integrity when subjected to test-temperature prescribed in the Uniform Building Code. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances, shall apply. PASSED AND APPROVED this the 8th day of June, 1982. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 20) AN ORDINANCE AMENDING AND SUPPLEMENTING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, KNOWN AS ORDINANCE NO. 77/328, ADOPTED BY THE BOARD OF COMMISSIONERS ON NOVEMBER 9, 1977, AND AMENDMENT NO. 9 ADOPTED APRIL 7, 1980. THE AMEND- MENT PROVIDES FOR AN ALTERED SPECIFIC USE PERMIT ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 1 THROUGH 10, BLOCK 1, OXFORD MANOR ADDITION, KNOWN AS 7015 WESTCHESTER, BOUNDED ON THE NORTH BY LOVERS LANE, ON THE SOUTH BY GRASSMERE LANE AND ON THE WEST BY DOUGLAS AVENUE. WHEREAS, on April 7, 1980, the Board of Commissioners of the City of University Park adopted a specific use permit, a copy of which is on file with the Building Department, for a baseball field and administration building on Lots 1 through 10, Block 1, Oxford Manor Addition; and WHEREAS, the Highland Park Independent School District wishes to add an indoor tennis and racquetball facility to the above described property; and WHEREAS, the Planning and Zoning Commission held a public hearing on the addition of the enclosed tennis and racquetball facility to the specific use permit on May 19, 1982, and that the Planning and Zoning Commission recommends approval of such addition to the Board of Commissioners; and WHEREAS, after official notice and public hearing as required by law was held by the Board of Commissioners on June 8, 1982. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Comprehensive Zoning Ordinance and Amendment No. 9 of the City of University Park, are amended and supplemented as follows: THAT, the specific use permit, as filed with the Building Department, be approved on that property bounded on the north at Lovers Lane, on the west by Douglas Avenue, on the south by Grassmere Lane and on the east by Westchester Drive, subject to the following: (1) THAT, every structure thereafter shall comply with the terms of the altered specific use permit on file; THAT, the official zoning map be changed to reflect the specific use permit number S-4; (3) THAT, the appendix listing of specific use permits be amended by adding the following: SPECIFIC USE PERMIT NUMBER TYPE OF USE S-4 Administrative building, baseball field, tennis and racquetball structure, bleachers and accessory uses. ORDINANCE NO. 77/328 (AMENDMENT NO. 20) continued SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amended Zoning Ordinance. SECTION III THAT, save and except for amendment and addition contained in this Order, each and every term, condition, and section of the Comprehensive Zoning Ordinance of the City of University Park shall remain in full force and effect. PASSED AND APPROVED this 8th day of June, 1982. ATTEST: C I TY :..'MANAGE R- CLERK ORDINANCE NO. 82/8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15' PUBLIC ALLEY LOCATED WEST OF LOT 26, BLOCK 6, WESTMINSTER PLACE ADDITION, UNIVERSITY PARK, TEXAS, CONTAINING 1798.65 SQUARE FEET OF LAND. WHEREAS, the Legislature of the State of Texas had delegated to the Board of Commissioners of the City of University Park, the exclusive control and power over the streets, alleys, parks and public grounds and highways in such city, and has delegated to the Board of Commissioners of this city the authority, by ordi- nance, to vacate, abandon and close any street or alley upon receiving a petition from the owner of the property abutting on such street or alley. AND WHEREAS, the Lakewood Bank & Trust Company owns the property abutting that portion of an existing alley adjoining the west line of Lot 26, Block 6, Westminster Place Addition, City of University Park, Texas, which is more fully described in Exhibit "A" attached hereto and the Lakewood Bank & Trust Company has petitioned the Board of Commissioners of the City of University Park to vacate and abandon such portion of the alley more fully described in Exhibit "A". AND WHEREAS, the Board of Commissioners of the City of University Park find that it will be beneficial to the people in University Park to vacate and abandon the portion of the alley described in Exhibit "A" and to take whatever action is necessary to confirm the ownership of said abandoned alley to Lakewood Bank & Trust Company. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. That the portion of the existing 15' wide alley adjoining the west line of Lot 26, Block 6, of said addition, more fully described in Exhibit "A", attached hereto, shall be vacated, abandoned and closed and the City shall execute and deliver a Quit Claim Deed covering such 15' abandoned alley to the Lakewood Bank & Trust Company. 2. The abandonment provided above shall extend only to the public right, title and interest in and to the above described easement and right of way of said alley and it shall be construed only to apply to the interest which the Board of Commissioners of the City of University Park may lawfully abandon, vacate and close, and each conveyance thereof shall be specifically subject to all existing easements, on, over or under the tract of land described in Exhibit "A", including any utility easements that may exist on said property. IT IS FURTHER ORDAINED that a copy of this Ordinance may be filed in the Deed Records of Dallas County, Texas, and in any other manner that may be necessary or appropriate to show the vacation, abandonment or closing of that portion of the alley described in Exhibit "A" attached hereto. ORDINANCE NO. 82/8 (Continued) PASSED AND APPROVED this 28th day of Jun~e, 1982. ATTEST: CITY MANAGER-CLERK EXHIBIT "A" Description of a 1,798.65 square foot tract of land out of Block 6, Westminster Place Addition, an addition to the City of University Park, Texas. Said 1,798.65 square foot tract of land being a portion of the existing 15' wide alley adjoining the west line of Lot 26, Block 6, Westminster Place Addition, and being more particularly described as follows: BEGINNING at an iron rod for corner in the north line of Rosedale Avenue with said rod being the southwest corner of Lot 26, Block 6, of said addition; THENCE, West along the North line of Rosedale Avenue a total distance of 15' to an "X" set for corner in concrete in the West line of said abandoned alley; THENCE, North 00© 18' 30" East along the West side line of said abandoned alley, 120.72' to an iron rod set for corner in same; THENCE, South 83© 26' 10" East a total distance of 15.11' to an iron rod set for corner at the Northwest corner of Lot 26; THENCE, South 00© 26' 10" West along the west line of Lot 26, a total distance of 119.1' to the PLACE OF BEGINNING and containing 1,798.65 square feet of land and hereinafter identified as the West 15' Addition to Lot 26, Block 6, Westminster Place Addition, known as 3130 Rosedale Avenue. ORDINANCE NO. 77/328 (AMENDMENT NO. 21) AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUP- PLEMENTING APPENDIX A, ZONING ORDINANCE, BY AMEND- ING SECTIONS 9-602(c), 13-103(a) AND 13-103(c), WHICH SAID SECTIONS DEAL WITH CORNER LOT SET-BACKS, REAR LOT SET-BACKS AND ACCESSORY BUILDINGS, AND FURTHER AMENDING AMENDMENT NO. 4, TO APPENDIX A, FOR A TYPOGRAPHICAL ERROR, SAID AMENDMENT PASSED AUGUST 24, 1978, AND FURTHER PROVIDING A PENALTY. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Appendix A, Section 9-602(c) be amended to read as follows: (c) On all corner lots used for one-family, two-family or multiple-family dwellings, a minimum side yard of ten (10') feet on the street side, shall be observed except that garages, carports, and similar vehicle storage facilities entered from a side street shall provide a minimum side yard of twenty (20') feet. In single- family districts, those corner lots sixty (60') feet or less in width may observe a minimum side yard, on the street side, of ten (10%) percent of lot width if the distance between the curb and sidewalk is five (5') feet or greater and the front yard set-back is not less than the minimum front yard set-back for that district. SECTION II THAT, Appendix A, Section 13-103(a) be amended to read as follows: (a) There shall be a rear yard for an accessory building or structure of not less than three (3') feet measured from the rear property line. In residential districts, the main building, all accessory buildings and all other structures in excess of thirty (30") inches above ground level shall not cover more than fifty (50%) percent of that portion of the lot lying to the rear of a line erected joining the midpoint of one side lot lint to the midpoint of the other side lot line. Detached carports, garages or other detached structures shall not be closer than six (6') feet to the main building nor nearer than eighteen (18") inches from any side lot line. This six (6') foot space shall not contain any stairs or similar structures. SEdTION III THAT, Appendix A, Section 13-103(c) be amended to read as follows: (c) Area of Accessory Building. The area of accessory buildings in the rear yard is limited only by the total rear yard coverage of fifty (50%) percent as stated in paragraph (a) of this section and such buildings observe all set-backs and separation distances as provided by this Ordinance. ORDINANCE NO. 77/328 (AMD. #21) Accessory buildings shall not contain kitchen facilities nor be capable of being used as living quarters for owners or rental use. Furthermore[ the height of accessory build- ings shall be limited to two stories with a maximum height of twenty (20') feet as defined by Section 21-101.24. The accessory building shall not have separate utility meters and any telephones must be extensions from the main structure. SECTION IV THAT, Appendix A, Amendment No. 4, passed on August 24, 1978, be amended to read as follows: Ail references in said Amendment to Single-family-one (SF-1) is changed in all respects to Two-family-one (2F-l) districts. The amendment attempted to include (SF-A), single-family attached, construction only in classification lower than (SF-A). Nothing in this amendment changes any meaning or wording in Amendment No. 4 other than the change from (SF-1) to (2F-l). SECTION V Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances apply. PASSED AND APPROVED this 12th day of July, 1982. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 82/9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK GRANTING A LICENSE TO WARNER AMEX CABLE COMMUNICATIONS, INC. TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROP- ERTY ALONG LOMO ALTO DRIVE, WITHIN THE LIMITS HERE- INAFTER MORE FULLY DESCRIBED, FRO THE PURPOSE OF INSTALLING AND MAINTAINING BURIED CABLES IN ORDER TO BRING CABLE TV SERVICE TO A SEGMENT OF DALLAS, TEXAS; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR THE ANNUAL COMPENSATION TO BE PAID TO THE CITY OF UNIVERSITY PARK; PROVIDING FOR PAYMENT OF THE PUBLICATION FEE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS LICENSE AND ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, a license is hereby granted to Warner Amex Cable Communications, Inc., hereinafter referred to as "Grantee" to occupy, maintain and utilize the following described public property along Lomo Alto Drive in the City of University Park and County of Dallas, Texas, and described as follows: Beginning at the southwest corner of Druid Lane and Lomo Alto Drive, the corporate lines of the City of Dallas and City of University Park; Thence in a northerly direction a distance of 885 feet, parallel to and located behind the west curb of Lomo Alto Drive; Said TV cables to be buried to a depth of twenty-four (24") inches. SECTION II THAT, this license is granted for a term of fifteen (15) years unless sooner terminated according to other terms and provisions herein contained. SECTION III Grantee shall pay to the City of University Park the sum of 'Two Hundred Forty Three and 38/100 ($243.38) Dollars annually for the license herein granted, said sum to become due and payable on the 2nd day of January of each year in advance, during the term hereof; provided, however, that the first payment due hereunder in the sum of One Hundred Twenty One and 69/100 ($121.69) Dollars, shall become due and payable upon the final passage of this ordinance and shall cover the consideration for the remainder of the year 1982. Such consideration shall be in addition to and exclusive of any other taxes or special assessments required by law to be paid by Grantee. Ail sums payable to the City of University Park hereunder shall be paid to the Director of Finance of the City of University Park. SECTION IV THAT, the above described property shall be used by Grantee for the following purpose under the direction of the Director of Public Works of the City of University Park to install and maintain cables for use in Cable TV operations in Dallas, Texas only. No cable installed pursuant to this license shall be used for servicing University Park, Texas. ORDINANCE NO. 82/9 (continued) SECTION V THAT, the above described area is granted subject to the following conditions, terms and reservations: (a) That at such time as this license is terminated or cancelled, for any reason whatsoever, Grantee shall remove all improvements and appurtenances owned by it situated, in, on, over, under or attached to the hereinabove described area, and shall restore the premises in accordance with the requirements of the Director of Public Works at the sole cost of Grantee. In the event Grantee shall fail to comply with said orders issued by City, or such work is not done to the satisfaction of the Director of Public Works, then in either event the City shall have the right to do all work necessary to restore said area as aforesaid, or cause such work to be done, assess the cost of all such work against Grantee and the City of University Park shall in no case be liable to Grantee on account thereof. (b) This license is made subordinate to the right of the City to use said area for a public purpose, and in addition to any other reservations, made herein, it is understood and agreed that should the City of University Park deem it in the public interest to use the above area, or any portion thereof for a public purpose, or for any utility service which will require the use of said area, then and in that event, the City of University Park shall give Grantee 180 days' written notice of its intention to cancel this license. Grantee shall like- wise have the same right of cancellation upon giving the City of University Park 180 days' written notice of its intention to cancel, and in either event upon the termination or cancel- lation by 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 Sub- section (a) above. Ail work shall be done at the sole cost of Grantee and to the satisfaction of the Director of Public Works. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City's determination as to the public necessity of the use of said area for public use. (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, 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 above described area, and/or any of Grantee's installations and improvements thereon, any modifications, construction, reconstruction or change in connection with said area and/or improvements located thereon, shall be done at the sole expense of Grantee and to the satisfaction of the Director of Public Works. (d) It is understood and agreed, and a condition hereof, that Grantee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satisfactory to the City of University Park, protecting the City of University Park against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Grantee of the hereinabove described area and Grantee's improvements and equipment in connection therewith and located therein. Said insurance shall be in amounts of not less than: $300,000.00 - Bodily Injury or Death, Per Occurrence $100,000.00 - Property Damage, Per Occurrence ORDINANCE NO. 82/9 (continued) 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 ten (10) days' written notice to the City of University Park, Texas. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be cancelled and terminated. (e) This license is subject to all State law and the Ordinances of the City of University Park now in effect or those which may hereafter be passed and adopted. The City of University Park shall have the right to increase or de- crease the compensation to be charged for the use contemplated by this grant. (f) The Governing Body of the City of University Park reserves the right at any time, for good and sufficient reason, to terminate and cancel this license, in accordance with the terms and conditions hereof, by resolution duly passed by said Governing Body, and all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the City of University Park shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the Courts. (g) As a condition hereof, Grantee agrees and is bound to 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 the above described public property by Grantee, or from any act or omission of any representative, agent, customer and/or employee of Grantee. This agreement shall also cover any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of Grantee's use of said license or Grantee's improvements and equipment located thereon. Grantee shall never make any claim of any kind or character whatsoever against the City of University Park for damages that it may suffer by reason of the installation, construction, reconstruction, operation and/or maintenance of any public improvement or utility, whether presently in place or which may in the future be constructed or installed, 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 installation, natural causes or from any other cause of whatsoever kind or nature. It is the intention of this indemnity agreement on the part of Grantee, and a condition of this license, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the City of University Park by reason or as a consequence of having granted permission to Grantee to use and maintain the above described public property. Grantee hereby agrees to defend any and all suits, claims or causes of action brought against the City of University Park on account of same, and discharge any judgment or judgments that may be rendered against the City of University Park in connection therewith. SECTION VI Grantee shall pay the fee for publishing this Ordinance. SECTION VII Grantee shall accept the provisions of this Ordinance by filing acceptance in writing with the City Secretary of the City of University Park within thirty (30) days after this Ordinance shall have become full~ effective. In the event said acceptance, in writing, is not filed as provided for herein, then this license shall be of no further e~fect and shall be considered as having been cancelled fully. ORDINANCE NO. 82/9 (continued) SECTION VIII This Ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 12th day of July, 1982. MAY '~ ATTEST: · ~ ":.~ 5"'~' : ,/ ,. l.:" :2> t' CITY MANAGER-CLERK ORDINANCE NO. 82/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A NO-PARKING AND TWO-HOUR PARKING LIMITATION IN THE 4000 BLOCK OF DRUID LANE AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 12(D) of the Code of Ordinances of the City of University Park, Texas, the following action is taken: (1) Parking is restricted, at all times, on the follow- ing street area: STREET OR PARKING AREA Druid Lane BLOCK SIDE EXTENT 4000 Both 100 Feet West of the inter- section of Preston Road (2) Parking time is limited to two (2) hours on the following street area from 8:00 a.m. until 5:00 p.m., Monday through Friday, excepting legal holidays: STREET OR PARKING AREA BLOCK SIDE EXTENT Druid Lane 4000 Both Ail of the public parking except for the west 100 feet SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 12th day of July, 1982. MAY~ ATTEST: CITY ~NAGER-CLERK ORDINANCE NO. 82/11 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 81/13, THE PRESENT PAY PLAN AS PROVIDED BY CHAPTER 8, SECTION 10, OF THE CODE OF ORDINANCES, SUCH AMENDMENT TO PROVIDE A NEW PAY SCALE FOR MULTIPLE BUILDING INSPECTOR. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the present pay plan, Ordinance No. 81/13, is amended by removing the classification, Multiple Building Inspector, from Grade (2a) and forming a Grade (2aa). Such amendment is due to market conditions and such is necessary to hire and retain persons for the Multiple Building Inspector position. The scale shall be as follows: PTS/ MID-PT GRADE POSITION 85% 92% 96% . 100% 105% 110% 115% (2aa) Multiple Bldg. Insp. 1403 1518 1584 1650 1732 1815 1897 No. ~SECTION II THAT, all other pay scales and other sections of Ordinance 81/13 passed September 16, 1981, shall remain in full force. PASSED AND APPROVED this 12th day of July, 1982. ATTEST : CITY MANAGER-CLERK ORDINANCE NO. 82/12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING dHAPTER 3, SECTION 14, PARAGRAPH H. OF THE CODE OF ORDINANCES TO ESTABLISH KIND OF HATERIAL ALLOWED WHEN BUILDING A SIDEWALK ON PUBLIC PROPERTY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 14, Paragraph H. of the Code of Ordinances of the City of University Park is hereby amended to read as follows: H. Approval of material by City Engineer The only material allowed in this section is brush finished concrete without any coloring, paint or similar material. Specifically excluded are exposed aggregate concrete, brick and aggregate filled epoxy. An expansion joint shall be provided between the public sidewalk and the private driveway. In replace- ment work, the existing curb return and gutter shall be saw cut at the tangent point of the return. Specifications for construction of sidewalks shall be approved by the City Engineer. The contractor shall furnish whatever samples as may be required for making test and examination in sufficient time prior to their use. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 12th day of July, 1982. ATTEST: ORDINANCE NO. 77/528 (AMENDMENT NO. 22) AN ORDINANCE AMENDING AND SUPPLEMENTING THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS. THIS AMENDMENT SUPPLEMENTS SECTION 8-400 OF SAID ORDINANCE BY ADDING SECTION 8-405(10) WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ON LOTS 1 AND 2, ROBERT JOHNSON SUBDIVISION, PROVIDING A COMPREHENSIVE SITE PLAN FOR THE DEVELOPMENT; IT ALSO CHANGES THE ZONING ON SAID LOTS FROM C, COMMERCIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, AS PERMITTED BY ARTICLE 8-401 (e) OF THE ZONING ORDINANCE. WHEREAS, on July 6, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the application of Terra Properties, Inc. and recommended to the Board of Commissioners that the requested change in zoning be made with the requirements included herein as "Exhibit A"; BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 8-405(10) THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77/328 is hereby supplemented and amended as follows' SECTION I THAT, the zoning on the property known as Lots 1 and 2, Robert Johnson Subdivision, is hereby changed from Commercial to Planned Development District, and a copy of this amendment shall be attached to the Zoning Ordinance and incorporated herein by reference. SECTION II THAT the Comprehensive Site Plan of the Planned Development District on the property shall be and the same is hereby approved and attached to this Ordinance and incorporated herein by reference. SECTION III THAT the building permit to be issued in connection with this Planned Development District shall specifically include the requirements included herein and marked "Exhibit A" and made a part hereof by reference. SECTION IV THAT a copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development District shall be amended as an Exhibit to the Zoning Ordinance. SECTION V THAT Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordinance. ORDINANCE NO. 77/328 (Continued) SECTION VI Save and except for the amendments and additions contained in this Ordinance and all previous amendments to the Zoning Ordinance, each and every condition, term and section of the Comprehensive Zoning Ordinance of the City of University Park, as amended, shall remain in full force and effect. PASSED AND APPROVED this 22nd day of July, 1982. ~Y MAN~'GE[- ACTING M rOR EXHIBIT "A" The building permit to be issued in connection with this Planned Development District shall specifically include the following requirements' o 4. 5. 6. The entire building to be fitted with a fire sprinkler system. Parking facilities to meet the requirements for such buildings as contained in the City of University Park Zoning Ordinance. Ingress and egress to the parking structure to be worked out to the satisfaction of the City staff. Full and complete landscape plans to be submitted to and approved by the City staff. Delivery and loading zones to be included and access thereto to be approved by the City staff. Exterior of building to be of non-reflective glass or a material satisfactory to the Environmental Standards Committee of the City of University Park. ORDINANCE NO. 82/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION I, D(4) OF THE CODE OF ORDINANCES IN REGARD TO THE TIME LIMITS OF BUILDING PERMITS, THE CLEANLINESS DURING CONSTRUCTION AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 3, Section I, D(4) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' (4) Any person, persons, firm, association, contractor, company, corporation or any other entity to whom a build- ing permit is issued shall commence work on the permitted project within sixty (60) days from the date of the approved application or such permit shall become invalid; and further, such permit shall become invalid if the work authorized by such permit is suspended or abandoned for a period of sixty (60) days after the work has commenced. Abandoned or sus- pended shall mean the lack of any discernable progress. For residential construction, all work commenced under a building permit shall be completed within twelve (12) months. Residential shall mean all structures built to be used as housing units. Ali other construction shall be completed within twenty-four (24) months. During construction projects covered by permit, all sites shall have sanitation facilities located either in a building or in the back yard; however, portable toilets shall not be located in any required front or side yard set-back. Also, all debris, including concrete and bricks not being used in the momentary construction, such as paper, cups, sacks, etc., shall be cleared each day by hauling off, containerizing or stacking neatly where the debris is not obtrusive to the neightbors. Ail violations as to the starting of construction, duration of construction, littering or sanitation requirements can be prosecuted by cancellation of the building permit, declaring the same as a nuisance, or using the provision of (F) of this section, either singly or as a group. If the cancellation of a permit is due to the sixty (60) day starting provision and if such starting failure is due to circumstances beyond the control of the individual, the Building Official may refund such permit. In all cases where time is an element, only the Board of Commissioners may grant an extension. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of/~ugust, 1982. // '\ ATTEST: \i/,/'/ /? /)t / fi'/ /2 , / // ,, CITY MA'NAGER- CLERK '~ ORDINANCE NO. 82/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION F(1) AND (2) OF THE CODE OF ORDINANCES IN REGARD TO DEPOSITS FOR REMOVAL OF CONSTRUCTION DEBRIS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section F (1) and (2) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' (1) Every applicant for a building permit of value in excess of one thousand dollars ($1,000) shall deposit with the City a minimum sum of one hundred dollars ($100) in cash. This shall be returned to such appli- cant if, within fifteen (15) days of final inspection, or the City has not had to clean-up debris or trash during construction, he removes from the premises and adjacent property all trash, debris and dirt of every kind that resulted from the construction or demolition fro which the building permit was issued. If the City has had to expend money to remove any item during or after such construction, the applicant will receive the difference between any cost to the City and the deposit - if any. When the value of the permit exceeds five thousand dollars ($5,000) the amount of the deposit shall be a minimum of five hundred dollars ($500) but the Building Official may request a higher deposit commensurate with any estimated clean-up costs. (2) Any dispute over the clean-up costs, if done by the City, shall be settled by the Board of Commissioners. PASSED AND APPROVED this 19th day of August, 1982. ATTEST: x . . C I TY/MANAGER- CLERK / ,/ ORDINANCE NO. 82/15 AN ORDINANCE OE THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 1. I(3) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, WHICH SAID SECTION WILL PROVIDE FOR FIRE RETARDANT WALLS IN SINGLE FAMILY-ATTACHED, TWO FAMILY, AND MULTIPLE FAMILY DWELLINGS; AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT Chapter 3, Section 1.1(3) of the Code of Ordinances, City of University Park, is hereby amended to read as follows: (3) Ail residential structures hereinafter constructed in all districts, as two-family, single family-attached or multi-family dwelling of five units or less, shall be constructed to provide a two-hour non-destructible fire resistant wall separating each occupancy group. Such walls shall contain no openings of any nature, shall be constructed in its entirety of either brick, concrete, masonry or any similar non-combustible material approved in advance by the city engineer, and shall contain no attachments nor be used as a load bearing structure for floor joists or roof rafters. The construction of such walls shall meet the require- ments of Tables No. 43-a, 43-b, and 43-c of the Uniform Building Code and shall extend from the foundation to a point at least thirty inches (30") above the roof in accordance with Section 505(d) of the Uniform Building Code. In addition, in those configurations of two-family and multi-family dwellings in which one occupancy group!s living quarters is above another, then there shall be installed a one and one half inch (il") light weight concrete floor. In multi-family units in excess of five, the fire marshal and city engineer shall determine the type of protection necessary to facilitate the same degree of fire security and sound barrier as required for units of five or less. SECTION II THAT Chapter 1, Section 5, General Penalty, and Section 6 Severability of Parts of the Code of Ordinances of the City of University Park shall apply. PASSED AND APPROVED this 19th day of August, 1982. ATTEST · ORDINANCE NO. 82/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 20, DESCRIBING PARKING REQUIREMENTS FOR ALL PARKING SPACES REQUIRED IN THE CITY AND PROVIDING A PENALTY. WHEREAS, because of the increased parking congestion on the streets of the City of University Park; and WHEREAS, the fire marshal of the City.of University Park has requested that the city be concerned about the number of parked automobiles in the front and adjacent to multi-family and two-family dwellings. BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT Chapter 3, Section 20 of the Code of Ordinances of the City of University Park, is amended to read as follows: Section 20. Parking Standards and Requirements All parking requirements required by the Code of Ordinances and the Zoning Ordinances of the City of University Park shall meet certain standards which shall be prescribed by the public works department. Such standards shall prescribe rules and regulations which shall denote usable spaces, safety and protection of adjoining property. Such standards shall be printed and filed in the Assistant City Clerk's office and the Building Department. All parking requirements as required by the Code of Ordinances and the Zoning Ordinances of the City of University Park which shall apply to the class of use of facilities, and which is required in residential construction, shall hereafter not be counted as meeting those requirements if such parking is proposed to be in front of any required building line in the City of Uni- versity Park. Requests for variation from the parking standards or parking requirements, as listed in the paragraph above, may be taken to the Environmental Standards Committee established by Resolution No. 82-13 of the City of University Park. Ail variances shall be filed with the Environmental Standards Committee within fifteen (15) days of denial by the building department. Said Environmental Standards Committee shall render approval or disapproval of such variances within thirty (30) days. Any decision of the Environmental Sandards Committee may be appealed to the Board of Commissioners at their next regularly scheduled meeting. SECTION II THAT Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of..~ugust, 1982. ATTEST: ' ~' ~ CITY ~ANAGER-CLEkK / / ORDINANCE NO. 82/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A ONE-WAY TRAFFIC DESIGNATION ON PARK STREET, BETWEEN UNIVERSITY BOULEVARD AND McFARLIN BOULEVARD AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 9, of the Traffic Code of the Code of Ordinances, City of University Park, the following action is taken: (1) A one-way street designation for' STREET BLOCK ONE WAY DIRECTION Park Street, between University Boulevard and McFarlin Boulevard 6400 South SECTION II THAT Chapter 1, Section 5, General Penalty for Violation of Code, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of August, 1982. ATTEST · CIT~ MANAGER-CLERK/ / ORDINANCE NO. 82/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REVISING THE FUEL COST FACTOR TARIFF SCHEDULE OF DALLAS POWER & LIGHT COMPANY, PROVIDING A PROCEDURE FOR APPROVAL OF PAYMENTS TO AFFILIATES OF DALLAS POWER & LIGHT COMPANY, AND PROVIDING CONDITIONS UNDER WHICH SAID REVISED FUEL COST FACTOR TARIFF SCHEDULE MAY BE CHANGED, MODIFIED, AMENDED OR WITH- DRAWN. WHEREAS, on December 9, 1981, Dallas Power & Light Company filed with the City of University Park an Application and Statement of Intent to amend its fuel cost factor tariff schedule applicable to electric service provided by it within the corporate limits of the City of University Park and proposed that the revised fuel cost factor tariff schedule become effective on January 13, 1982; and WHEREAS, Dallas Power & Light Company, on various occasions amended its proposed effective date postponing same; and WHEREAS, the City of University Park has heretofore suspended the operation and proposed effective date in accordance with Section 43(d) of the Public Utility Regulatory Act; and WHEREAS, the City of University Park, having considered the attached revised fuel cost factor tariff schedule and procedure for approval of payments to affiliates, finds that same should be approved, being the same fuel cost factor tariff schedule and procedure for approval of payments to affiliates heretofore filed with and approved by the Public Utility Commission of Texas in said Commission,s Docket No. 4224; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION 1. That the fuel cost factor tariff schedule of Dallas Power & Light Company is hereby revised in accordance with Exhibit "A" attached hereto and incorporated herein for all purposes and said fuel cost factor tariff schedule set forth in said Exhibit "A" is hereby approved as the fuel cost factor tariff schedule under which Dallas Power & Light Company is authorized to collect charges from its customers for the sale of electric energy within the City of University Park until such time as said fuel cost factor tariff schedule may be changed, modified, amended or withdrawn, with the approval of the Board of Commissioners. SECTION 2. That the procedure for approval of payments to affiliates attached hereto as Exhibit "B" and incorporated herein for all purposes is hereby approved for use and appli- cation in connection with the fuel cost factor tariff schedule approved in Section 1 of this Ordinance. PASSED AND APPROVED this 19th day of August, 1982. ATTEST: ~ , , CITY/MANAGER-CLERK : ORDINANCE NO. 77/328 (AMENDMENT NO. 23) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK. THIS AMENDMENT SUPPLEMENTS SECTION 8-400 OF SAID ORDINANCE BY ADDING SECTION 8-405(11), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ON PART OF BLOCK 2, WALKERS ADDITION, LOTS 1,2,3,4,5,6,7,12,13,14 AND PARTS OF LOTS 8 AND 11, PROVIDING A COMPREHENSIVE SITE PLAN FOR THE DEVELOPMENT. IT ALSO CHANGES THE ZONING ON SAID LOTS FROM MULTIPLE FAMILY-2 DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT, AS PERMITTED BY ARTICLE 8-401(b) OF THE ZONING ORDINANCE. WHEREAS, on August 17, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the applica- tion of Jackson/Chapman, Inc., and recommended to the Board of Commissioners that the requested change in zoning be made with the requirements included herein as "Exhibit A". BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 8-405(11) THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77/328 is hereby supplemented and amended as follows: SECTION I THAT, the zoning on the property known as part of Block 2, Walkers Addition, Lots 1,2,3,4,5,6,7,12,13,14 and part of Lots 8 and 11, is hereby changed from Multiple Family-2 to Planned Development District, and a copy of this amendment shall be attached to the Zoning Ordinance and incorporated herein by reference. SECTION II THAT, the Comprehensive Site Plan of the Planned Development District on the property shall be and the same is hereby approved and attached to this Ordinance and incorporated herein by reference. SECTION III THAT, the building permit to be issued in connection with this Planned Development District shall specifically include the requirements included herein and marked "Exhibit A" and made a part hereof by reference. SECTION IV THAT, a copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development District shall be amended as an Exhibit to the Zoning Ordinance. SECTION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordinance. ORD. 77/528 (AMI). #25) PASSED AND APPROVED this 7th day of September, 1982. ATTEST EXHIBIT "A" The building permit to be issued in connection with this Planned Development District shall specifically include the following requirements. 11. That the PD have stringent fire protection facilities built into it as required by the fire marshal of the City of University Park. That the underground parking security be approved by the chief of police of the City of University Park. That a traffic study be made as to the best manner of ingress and egress at the parking garage; that one or two entrances and exits be studied and the recommendation be a part of the PD. if the traffic study reveals that the best possible configuration on ingress and egress to the parking lot is on Shenandoah, that a lane be provided by the owner, without any use of the present right-of-way for curbs, drives, etc., so that the egressing traffic must make a right turn on Auburndale. That the city, along with the applicant, study the possiblity of putting up stop signs at the various intersections in the area. That the fire marshal request from the Board of Commis- sioners fire lanes on the east side of Auburndale and on the south side of Binkley. That the Environmental Standards Committee approve the material to be used on the outside of the structure. That sufficient fire hydrants be established close to or in/around the planned development for fire protection needs. That a garbage disposal area be provided which is satis- factory to the City of University Park. That the PD be contingent upon the developer working out satisfactory water lines to replace those water lines that are presently in the alley which will have to be abandoned by the City of University Park. That the developer provide easements to the satisfaction of the City of University Park for ingress and egress of water, sewer and other utility uses. ORDINANCE NO. 77/328 (AMENDMENT NO. 24) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING APPENDIX A, ZONING ORDINANCE, BY REPEALING AND DELETING SECTION 9-803 AND ILLUSTRATION NO. 10 THEREOF. BE IT RESOLVED by the Board of Commissioners of the City of University Park, Texas' SECTION I THAT, Appendix A, Section 9-803, of the Code of Ordinances and Illustration No. 10 are repealed and deleted from Appendix A. PASSED AND APPROVED this 7th day of September, 1982. ORDINANCE NO. 77/528 (AMENDMENT NO. 25) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING APPENDIX A, ZONING ORDINANCE, BY AMENDING SECTION 13-103(a), WHICH SAID SECTION DEALS WITH REAR LOT SET-BACKS, AND FURTHER PROVIDING A PENALTY. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO~ISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Appendix A, Section 13-103(a) be amended to read as follows' (a) There shall be a rear yard of not less than three (3') feet, measured from the rear property line, for an accessory building or structure. In residential dis- tricts the main building, ail accessory buildings and all other structures in excess of thirty (30") inches above ground level shall not cover more than fifty (50%) percent of that portion of the lot lying to the rear of the midpoint line of the lot, a' line joining the midpoint of one side lot line to the midpoint of the other side lot line. This fifty (50%) percent factor may be increased only when open space in the form of a side courtyard exists in the building area to the front of the aforementioned bisecting line. The coverage in the rear of the lot may increase by the area of the court yard with a limit of 75% rear lot coverage. Detached garages, carports or other detached structures shall not be closer than six (6') feet to the main build- ing nor nearer than eighteen (18") inches from any side lot line. This six (6') foot space shall not contain any stairs or similar structures. SECTION II THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordi- nance. PASSED AND APPROVED this 7th day of September, 1982. ATTEST' CITY/MANAGER-CLER~ ORDINANCE NO. 82/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 25, CHAPTER 10, REQUIRING VISION CLEARANCE ON CORNER LOTS FOR TRAFFIC PURPOSES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 10 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section to be numbered Section 25, which said section shall read as follows: Section 25. Obstructions - Minimum Sight Line Standards A. It shall be unlawful for any person, firm, or corpo- ration to erect, plant or maintain any fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes, or shrubs in such a position or placed so as to obstruct or interfere with the minimum sight line standards between the elevations of (23') feet and (8') feet above the top of the street curb line as follows: (1) Vision at all intersections where streets intersect at or near right angles within a tri- angular area formed by extending the curb lines to form an intersection and connecting the two points located on said curb lines 35 feet from their intersections. (2) Vision at all intersections of an alley and a street shall be kept free of all obstruc- tions for a distance of 35 feet from the inter- secting points of the street and alley in both directions - left and right as you enter the street from the alley. B. If there are no curbs existing, the future curb lines that will be set by the Engineering Department shall be used for the standard. C. Notice. It shall be the duty of the Chief of Police and Fire, or his representative, to give notice to any person, firm, or corporation in violation of this ordi- nance. The notice shall be in writing and may be served on the person, firm, or corporation, or their agents, by handing it to him in person, by United States Certified Mail, return receipt requested, addressed to such person, firm or corporation, or their agents, at his post office address, or if the same cannot be located and the certi- fied letter is returned by the United States Postal Service, then by publication twice, within 10 consecutive days in a newspaper. D. Upon the failure of said person, firm, or corporation, or agent of same to comply with said notice as set out in paragraph C, within 10 days, the Chief of Police and Fire, or his representative, may file a complaint in the munici- pal court and each and every day shall be a separate offense. E. Upon the written request and authorization of such person, firm, or corporation or their agent, and accep- tance by the City, it shall become the duty of the City to trim or remove, if necessary, such fence, wall, screen, ORDINANCE No 82/19 (continued) billboard, sign, structure or foliage of hedges, trees, bushes, or shrubs. Any and all. costs incurred as a re- sult of action required shall be the responsibility of the said person, firm, corporation or their agent and shall be collected as otherwise provided by this ordi- nance. F. Ail costs for trimming or removing such fence, wall, screen, billboard, sign, structure or foliage of hedges, trees, bushes or shrubs or any part thereof, including costs for mailing of notice and or publication, filing of statement with the County Clerk and interest shall be levied, assessed and collected against such property abutting or upon which such vision obstruction is located. If any owner of such property shall fail to pay the costs so assessed within thirty (30) days after being notified of such costs, the City shall file with the County Clerk of Dallas County, Texas, a statement of said costs signed by the Chief of Police and Fire. The City of University Park, Texas shall have a privileged lien on the property and or the personal obligation of the owner of such property, second only to tax liens, to receive the costs so made and ten percent interest on the amount from date payment is due. For any such costs, and interest, suit may be instituted in the name of the City of University Park, Texas; and the statement of costs, as provided previously, shall be prima facie proof of the costs expanded in such work. SECTION I I THAT, Chapter 1, Section 5, General Penalty and Section 6, Sevarability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 7th day of September, 1982. ATTEST: C~TY MANAGER- ORDINANCE NO. 82/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15' PUBLIC ALLEY LOCATED IN BLOCK 2 OF WALKER'S ADDITION, UNIVERSITY PARK, TEXAS, CONTAIN- ING 4661.55 SQUARE FEET OF LAND. WHEREAS, the Legislature of the State of Texas had delegated to the Board of Commissioners of the City of University Park, the exclusive control and power over the streets, alleys, parks and public grounds and highways in such city, and has delegated to the Board of Commissioners of this city the authority, by ordi- nance, to vacate, abandon and close any street or alley upon receiving a petition from the owner of the property abutting on such street or alley; and WHEREAS, Jackson and Chapman, Inc. owns the property abutting an existing alley contained within Block 2, Walker's Addition, City of University Park, Texas, which is more fully described in Exhibit "A" attachted hereto and Jackson and Chapman, Inc. has petitioned the Board of Commissioners of the City of University Park to vacate and abandon such portion of the alley more fully described in Exhibit "A"; and WHEREAS, the Board of Commissioners of the City of University Park find that it will be beneficial to the people in University Park to vacate and abandon the portion of the alley described in Exhibit "A" and to take whatever action is necessary to confirm the ownership of said abandoned alley to Jackson and Chapman, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: 1. That the existing 15' wide alley contained within Block 2, of said addition, more fully described in Exhibit "A" attached here- to, shall be vacated, abandoned and closed and the City shall execute and deliver a Quit Claim Deed covering such 15' abandoned alley to Jackson and Chapman, Inc. 2. The abandonment provided above shall extend only to the public right, title and interest in and to the above described easement and right-of,way of said alley and it shall be construed only to apply to the interest which the Board of Commissioners of the City of University Park may lawfully abandon, vacate and close, and each conveyance thereof shall be specifically subject to all existing easements, on, over or under the tract of land described in Exhibit "A", including any utility easements that may exist on said property. IT IS FURTHER ORDAINED that a copy of this Ordinance may be filed in the Deed Records of Dallas County, Texas, and in any other manner that may be necessary or appropriate to show the vacation, abandonment or closing of that portion of the alley described in Exhibit "A" attached hereto. PASSED AND APPROVED this 7th day of September, 1982. ATTEST- CITY/ MANAGER-CLERK / ORDINANCE NO. 82/20 (continued) EXHIBIT "A" Description of 15 foot alley contained within Block 2, Walker's Addition, City of University Park, Texas: BEGINNING at 1/2" iron rod set for corner in the south right-of-way line of Binkley Avenue, said point being South 89° 52' 00" West, distance of 185.00 feet from the intersection of said line of Binkley Avenue with the west right-of-way line of Hillcrest Avenue being the northeast corner of a 15-foot wide alley; THENCE, South 00° 07' 34" West, along the east line of said alley, a distance of 160.00 feet to a corner in the south line of an intersecting 15-foot wide alley; THENCE, South 89° 52' 00" West, along the south line of 15-foot alley, a distance of 165.77 feet to its intersection with Auburn- dale Avenue; THENCE, North 00° 03' 24" East, along the east line of Auburndale Avenue, a distance of 15.00 feet to a corner; THENCE, North 89° 2' 00" East, along the north line of 15-foot alley, a distance of 150.77 feet to a corner; THENCE, North 00° 07' 34" East, along the west line of 15-foot alley, a distance of 145.00 feet to a 1/2" iron rod set in the south line of Binkley Avenue; THENCE, North 89° 52' 00" East, along the south line of point of Binkley Avenue, a distance of 15.00 feet to the beginning. CONTAINING, 4661.55 square feet, or .107 acres of land. ORDINANCE NO. 82/21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, MAKING THE TAX LEVY FOR THE YEAR 1982 ON ALL TAXABLE PROP- ERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1982, it is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1982, and not exempted by the Constitution and laws of the State of Texas, an ad valorem tax of thirty cents ($ .50) on each and every one-hundred dollar~ ($100) valuation of such property for the purpose apportioned as follows; (a) $ .50 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and oper- ation of city government and current ex- penses thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code have been accomp- lished. SECTION III THAT, in addition to any statutory exemptions, for the 1982 tax year, the Board of Commissioners authorized a general homestead exemption of forty percent (40%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all Constitutional provisions and laws of the State of T xas that pertain to delinquencies and collection procedures are applicable to the 1982 levy. PASSED AND APPROVED THIS 27th DAY OF SEPTEMBER, 1982. ATTEST · CITY/MANAGER-CLERK ORDINANCE NO. 82/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION t THAT, the City Manager-Clerk as Budget Officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1982, and ending September 30, 1983, under full compliance with budgetary requirements of Article 689, a-13, West's Texas Statutes and Codes. SECTION II THAT, the preliminary budget was filed in the office of the Assistant City Clerk on August 19, 1982, and such filing was thirty (30) days prior to September 30, 1982. SECTION III THAT, a notice of a public hearing for September 27, 1982, at 7'30 p.m. was duly advertised. SECTION IV THAT, $250,000 of the cash carry-over for the budget year shall be transferred to the Surplus Fund, which shall be segregated from all other funds and which may be spent only on a majority vote of the Board. SECTION V THAT, the officially approved copy of this budget of the City of University Park is marked and filed in the office of the Assistant City Clerk. PASSED AND APPROVED THIS 27th DAY OF SEPTEMBER, 1982. C I TY MANAGER - CE-E-R-K / ,/ ORDINANCE NO. 82/24 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTIONS 3 (A)AND (B), WATER RATES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Sections 3 (A) and (B), of the Code of Ordinances, are hereby amended to read as follows' (A) The following water rates are hereby established and shall be collected by the manager of the water works and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: For a 5/8" or 3/4" meter ................. $ 4 20 (2) For a 1" meter ........................... (3) For a Il" meter .......................... (4) For a 2" meter ........................... (5) For a 3" meter ........................... (6) For a 4" meter ........................... (7) For a portable meter ..................... 4 20 5 70 7 20 8 70 13 95 57 90 (B) Each consumer served during the month shall be entitled to the use of three thousand (3,000) gallons of water paid under the minimum rates hereinabove specified. In any billing period, where the water consumed is in excess of the minimum, the rate shall be ninety cents ($0.90) per thousand or any portion thereof, except the rate to be charged Southern Methodist University shall be ninety cents ($0.90) per one thousand (1,000) gallons of water used. SECTION II THAT, the effective date of such increase shall be with the first billing after October 1, 1982. PASSED AND APPROVED this 7th day of September, 1982. ATTEST' CITY M~NAGER-CLERK / 75 ORDINANCE NO. 82/25 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER Il, SECTION 4 A(1)(b) AND A(2)(b) OF THE CODE OF ORDI- NANCES, SEWER SERVICE CHARGES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 11, Section 4 A(1)(b) of the Code of Ordi- nances, is hereby amended as follows' (b) Fifty-five cents ($0.55) per one thousand (1,000) gallons for all water used in excess of two thousand (2,000) gallons up to and including twenty thousand (20,000) gallons used. SECTION II THAT, Chapter 11, Section 4 A(2) (b) of the Code of Ordi- nances is hereby amended as follows: (b) Sixty-seven cents ($0.67) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. SECTION III THAT, the effective date of such increase shall be with the first billing after October 1, 1982. PASSED AND APPROVED this 27th day of September, 1982. CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 26) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK. THIS AMENDMENT CHANGES THE OFFICIAL ZONING MAP AND REZONES FROM SF-5, SINGLE FAMILY, TO C, COMMERCIAL DISTRICT, THE TRI- ANGULAR TRACT OF LAND OUT OF THE OLD COIT ROAD RIGHT-OF-WAY, DESCRIBED AS THE GENERAL AMERICAN OIL COMPANY OF TEXAS RETIREMENT FUND'S PROPERTY. WHEREAS, on September 28, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the application of the General American Oil Company of Texas Retirement Fund, and recommended to the Board of Commissioners that the requested change be made in order to conform with the zoning of the whole area. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. .7/328 is hereby amended as follows' SECTION I THAT, the triangular tract of land, approximately 217 feet by 14 feet, out of the old Coit Road right-of-way, located east of North Central Expressway Frontage Road, between Milton Street and Lovers Lane, described as the General American Oil Company of Texas Retirement Fund's property, is hereby rezoned from SF-3, Single Family, to C, Commercial District. SECTION II THAT, a copy of this amendment shall be attached to the Zoning Ordinance and incorporated by reference. SECTION III THAT, a copy of this amendment shall be referenced in the zoning district map. SECTION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED THIS 22nd DAY OF OCTOBER, 1982. ORDINANCE NO. 77/328 (AMENDMENT NO. 27) AN ORDINANCE AMENDING AND SUPPLEMENTING THE COMPREHEN- SIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK TO PROVIDE A SPECIFIC USE PERMIT ON THE FOLLOWING DE- SCRIBED PROPERTY: EAST 10 FEET OF LOT 1 AND WEST 45 FEET OF LOT 2, BLOCK E, CAMPUS HEIGHTS #2 ADDITION. WHEREAS, Dal-Fed Development Corporation requested a specific use permit to build a SF-A, Single Family-Attached structure on a 2F-2, Two Family lot, known as 3521-23 Rosedale; and WHEREAS, on September 28, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the application of Dal-Fed Development Corporation and recom- mended approval of such specific use permit to the Board of Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is amended and supplemented as follows' TI-MT the specific use permit be approved on the property described as the East 10 feet of Lot 1 and West 45 feet of Lot 2, Block E, Campus Heights #2 Addition, subject to the following: (1) That the structure thereafter shall comply with the terms of the specific use permit; (2) That the official zoning map be changed to reflect the specific use permit number S-5; (3) That the appendix listing of specific use permits be amended by adding the following: SPECIFIC USE PERMIT NUMBER S-5 SECTION II TYPE OF USE Single Family- Attached structures THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED THIS 22nd DAY OF OCTOBER, 1982. Y MANAGER-CLERK ORDINANCE NO. 82/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE ll0B, RE- VISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING TIJAT SUCH RIGHTS SF~LL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRE- SCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, pursuant to the provisions of Sections 62.105 and 64.202 of Subtitle G of Title ll0B, Revised Civil Statutes of Texas, 1925, as amended, which Subtitle shall herein be referred to as the "TMRS ACT", the City of University Park, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System: (a) Each person who becomes an employee of any participating department of this City and who is not already a member of the Texas Municipal Retirement System shall become a member of the System as a condition of employment, provided such person is then under sixty (60) years of age; (b) Any member, after one (1) year from the effective date of his or her membership in the System, shall be eligible for service retirement if he or she has attained the age of fifty (50) years and has completed twenty-five (25) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under Section XX of former Article 6243h, Vernon's Texas Civil Statutes, or if he or she has attained the age of sixty (60) years and has com- pleted at least ten (10) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under Section XX of said former Article 6243h; (c) The membership of any person who has completed at least ten (10) years of creditable service with participating munici- palities that have authorized eligibility under Section 64.202 of the TMRS Act (or under Section XX of said former Article 6243h) shall not terminate because of absence from service; and (d) Any person who is an employee of a participating depart- ment of this municipality at the effective date of this ordinance, but who at the date of his or her employment was under sixty (60) years of age but did not become a member of Texas Municipal Retire- ment SYstem because he or she was then above the maximum age then prescribed by law for initial membership in the System, shall become a member of the System at the effective date of this ordinance, unless he or she has already become a member under other provisions of the governing Act, and shall be allowed prior service credit for each month of creditable service performed for this municipality subsequent to the date such person was precluded from membership and prior to the effective date of his or her membership. Such prior service crddit shall be calculated using the same percentage of base prior service credit as was most re- cently used in c~lculating prior service credits or updated service credits in said System for current member employees of this City. SECTION II The rights, credits, and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this ordinance pursuant to the TMRS Act. SECTION III This ordinance shall become effective on the first day of December, 1982, provided that it has previously been determined by the Actuary for the System that all obligations of the City to the municipality accumulation fund, including obligations hereby undertaken, can be funded by the City within its maximum contribution rate and within its amortization period. PASSED AND APPROVED THIS 22nd DAY OF OCTOBER, 1982. ATTES / ., , CITY ~ANAGER-CLERK / ORDINANCE NO. 82/27 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING HEALTH RULES ON FOOD SERVICE SANITATION IN ACCORDANCE WITH THE 1978 EDITION OF THE TEXAS DEPARTMENT OF HEALTH'S "RULES ON FOOD SERVICE SANITATION", WITH THE EXCEP- TION THAT THIS ORDINANCE INCLUDES RETAIL FOOD MARKETS; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 6 of the Code of Ordinances of the City of University Park is hereby amended by adding Section 3, Health Rules on Food Service Sanitation, which said section shall read as follows: Section 3. RULES ON FOOD SERVICE SANITATION A. DEFINITIONS For the purpose of this ordinance, the words and phrases used herein shall have the following meanings: (1) Food Service Establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place whether or not there is a charge for the food. The term as used within this ordinance shall also refer to retail food stores. (2) Person In Charge means the individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge. (3) Retail Food Store is any establishment where food and food products are offered for sale to the ul- timate consumer and intended for off-premise con- sumption. Such food or food products may be expected to vary in degrees of preparation and may often need further preparation or processing after it has been purchased. In this ordinance, the term will be included when referring to food service establishment. B. REGULATION Additional definitions; the inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibition of sale of unsound or mislabeled food or drink; and the enforce- ment of this ordinance shall be regulated in accordance with the 1978 edition of the Texas Department of Health's "Rules on Food Service Sanitation", one copy of which shall be on file in the office of the Assistant City Clerk of the City of University Park. C. REGULATORY AUTHORITY The regulatory authority is the Utili'ty Office of the City of University Park, or its designate the Dallas County- wide Environmental Health Department, or authorities having jurisdiction over food service establishments and defined by 84 ORDINANCE NO. 82/27 (continued) the Commissioner of Health of the State of Texas. However, in all cases where references are made to licenses, permits, or hearings, the location is the City of University Park City Hall. D. ISSUANCE OF PERMITS, LICENSES, OR CERTIFICATES Any person desiring to operate a food service establish- ment shall make written application for a permit, license, or certificate on forms provided by the regulatory authority. Prior to approval of an application, the regulatory authority shall inspect the proposed food service establishment, and if such inspection reveals that the establishment complies with requirements of this ordinance, the regulatory authority shall issue the permit, license, or certificate to the inspected food service establishment. E. REQUIRED POSTING No person shall operate a food service establishment with- out having a valid permit, license, or certificate issued to him/her by the regulatory authority. Only a person who complies with the requirements of this ordinance shall be entitled to receive or retain such a permit, license, or certificate. Per- mits, licenses, or certificates are not transferable. A valid permit, license, or certificate shall be posted in every food service establishment. F. SUSPENSION OF PERMIT, LICENSE, OR CERTIFICATE The regulatory authority may, without warning, notice, or hearing, suspend any permit, license, or certificate to operate a food service establishment, if the holder of the permit vio- lates the requirements of this ordinance in a manner which the regulatory authority finds to be an immediate health hazard to the patrons of said establishment or the community. The regu- latory authority may require an immediate cessation of food services operations by serving a written notice to that effect upon the permit holder or the person in charge of the premises. If the holder of the permit, license, or certificate desires an immediate hearing on the required cessation of food service operations he may appeal to the City Manager of the City of University Park, or his designee, who will conduct such hearing on the next business day after the appeal has been filed. At such hearing, the City Manager or his designee may: (a) Uphold the decision of the regulatory authority; or Delay enforcing the decision of the regulatory authority pending a formal hearing as herein- after described; or (c) Take such other action as he deems appropriate under the facts of said case. If the holder of the permit, license, or certificate desires to appeal the decision of the City Manager, he may follow the following procedure' An opportunity for a hearing before the Board of Com- missioners will be provided if a written request for hearing is filed with the City Manager by the holder of the permit, license, or certificate within ten (10) days after the decision of the City Manager or his designee. If a written request is received within the ten-day period, the holder of the permit, license, or certificate shall be afforded an opportunity for a hearing within twenty (20) days of the receipt of the request. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for the suspension no longer exist. ORDINANCE NO. 82/27 (continued) G. REVOCATION OF PERMIT, LICENSE, OR CERTIFICATE The regulatory authority may revoke a permit, license, or certificate for serious or repeated violations of any of the requirements of this ordinance or for interference with the regulatory authority in the performance of duty. Prior to revocation, the regulatory authority shall notify, in writing, the holder of the permit, license, or certificate or the person in charge, of the specific reason(s) for which the permit, license, or certificate is to be revoked and that revocation will become final at the end of 10 days following service of such notice, unless a written request for hearing before the Board of Commissioners is filed with the regulatory authority by the holder of the permit, license, or certificate within 10 days. If a written request is filed, the opportunity for a hearing will be afforded within the following 20 days. Whenever a revocation of a permit, license, or certificate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate. H. SERVICE OF NOTICES A notice provided for in this ordinance is properly served when it is delivered to the holder of the permit, license, or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the regulatory authority. I. HEARINGS The hearing provided for in this ordinance shall be con- ducted by the Board of Commissioners at a time and place desig- nated by it. An oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make pro- vision for sufficient copies of the transcript. The regulatory authority shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the per- mit, license, or certificate by the regulatory authority. J. ACCESS AND INSPECTION FREQUENCY Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this ordinance, and such inspections shall be performed once every four (4) months or as often as necessary for enforcement of this ordinance. K. REPORT OF INSPECTIONS Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the in- spection report form set out in Section 301.73.011(f) of the "Rules on Food Service Sanitation" The inspection report form shall summarize the requirements of this ordinance and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the corrections to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The form shall specify a reasonable period of time for the correction of any violations found, and correction of the violations shall be accomplished within the period specified. The completed inspection report form is a public document that, according to law, shall be made available for public disclosure to any person who requests it. ORDINANCE NO. 82/27 (Continued) L. NON-COMMERCIAL EQUIPMENT Any non-commercial equipment, i.e. home appliances, in use at a food service establishment prior to the adoption of this ordinance may continue to be used through its remaining life or until ownership of the food service establishment changes. M. SUBMISSION OF CONSTRUCTION, REMODELING, OR CONVERSION PLANS No food service establishment shall be constructed, exten- sively remodeled or converted, involving an expenditure in excess of one thousand dollars ($1,000), without the review and approval of the regulatory authority. Properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling, or conversion begins. The regulatory authority shall inspect the food service establishment prior to the start of operations to determine compliance with the approved plans and specifica- tions and with the requirements of this ordinance. N. EFFECTIVE DATE OF ORDINANCE This ordinance shall be in full force and effect after its official adoption by the Board of Commissioners of the City of University Park and after publication as provided by law. SECTION II PERMIT FEE An annual fee of $75.00 will be collected from each food service establishment for the initial permit and thereafter for the renewal of such permit. SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this the 1st day of November, 1982. ATTEST: ! / -- / ~ CITY MANAGER-CLERK ORDINANCE NO. 82/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS PROVIDING TWO-HOUR PARKING ON THE EAST SIDE OF THE 6000 BLOCK OF KEY STREET, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, in accordance with Chapter 10, Section 12A. of the Code of Ordinances of the City of University Park, Texas, the following action is taken' Parking time is limited to two hours on the following street from 8:00 a.m. until 4'00 p.m., Monday through Friday, excepting legal holidays' STREET BLOCK SIDE EXTENT Key 6000 East Entire block SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 18th day of November, 1982. ORDINANCE NO. 82/29 AN ORDINANCE TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, all employees of the City of University Park, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of 7% of their individual earnings. However, this rate shall not be applied to earnings in excess of the maximum earnings subject to retirement deductions as fixed by ordinance. SECTION II THAT, this ordinance shall become effective on the 1st day of January, 1983. PASSED AND APPROVED this 18th day of November, 1982. ,r.~'~ ~ MAYOR ATTEST: \ ~~ CITY/~/ANAGER-CLERK / ORDINANCE NO. 82/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK GRANTING A LICENSE TO WARNER AMEX CABLE COMMUNICATIONS, INC., WHICH AMENDS AND SUPERSEDES ORDINANCE NO. 82/9, TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC PROPERTY ALONG LOMO ALTO DRIVE AND IN ALLEYS AND STREETS SER- VING SECTIONS OF COLGATE, GREENBRIER, BRYN MAWR, LOVERS LANE AND PRESTON ROAD, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED, FOR THE PURPOSE OF INSTALLING AND MAINTAINING CABLES IN ORDER TO BRING CABLE TV SERVICE TO SEGMENTS OF DALLAS, TEXAS; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LI- CENSE; PROVIDING FOR THE ANNUAL COMPENSATION TO BE PAID TO THE CITY OF UNIVERSITY PARK; PROVIDING FOR PAYMENT OF THE PUBLICATION FEE; AND PROVIDING FOR THE EFFECTIVE DATE OF THI:S LICENSE AND ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK: SECTION I THAT, a license is hereby granted to Warner Amex Cable Communications, Inc., hereinafter referred to as'"Grantee" to occupy, maintain and utilize the following described public property in the City of University Park and County of Dallas, Texas, and described as follows: .Area 1 - Beginning at the southwest corner of Druid Lane and Lomo Alto Drive, the corporate lines of the City of Dallas and City of University Park; thence in a northerly direction a distance of 885 feet, parallel to and located behind the west curb of Lomo Alto Drive; said TV cables to be buried to a depth of twenty-four (24") inches. Area 2 - Beginning at the intersection of the east right-of-way line of Airline Road and the alley between Colgate Avenue and Caruth Boulevard; thence along the north right-of-way line of the alley in an easterly direction to the east right-of-way line of Durham Street having a length of 820 feet utilizing Dallas Power & Light Company utility poles. Area 3 Beginning at the intersection of the east right-of-way line of Durham Street and the alley between Caruth Boulevard and Greenbrier Drive; thence in a southerly direction along the east right-of-way line of Durham Street to the south right-of-way line of the alley between Greenbrier Drive and Southwestern Boulevard; thence in an easterly direction in the alley to the west right-of-way line of Boedeker Street; thence in a southerly direction along the west right-of-way line of Boedeker Street to the alley between Southwestern Boulevard and Bryn Mawr Drive and having a total length of 1,865 feet utilizing Dallas Power & Light Company utility poles. Area 4 - Beginning at the intersection of the east right-of-way line of Boedeker Street and the alley between Bryn Mawr Drive and Hanover Street; thence in an easterly direction along the south right-of-way line of the alley to the east right-of-way line of Willard Street; thence along the east right-of-way line of Willard Street in a southerly direction to the alley between Amherst Street and Lovers Lane; thence along the north right-of-way line of the alley in a westerly direction to the east right-of-way line of Boedeker Street having a total length of 3,633 feet utilizing Dallas Power & Light Company utility poles. ORDINANCE NO. 82/30 (Continued) Area 5 Beginning at the intersection of the east right-of-way line of Willard Street and the alley between Amherst Street and Lovers Lane; thence in a southerly direction along the east right-of-way line of Willa~d Street to the alley be- tween Lovers Lane and Westminister Street; thence in an easterly direction along the north right-of-way line of the alley for a distance of 251 feet, having a total length of 647 feet, utilizing Dallas Power & Light Company utility poles. Area 6 Beginning at the intersection of the east right-of-way line of Douglas and the alley north of Colgate Avenue; thence in an easterly direction along the south right-of-way line of the alley to the west right-of-way line of Westchester Drive having a total length of 600 feet utilizing Dallas Power & Light Company utility poles. Area 7 Beginning at the intersection of the west right-of-way line of Preston Road and Northwest Highway; thence in a southerly direction along the west right-of-way line of Preston Road to a point 152.8 feet south of Sherry Lane having a total length of 1262.8 feet utilizing Dallas Power & Light Company utility poles. SECTION II THAT, this license is granted for a term of fifteen (15) years unless sooner terminated according to other terms and provisions herein contained. SECTION III Grantee shall pay to the City of University Park the sum of Two Thousand Six Hundred Seventy One and 02/100 ($2,671.02) Dollars annually for the license herein granted, said sum to become due and payable on the 2nd day of January of each year in advance, during the term hereof. Such consideration shall be in addition to and exclusive of any other taxes or special assessments required by law to be paid by Grantee. Ail sums payable to the City of University Park hereunder shall be paid to the Director of Finance of the City of University Park. SECTION IV THAT, the above described property shall be used by Grantee for the following purpose under the direction of the Director of Public Works of the City of University Park to install and main- tain cables for use in Cable TV operations in Dallas, Texas only. No cable installed pursuant to this license shall be used for servicing University Park, Texas. SECTION V THAT, the above described area is granted subject to the following conditions, terms and reservations' (a) That at such time as this license is terminated or cancelled, for any reason whatsoever, Grantee shall remove all improvements and appurtenances owned by it situated in, on, over, under or attached to the hereinabove described area, and shall restore the premises in accordance with the requirements of the Director of Public Works at the sole cost of Grantee. In the event Grantee shall fail to comply with said orders issued by City, or such work is not done to the satisfaction of the Di- rector of Public Works, then in either event the City shall have the right to do all work necessary to restore said area as aforesaid, or cause such work to be done, assess the cost of all such work against Grantee and the City of University Park shall in no case be liable to Grantee on account thereof. ORDINANCE NO. 82/50 (Continued) (b) This license is made subordinate to the right of the City to use said area for a public purpose, and in addition to any other reservations, made herein, it is understood and agreed that should the City of University Park deem it in the public interest to use the above area, or any portion thereof for a public purpose, or for any utility service which will require the use of said area, then and in that event, the City of University Park shall give Grantee 180 days' written notice of its intention to cancel this license. Grantee shall like- wise have the same right of cancellation upon giving the City of University Park 180 days' written notice of its intention to cancel, and in either event upon the termination or cancel- lation by 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 Sub- section (a) above. Ail work shall be done at the sole cost of Grantee and to the satisfaction of the Director of Public Works. The decision of the Governing Body of the City in this matter shall be final and binding upon all parties insofar as the City's determination as to the public necessity of the use of said area for public use. (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, 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 above described area, and/or any of Grantee's installations and improvements thereon, any modifications, construction, reconstruction or change in connection with said area and/or improvements,located thereon, shall be done at the sole expense of Grantee and to the satisfaction of the Director of Public Works. (d) It is understood and agreed, and a condition hereof, that Grantee shall at all times during the term hereof, carry public liability insurance against personal injury and property damage with a company authorized to do business in the State of Texas and satisfactory to the City of University Park, protecting the City of University Park against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Grantee of the hereinabove described area and Grantee's improvements and equipment in connection therewith and located therein. Said insurance shall be in amounts of not less than: $300,000.00 - Bodily Injury or Death, Per Occurrence $100,000.00 - Property Damage, Per Occurrence 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 be an endorsement to the effect that no cancellation will be effective without first giving ten (10) days' written notice to the City of University Park, Texas. In the event Grantee shall allow said insurance coverage to lapse during the term hereof, then this license shall automatically be cancelled and terminated. (e) This license is subject to all State laws and the Ordinances of the City of University Park now in effect or those which may hereafter be passed and adopted. The City of University Park shall have the right to increase or decrease the compensation to be charged for the use contemplated by this grant. (f) The Governing Body of the City of University Park re- serves the right at any time, for good and sufficient reason, to terminate and cancel this license, in accordance with the terms and conditions hereof, by resolution duly passed by said Governing Body, and all rights granted hereunder shall thereupon be considered fully terminated and cancelled and the City of University Park shall not be held liable by reason thereof. Said resolution shall be final and shall not be subject to review by the Courts. ORDINANCE NO. 82/30 (Continued) (g) As a condition hereof, Grantee agrees and is bound to 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 the above described public property by Grantee, or from any act or omission of any representative, agent, customer and/or employee of Grantee. This agreement shall also cover any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of Grantee's use of said license or Grantee's improvements and equipment located thereon. Grantee shall never make any claim of any kind or character whatsoever against the City of University Park for damages that it may suffer by reason of the installation, construction, recon- struction, operation and/or maintenance of any public improvement or utility, whether presently in place or which may in the future be constructed or installed, 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, back- flow and/or seepage caused from the failure of any installation, natural causes or from any other cause of whatsoever kind or nature. It is the intention of this indemnity agreement on the part of Grantee, and a condition of this license, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the City of University Park by reason or as a consequence of having granted permission to Grantee to use and maintain the above described public property. Grantee hereby agrees to defend any and all suits, claims or causes of action brought against the City of University Park on account of same, and discharge any judgment or judgments that may be rendered against the City of University Park in connection therewith. SECTION VI Grantee shall pay the fee for publishing this ordinance. SECTION VII Grantee shall accept the provisions of this ordinance by filing acceptance in writing with the City Secretary of the City of University Park within thirty (30) days after this ordinance shall have become fully effective. In the event said acceptance, in writing, is not filed as provided for herein, then this license shall be of no further effect and shall be considered as having been cancelled fully. SECTION VIII This Ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 18th day of November, 1982. ATTEST: \ - C I~ANAGER- CLERK / ORDINANCE NO. 82/31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING A FIRE LANE ON THE NORTH SIDE OF THE 5000 BLOCK OF EAST BINKLEY AVENUE AND PROVIDING A PENALTY THEREOF. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 12A. of the Code of Ordinances of the City of University Park, Texas, the following action is taken: A fire lane is enacted on the following street' Street Block Side East Binkley 3000 North Avenue Extent From the intersection of East Binkley and Airline Road 190'feet East. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 6th day of December, 1982. CITY ~ANAGER-CLERK / / ORDINANCE NO. 77/328 (AMENDMENT NO. 28) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK. THIS AMENDMENT SUPPLEMENTS SECTION 8-400 OF SAID ORDI- NANCE BY ADDING SECTION 8-405(12), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ON PART OF BLOCK 2, WALKERS ADDITION, LOTS 9 AND 10 AND PART OF LOTS 8 AND 11, PROVIDING A COMPREHENSIVE SITE PLAN FOR THE DEVELOPMENT; IT ALSO CI-~NGES THE ZONING ON SAID LOTS FROM MULTIPLE FAMILY-2 DISTRICT TO PD, PLANNED DEVELOPMENT DISTRICT, AS PERMITTED BY ARTICLE 8-401(b) OF THE ZONING ORDINANCE. WHEREAS, on November 30, 1982, the Planning and Zoning Commission of the City of University Park held a public hearing on the application of Lawrence and Adrianne Stanton, and recom- mended to the Board of Commissioners that the requested change in zoning be made with the requirements included herein as "Exhibit A" BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 8-405(12) THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77/328 is hereby supplemented and amended as follows: SECTION I THAT, the zoning on the property known as part of Block 2, Walkers Addition, Lots 9 and 10 and part of Lots 8 and 11, is hereby changed from Multiple Family-2 to Planned Development District, and a copy of this amendment shall be attached to the Zoning Ordinance and incorporated herein by reference. SECTION II THAT, the Comprehensive Site Plan of the Planned Develop- ment District on the property shall be and the same is hereby approved and attached to this Ordinance and incorporated herein by reference. SECTION III TINT, the building permit to be issued in connection with this Planned Development District shall specifically include the requirements included herein and marked "Exhibit A" and made a part hereof by reference. SECTION IV THAT, a copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development Dist- rict shall be amended as an Exhibit to the Zoning Ordinance. SECTION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordinance. ORDINANCE NO. 77/328 (AMENDMENT NO. 28) Cont. PASSED AND APPROVED this 20th day of December, 1982. ATTEST "EXHIBIT A" The building permit to be issued in connection with this Planned Development District shall specifically include the following requirements' o That all plans for construction of the condominium development be made part of this ordinance by reference. That the external walls be 100% brick. o That the development meet all fire protection codes. That the garbage collection provisions be approved by the city sanitation department. That the legal notice for the hearing before the Board of Commissioners specify that the present development plan is different than the previous plan because it provides for the demolition of the old homestead. ORDINANCE NO. 83/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 4A(1) OF THE CODE OF ORDINANCES, SEWER SERVICE CHARGES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 4A(1) of the Code of Ordinances, is hereby amended as follows: (1) The sewer charge for each single-family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (a) All sewer charges are based on the use of water passing through the water meter. (b) Any duplex or multi-family dwelling, which is served by a single water meter, shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multi-family dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single-family dwelling. (d) There shall be a five ($5.00) dollar minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of 2,000 gallons per month shall be billed at fifty-five ($.55) cents per month per unit for the sewer fee. However, no sewage charge shall be billed for an excess of twenty thousand (20,000) gallons of water used per month for any one dwelling unit. (f) Such sewer usage fee shall be billed on the average water usage of November, December and January of the preceding year and the rates will be adjusted for the March billing of each subsequent year. (g) The manager of the water department will make estimates in those situations where the aver- age water consumption cannot be determined because of dead meters, estimation of reads, and other related problems. If the consumer feels that such estimates made by the manager of the water department are incorrect, he may appeal the estimated reading to the City Manager and ultimately the Board of Commissioners. SECTION II THAT, all other articles of ~ection 4(A) of the Code of Ordinances remain as written. ORDINANCE NO. 85/1 (Continued) PASSED AND APPROVED this 3rd day of January, 1983. ATTEST: CITY/MANAGER-CLERK / ORDINANCE NO. 83/2 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, OF THE CODE OF ORDINANCES BY ADDING SECTION 1, PARAGRAPH C, ITEM 29, REGULATING MINIMUM STANDARDS OF FIRE RESISTANT CONSTRUC- TION AND FIRE RESISTIVE MATERIALS OF ALL GROUP OCCUPANCIES, EXCEPT GROUP R, AND M, REGARDLESS OF FLOOR AREA OR HEIGHT OF BUILDING AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 3, of the Code of Ordinances of the City of University Park, Texas, is hereby amended by adding Section 1, Paragraph C, to be numbered Item 29. This shall change the provisions of Table 5-C, Chapter 5 of the 1976 Uniform Build- ing Code as follows: Item 29. Minimum fire resistive standards regulating construction and fire resistive materials of all group occupancies, except Groups R, and M. The structural elements, ceilings, walls and permanent partitions of all new, repaired or improved, group occupancies, except Group R and M, shall be a minimum one hour fire resis- tive construction. Ordinary wood shall not be permitted in use of construction, except as trim. Fire retardant treated wood may be used as accepted by the Fire Marshal and Building Official. PASSED AND APPROVED this 3rd day of January, 1983. ATTE ST' CITY M~NAGER- CLERK ORDINANCE NO. 83/3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES BY REPEALING AND DELETING SECTION 9 WHICH PROVIDED MATERNITY BENEFITS FOR WOMEN EMPLOYEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT the entire Section 9 (Employee Maternity Benefits) of Chapter 8 is hereby repealed and deleted from the Code of Ordinances of the City of University Park. PASSED AND APPROVED this 3rd day of February, 1983. C I TY~4ANAGER- C LE'RK, / / ORDINANCE NO. 83/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 5, ADMINISTRATIVE ORGANIZATION STRUCTURE, AND CHAPTER 9, SECTION l(E)(3), CHIEF OF POLICE DUTIES, ALL IN THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 8, Section 5, of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' Section 5. Administrative Organizational Structure of City For the purpose of this Code and Article 1161, West's Texas Statutes and Codes, the following departments, offices, or positions are created. Ao There shall be the offices of the city attorney, municipal judge, health officer, and city manager- clerk, all. of whose occupants shall be appointed by a majority vote of the Board of Commissioners. The city attorney and the city manager-clerk shall be appointed for an indefinite period of time. The municipal judge and the health officer shall be appointed for a term of two (2) years, coter- minous with the term of the Board of Commissioners. The appointed officials shall be subject to dis- charge at the will of the governing body. In accordance with Article 1200, West's Texas Statutes, the city manager-clerk is the administrative head of the municipal court clerk's office and shall appoint a chief deputy court clerk and other deputy court clerks as necessary to carry out the duties as pre- scribed in Article 1200. There shall be three (3) departments, namely the department of public works, finance department, and the public safety department. Each department shall be supervised by a director who shall be appointed and removed by the city manager-clerk with the advice of the governing body. D o The department of public works shall be divided into divisions, namely administrative services, sanitation, building, engineering, parks, streets, utilities, traffic, and parks. All of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager- clerk or his designate. The finance department shall be divided into divisions, namely purchasing, computer, accounting, treasury, tax, and utility office. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such super- visors shall be appointed by the city manager-clerk or his designate. 101 ORDINANCE NO. 83/4 (Continued) Ho The public safety department shall be divided into divisions, namely fire, police, and animal control. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager-clerk or his designate. Ail employees, below the rank of department heads and supervisors of the divisions, shall be appointed by the city manager-clerk or his designate. The total number of employee positions shall be approved each budget year by the Board of Commissioners. The city manager-clerk, chief of police and fire, director of finance, deputy tax assessor-collector, and director of public works, before entering upon their duties of office, shall execute a good and sufficient surety company bond, in such amount as the Board of Commissioners may demand, payable to the City of University Park, and conditioned for the faithful performance of the duties of office, the premium of such bond to be paid by the city. Ail other employees shall be covered by a blanket surety bond in the minimum amount of two thousand five hundred dollars ($2,500.00) conditioned on faithful performance, and such bond is to be paid by the city. SECTION II THAT, Chapter 9, Section i(E) (3), of the Code of Ordinances, City of University Park, Texas, is amended to read as follows: (3) Duty to Provide a Court Baliff The chief of police shall provide a court baliff for the municipal court while it is in session. Such baliff shall provide for decorum during the court sessions and shall assist the municipal court judge and municipal court clerk, or deputies, to carry out their assigned tasks. SECTION III THAT, all other sections of Chapters 8 and 9 not amended by this ordinance remain intact. PASSED AND APPROVED this 17th day of February, 1983. ORDINANCE NO. 77/328 (AMENDMENT NO. 29) AN ORDINANCE OF THE CITY OFiUNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING APPENDIX A, ZONING ORDI- NANCE, BY AMENDING SECTIONS 8-101 USE CHART, 8-600 A. (28) AMUSEMENT, COMMERCIAL (INDOORS), 9-102(a) MINIMUM LOT AREA-RESIDENTIAL, 9-102(b) MINIMUM LOT AREA NON-RESIDENTIAL, 9-201(a) MINIMUM LOT WIDTH FOR SF-1, 9-502(k) CIRCULAR DRIVES, 9-502(n) DOUBLE FRONTAGE LOTS, 9-802.4 LOCATION OF REQUIRED PARKING, ll-101(e) SINGLE FAMILY-ATTACHED, 11-106 TO BE DELETED, AND 21-101.36 PARKING SPACES, OFF-STREET; AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended or supplemented to read as follows' SECTION 8 8-101 That the Use Chart designated in 8-101 be changed to indicate that the "S" placed under SF-1 be removed and the blank under 2F-1 be marked as a designated use and that all other "S" uses under 2F-2, MF-1, MF-2, MF-3, UC, O, FR, RC, SC and PD be changed from "S", Specific Use Permit, to a designated use permitted in the district. 8-600 A.(28) Amusement, Commercial (Indoors). An amusement enterprise wholly enclosed in a building which is treated accoustically so that noise generated by the enterprise is not perceptible at the bounding property line and including but not limited to a bowling alley, billiard parlor, or video games. SECTION 9 9-102(a) That in the minimum lot area description in this section, SF-A dwellings have the number 5,000 under the 2F-1 (two family dwelling-l) designation. 9-102(b) That under the scheduled minimum lot areas for non- residential districts, the figure under MF dwellings, one to two and one half stories of type use be changed to 1,800 under the PD District. 9-201(a) SF-1 dwellings shall have minimum lot width of 35 feet. 9-502(k) Supplementary parking on circular access drives, not including the required parking, may be permitted in the required front and side yard providing such drives con- tain two or more curb openings or approaches, are de- signed or constructed to provide free, unrestricted ingress and egress to such drives and contain no dead- end, head-in or other parking areas that require maneuvering of a vehicle to negotiate or utilize. (See the parking standards as promulgated by the Director of Public Works). Such drive shall be con- structed with an inner radius, or curve, or similar configuration located a minimum of three feet from any adjacent or associated property line. ORDINANCE NO. 77/328 (AMENDMENT NO. 29) Continued Curb opening or approaches granting access to circular drives shall not be less than 10 feet, nor more than 12 feet in width measured at the property line and such curb openings or approaches shall be separated by a minimum distance of 20 feet measured between radius points of approaches. The total area of circular access drives on private property shall not exceed 60% of the front or side yard in which it is located and shall be covered by a permanent impermeable surface such as con- crete or asphalt. No portion of unpaved surface in the front and side yard may be used for parking, driving or storage of vehicles. Drives granting access to garages or carports not facing the street on the front of a residence or access to garages or carports located behind the front building line not facing the street, shall be permitted providing such drives are covered by an impermeable surface such as concrete or asphalt, contains only a single curb opening or approach not exceeding 15 feet in width measured at the property line and providing such drive- ways are designed and constructed to provide direct entry to such garages or carports except as permitted for circular driveways as denoted above. (See also Chapter 3, Sections 5 and 6, Code of Ordinances). 9-502(n) Where lots run through from one street to another and have double frontage, the required front yard shall be provided on both streets unless the building line for accessory buildings has been established along one street by ordinance, approved plat, orby usage, in which event, only one required front yard shall be observed. 9-802.4 Location of required parking. Only parking spaces located on private property may be considered as meeting off-street parking requirements. In residential districts, only off-street parking behind the front building line shall be considered in determining required parking. SECTION 11 ll-101(e) SF-A, Single Family Attached Dwelling District, two (2) spaces for each dwelling unit. 11-106 That Section 11-106 be deleted. SECTION 21 21-101.36 Parking spaces, off-street. An enclosed or unenclosed all weather service area of not less than 180 square feet (measuring approximately 9 x 20 feet) not on a public street or alley, together with an all weather surface driveway connecting the parking space with the street or alley, permitting free ingress and egress without encroachment on the street or alley. Any parking adjacent to a public street wherein the maneuvering is done directly on the public street shall not be classified as off-street parking in computing the parking requirements for any use, and no parking space on a circular or any entrance drive in front of the required building line in any residential district shall be considered as meeting the off-street parking re- quirements. Please note the cross-reference to Chapter 3, Section 20 of the Code of Ordinances in regard to park- ing standards and requirements). ORDINANCE NO. 77/328 (AMENDMENT NO. 29) Continued THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 10th day of March, 1983. ATTE ST b~. CITY ~MANAGER-CLERK ' ORDINANCE NO. 85/5 AN ORDINANCE OP THE CITY OF UNIVERSITY PARK, TEXAS ELIMINATING THE TWO-HOUR PARKING RESTRICTION ON THE 5900 AND 6000 BLOCKS OF KEY STREET, WEST SIDE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, the two-hour parking limitation placed on the 5900 and 6000 blocks of Key Street, west side, by ordinance dated January 7, 1963, is hereby repealed. PASSED AND APPROVED this 10th day of March, 1983. ATTEST ORDINANCE NO. 85/6 AN ORDIANNCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER III, SECTION 6, OF THE CODE OF ORDINANCES, CIRCU- LAR DRIVEWAYS AND FRONT PARKING SPACE REQUIREMENTS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 3, Section 6, of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: Section 6' Circular Driveways and Front Parking Space Requirements. Parking on circular driveways may be permitted in the required front and side yards providing, however, that such parking does not constitute the required parking required under the Zoning Ordinance. Such driveways must contain two (2) or more drive access openings or curb openings designed or con- structed to provide free, unrestricted ingress and egress to such drives and contain no dead-end or head-in parking areas that require maneuvering of a vehicle to negotiate or to uti- lize. Such driveways shall be constructed with an inner radius, arc, or curve, or similar configuration located a minimum of three (3') feet from any adjacent or abutting property line. Curb openings or drive access approaches granting access to such circular driveway shall not be less than ten (10') feet nor more than twelve (12') feet in width measured at the pro- perty line and such curb openings or approaches shall be separated by a minimum distance of twenty (20') feet measured between radius points of approaches. The total area of cir- cular driveways or hard surfaced parking areas and sidewalks in the required front and side yards shall not exceed sixty (60%) percent of the total yard area in which such driveway or parking space is located and shall be covered by a per- manent impermeable surface such as concrete or asphalt. No unpaved surface in the front or side yard may be used for parking or storage of vehicles. NOTE' (1) Illustration of the procedures described above will'be designated in the Parking Standards available in the Building Department. (2) See, also, Zoning Ordinance, Section 9-502 (k) . SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 10th ~aa~-~bf- March, 1983. / ATTEST' ORDINANCE NO. 83/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER I, SECTION 19(I)(2) AND (3), SWIMMING POOL REGULATIONS, DEFINING USE OF POOLS AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS:: SECTION I THAT, Chapter I, Section 19(1)(2), of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: (2) fK~ho May Use Pools (a) Qualified residents of the City of University Park. (b) Non-residents who own real estate located in the City of University Park, Texasl (c) Non-residents of the City of University Park who own real estate and reside in those areas within the City of Dallas which are included in the Highland Park Independent School District. (e) Students and teachers, sixteen (16) years and above, who are enrolled or working in day care centers located within the city limits of the City of University Park. (f) Members of any swim team, who have been approved by the Board of Commissioners, using the pool as a practice area. (g) Members of the immediate families and bona fide guests of the persons described in (a), (b), and (c) above. SECTION II THAT, Chapter I, Section 19(I)(3), of the Code of Ordinances of the City of University Park, Texas, is hereby amended as follows: (5) Permits (a) Fees Ail qualified residents of University Park or non- resident owners of property, six (6) years of age or older upon making application, in person or his authorized representative, to the office of the business manager of the utility department, may secure annual permits (tags) to swim in the pools. The charge for these permits shall be sixteen dollars ($16.00) per person, except those designated in (2) (c) and (f) above, shall pay thirty-two dollars ($32.00). If an immediate family of five (5) or more, purchases more than four (4) tags at one time, all tags in excess of four (4) shall be sold at eight dollars ($8.00) each. (II) Ail day care centers, located in University Park, may purchase an annual pass for teachers and students six (6) years and under. Such annual pass shall be fifty dollars ($50.00) per swimming season, incumbent upon the teacher ratio being five (5) students per each teacher and that the time limitation on the students is limited to the hours between 10:00 a.m. and 3:00 p.m. Ail non-resident students of day care centers in University Park, seven (7) years and older, shall pay a fee of five ORDINANCE NO. 83/7 Continued (III) (Iv) dollars ($5.00) per person with the same time limitation as above and with the day care center providing supervision for each student. A:qUalified_residdnt~.of University Park may secure permission for bona fide guests to use pools by paying attendants of the gate a cash fee of two dollars fifty cents ($2.50) for each guest each time each guest uses the pool. A qualified resident or owner of property in University Park not owning an annual permit (tag) may use the swimming pool upon paying a charge of two dollars fifty cents ($2.50) per person for each time the pool is used. (b) Issuance of Tags The city manager-clerk, or his representatives, shall issue a tag to each qualified person thus applying for a permit. The applicant, or his representative, must sign receipt for the tag and a pledge that the tag will be used only by the person to whom it is issued. The tag must be worn on the swimming suit in a manner so that it can be seen by the swimming pool attendants. The day care centers shall be issued a permit or card for the teachers and students under six (6) years of age. Upon entering the pool, the designated leader of the group shall identify him or herself and identify the teachers and students coming into the pool under the permit authority. (c) Lost Tag. (Same as present). (d) Tags Are Not Transferable (Same as present). (e) Sales of Tags Final (Same as present). SECTION III THAT, Chapter I, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances of the City of University Park, Texas,. shall apply. PASSED AND APPROVED this 10th day of March, 1983. ORDINANCE NO. 83/8 AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULA- TIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. ADOPTION OF UNIFORM FIRE CODE. There 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, that certain Code and Standards known as the Uniform Fire Code, in- cluding Appendix Chapters: Division I, Appendix iA, lB; Division II, Appendix 2B; Division III, Appendix 3A, 3B, 3C; Division IV, Appendix 4A, SA, 6A, 6B, 6C, 6D, and the Uniform Fire Code Stan- dards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particu- larly the 1982 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance of which Code and Stan- dards not less than three (3) copies have been and are now filed in the office of the clerk of the City of University Park and the same are hereby adopted and incorporated as fully set if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of University Park. SECTION 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the City of University Park which is hereby established and which shall be operated under the supervision of the chief of the fire department. (b) The fire chief, or his designee, will be in charge of the bureau (or section) of fire prevention. (c) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the fire department, and appoint- ments made after examination shall be for an indefinite term with removal only for cause. SECTION 3. DEFINITIONS. (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is the City of University Park. ORDINANCE NO. 83/8 Continued ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE- GROUND TANKS IS PROHIBITED. SECTION 4. The storage of flammable or combustible liquids in outside aboveground tanks is prohibited within the following limits~. Ail residentially zoned areas, congested commercial areas, and in areas zoned for schools or churches. SECTION 5. ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OE LIQUE- FIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82.105(a) of the Uniform Fire Code, in which storage of liquefied petroleum gas is re- stricted, are hereby established as follows: As specified by City Ordinance. SECTION 6. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Section 77.201 is not applicable. Storage of all high explosive materials in Uni- versity Park is prohibited. SECTION 7. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the follow- ing respects: Section 77, paragraphs 77.201 and Section 34, entirely, are amended as follows: Stated in Section 6 of this ordinance. SECTION 8. APPEALS. .~henever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the City Commission, City of University Park. SECTION 9. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The chief and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such list in a con- spicuous place in his office, and distribute copies thereof to interested persons. SECTION 10. PENALTIES. (a) Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made there- under, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no ORDINANCE NO. 83/8 Continued appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City or by a court of compe- tent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-compliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25.00 nor more than $200.00 plus cost. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited con- ditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 11. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or in- consistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. SECTION 12. VAI, IDITY. The City of University Park hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of this Commission that it would have passed all other portions of this ordinance inde- pendent of the elimination herefrom of any such portion as may be declared invalid. SECTION 13. DATE OF EFFECT. This ordinance shall take effect and be in force from and after its approval as required by law. PASSED AND APPROVED this 21st day of March, 1983. '~ ATTEST: \ : CITY MtNAGER-~LERK / / / ORDINANCE NO. 83/9 AN ORDINANCE AMENDING AND REVISING CERTAIN SECTIONS OF CHAPTER 3, SECTION 1 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, TO ADOPT THE 1982 UNIFORM BUILDING CODE WITH AMENDMENTS, ADDITIONS AND DELETIONS THERETO REQUIRING COMPLIANCE THEREWITH; TO PROVIDE FOR INSPECTION, THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREFORE; TO PROVIDE FOR A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR ANY SINGLE VIOLATION THEREOF; AND TO PROVIDE A SERVICEABILITY CLAUSE, TO REPEAL ANY EXISTING BUILDING CODE AND ALL AMENDMENTS THERETO AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Section 1, Building Code, is hereby amended to read as follows: A. UNIFORM BUILDING CODE ADOPTED The Uniform Building Code, 1982 Edition and the Uniform Build- ing Code Standards, 1982 Edition, are herewith adopted by reference. Three (3) copies of each are to remain on file in the city manager/secretary's office. Unless deleted, amended, expanded or otherwise changed herein, all provisions of such code and standards shall be fully applicable and bind- ing and of full force and effect. Such adoption shall also include Chapter 7 Part I, Chapters 11, 12, 32, 35, 38, 49, 53, 55, 57, and 70 of the appendix to such code. Reference in this Chapter 3, Section 1 to the Uniform Building Code shall mean the Uniform Building Code, 1982 Edition. REPEALING ORDINANCE Therefore, repealing Ordinance No. 78/337, Chapter 3, Section 1, of the Code of Ordinances of the City of University Park, and all other ordinances in conflict therewith. C. VARIANCES FROM BUILDING CODE Any requirements considered necessary for the safety, strength, or stability of any existing or proposed building or structure, or for the safety or health of the occupants thereof, which varies from provisions of the Uniform Building Code, or any amendments, specifications, or revisions thereto, or which is not specifically covered by the Uniform Building Code, or any amendments, specifications, or revisions thereto, shall be determined by the building official subject to appeal to the board of commissioners. D. AMENDMENTS TO BUILDING CODE The sections and provisions of the 1982 Uniform Building Code that are changed, added, or deleted are as follows: Section 104 of the Uniform Building Code is amended to read as follows: Section 1.04(f) Building or structures moved within or moved out of the city shall comply with the provisions of chapter 3, section 17 of the Code of Ordinances. Buildings to be moved into the city from outside the city limits must be approved by the board of commissioners. ORDINANCE NO. 83/9 Continued Section 204 of the Uniform Building Code is amended to read as follows' Section 2.04 Appeals to Board of Commissioners. In order to determine the suitability of alternate materials and setbacks of construction and to provide for reasonable interpretations of this code, the grieved party may appeal any decision to the board of commissioners. Section 301(a) of the Uniform Building Code is amended to read as follows' Section 3.01(a) 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. Section 301(b) Delete numbers one (1) thru eleven (11) only of the Uniform Building Code. Table No. 3-A, Building Permit Fees, of the Uniform Building Code is to be deleted. Section 3.08(a) BUILDING PERMITS AND FEES (1) Any person, persons, firm, association, contractor, company, corporation, or any other entity desiring to make additions to and/or to erect, construct, repair, remodel, alter, demolish, convert, or other- wise change the character and/or configuration of improvement or property thereto shall obtain a permit for this effort before work is undertaken. Further, it shall be the responsibility of any person, persons, firm, association, contractor, company, corporation, or other entity performing these services other than the property owner or resident to obtain this permit except in those cases in which, in the understanding of the city, the property owner desires to function as his own contractor. In which case, the property owner shall obtain the permit. In any event, it shall be the responsibility of all agencies performing these services to determine if a permit has been obtained for the work under consideration before work is begun and said agency shall be held sole liable and responsible and not the property owner if work is started without a permit. (Chapter 5, 1967 Code of Ordinances, as amended through Supplement No. 26) (2) Any person, persons, firm, association, contractor, company, corporation, or any other entity to whom a building permit is issued shall before said permit is issued, make application to the City of University Park for such permit, make a sworn statement in writing on a form provided for the purpose, stating the approxi- mate total market value of the proposed building or improvement including all plumbing and electrical and other mechanical equipment, devices, and materials. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations, and repairs as specified in the following table: 114 ORDINANCE NO. 83/9 Continued TYPE OCCUPANCY FEES FOR NEW CONSTRUCTION BUILDING AREA SQUARE FEET BUILDING PERMIT FEE Residential 1,000 or less $ 1,001 - 1,250 1,251 - 1,500 1,501 - 1,750 1,751 - 2,000 2,001 - 2,250 2,251 - 2,500 2,501 - 3,000 3,001 - 3,500 3,501 - 4,000 4,001 - 4,500 4,501 or more 80 00 110 00 150 00 180 00 20O 00 250 00 3OO 350 4O0 450 500 50O in excess of 4,500 00 00 00 00 00 00 + 0.05/sq.ft. Nonresidential o - 50 $ 51 - 100 25 101 - 250 30 251 - 500 45 501 - 100,000 40 100,000 - 500,000 1,000 500,000 or more 6,000 20 00 minimum 00 00 00 00 + 0.05/sq.ft. 00 + 0.04/sq.ft. 00 + 0.03/sq.ft. FEES FOR ADDITIONS, ALTERATIONS AND REPAIRS TYPE OCCUPANCY All VALUATION BUILDING PERMIT FEE $ 0 - 500 501 - 1,000 1,001 - 2,500 2,501 - 5,000 5,000 or more 10.00 15.00 20.00 25.00 0.5% of value (Ordinance No. 82/1 (Amendment No. 1) of March 4, 1982) 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 outside faces of exterior walls and includes: Total area under the roof and enclosed by walls (excluding garages, carports, porches, patios, and other roofed areas with omitted exterior walls). One-half (3) of the garage, carport, porch, patio, and other roofed areas with omitted exterior walls. The sum of the above areas constitutes the building area for permit evaluation and must be stated on the permit application. (Chapter 5, 1967 Code of Ordinances, as amended through Supplement No. 26) (4) Any person, persons, firm, association, contractor, company, corporation, or any other entity to whom a building permit is issued shall commence work on the permitted project within sixty (60) days from the date of the approved application or such permit shall ORDINANCE NO. 85/9 Continued become invalid; and further, such permit shall become invalid if the work authorized by such permit is sus- pended or abandoned for a period of sixty (60) days after the work has commenced. Abandoned or suspended shall mean the lack of any discernable progress. For residential construction, all work commenced under a building permit shall be completed within twelve (12) months. Residential shall mean all structures built to bemused as housing units. Ail other construction shall be completed within twenty-four (24) months. During construction projects covered by permit, all sites shall have sanitation facilities located either in a building or in the back yard; however, portable toilets shall not be located in any required front or side yard set-back. Also, all debris, including concrete and bricks not being used in the momentary construction, such as paper, cups, sacks, etc., shall be cleared each day by hauling off, containerizing, or stacking neatly where the debris is not obtrusive to the neighbors. Ail violations as to the starting of construction, duration of construction, littering, or sanitation requirements can be prosecuted by cancellation of the building permit, declaring the same as a nuisance, or using the provision of 3.09(b) of this section, either singly or as a group. If the cancellation of a permit is due to the sixty (60) day starting provision and if such starting failure is due to circumstances beyond the control of the individual, the building official may refund such permit. In all cases where time is an element, only the board of commissioners may grant an extension. (Ordinance No. 82/13 of August 19, 1982) Section 3.09(a) Revised Valuation of Building Improvement Upon Completion. After any improvement for which a building permit is required has been completed, it shall be the duty of the owner of the property on which the improvements have been made, or his duly authorized agent, to make an affidavit stating within five (5%) percent of the actual cost of such improvements, and such affidavit shall be filed with the city; whereupon such building permit fee will be refigured by the building inspector in accor- dance with the schedule of fees set out in subsection 3.08(a) above, and based upon such actual cost as set out in such affidavit. If the amount of the permit fee paid at the time of taking out the building permit is less than the amount based upon the actual cost, then such difference in such amounts must be paid to the city, before a certificate of occupancy will be issued to the owner of such property. In the event the amount paid to the city upon taking out the building permit is found to be greater than the amount re- quired as based upon such affidavit of actual cost, then the city will refund to such owner the difference. (Chapter 5, 1967 Code of Ordinances, as amended through Supplement No. 26) (b) DEPOSIT REQUIRED FOR REMOVAL OF CONSTRUCTION DEBRIS Every applicant for a building permit of value in excess of one thousand dollars ($1,000.00) shall deposit with the city a minimum sum of one hundred dollars ($100.00) in cash. This shall be returned to such applicant if, within fifteen (15) days of final inspection, or the city has not had to clean up debris or trash during construction, he removes from the premises and adjacent property all trash, debris, and dirt of every kind that resulted from ORDINANCE NO. 83/9 Continued the construction or demolition for which the building permit was issued. If the city has had to expend money to remove any item during or after such construction, the applicant will receive the difference between any cost to the city and the deposit, if any. When the value of the permit exceeds five thousand dollars ($5,000.00) the amount of the deposit shall be a minimum of five hundred dollars ($500.00), but the building official may request a higher deposit commensurate with any estimated clean up costs. (2) Any dispute over the clean up costs, if done by the city, shall be settled by the board of com- missioners. (Ordinance No. 82/14 of August 19, 1982) (c) NONFLAME RETARDANT MATERIALS USED FOR COSMETIC PURPOSES (d) ONLY. Wood, wood products, or other materials, not normally classed as flame retardant or flame resistant, may be used for cosmetic or decorative purposes on the facade of structure in a GR, RC, SC, O or C District provided: The material to be used does not, in the opinion of the building official, constitute a fire hazard stemming from but not limited to such factors as low flash or ignition temperature characteristics of the material, toxic or noxious fumes that may be emitted by the material when heated, or other undesirable properties that would make it hazardous or inappropriate for this application. (2) That the face of such structure on which this material is to be affixed is of solid masonry or brick construction with a two-hour minimum fire rating. (3) That all openings in such wall to be covered by such material will be sealed off or enclosed by brick or masonry prior to the application of such material. (4) That such material will not extend above the brick or masonry face to which it is to be attached. That such material will not extend above the brick or masonry face to which it is to be attached. (6) That provisions will be incorporated to meet applicable fire or electrical codes when used in conjunction or associated with such items as illuminated signs, lighting fixtures or other attachments that emit heat or present an unusual fire or shock hazard. FIREPLACES TO BE REPAIRED OR RECONSTRUCTED WHEN PERMIT EXCEEDS 25% OF VALUE It shall be required that as a condition for the granting of a permit to alter, add to and/or repair an existing structure exceeding twenty-five (25%) percent of its value, as outlined in Section 3707 of the Uniform Build- ing Code, that all wood burning fireplaces be repaired or reconstructed, as required, in accordance with applicable codes or sealed off to prevent its use for ORDINANCE NO. 83/9 Continued this purpose. In addition, it shall be required that all chimneys of such existing fireplaces and the chimneys of all new fireplaces shall not emit visible sparks and shall be capped with metal hardware cloth with grid opening not exceeding 3/8" or other suitable material to prevent any sparks, glowing embers or other flame-producing emissions from being discharged from the chimney during ~ts opera- tion. Further, unsupported chimneys exceeding a height of ten (10) times the minimum dimension of the chimney above any structure attachment point must be wind braced to the major structure by two (2) or more steel stayrods, 1/2" or more in cross section, one end of which to be anchored firmly in the chimney and the other attached by bolts to the primary framework of the building. (e) GENERAL RESIDENTIAL CONSTRUCTION REQUIREMENTS Hereafter no residence building or buildings to be used as a place of abode shall be constructed in the City of University Park, Texas, unless the specifications for such building comply with the following: (i) Ail walls of buildings hereafter constructed for residential purposes shall have a minimum thick- ness of four (4") inches. This is necessary in order to properly install, protect, and preserve natural gas piping, electrical conduit and plumbing work. (2) Ail buildings hereafter constructed for residential purposes shall conform with all the requirements of the current zoning ordinance of the City of University Park and shall be constructed on per- manent foundations. (Chapter S, 1967 Code of Ordinances, as amended through Supplement No. 26) (3) Ail residential structures hereinafter constructed in all districts, as two-family, single-family attached, or multi-family dwelling of five (5) units or less, shall be constructed to provide a two (2) hour nondestructible fire resistant wall separating each occupancy group. Such walls shall contain no openings of any nature, shall be con- structed in its entirety of either brick, concrete, masonry, or any similar noncombustible material approved in advance by the.city engineer, and shall contain no attachments nor be used as a load bearing structure for floor joists or roof rafters. The construction of such walls shall meet the re- quirements of Tables No. 43-a, 43-b, and 43-c of the Uniform Building Code and shall extend from the foundation to a point at least thirty inches (30") above the roof in accordance with Section 505(d) of the Uniform Building Code. In addition, in those configurations of two-family and multi-family dwellings in which one occupancy group's living quarters is above another, then there shall be installed a one and one-half inch (1~") light weight concrete floor. In multi-family units in excess of five (5), the fire marshal and city engineer shall determine the type of protection necessary to facilitate the same degree of fire security and sound barrier as required for units of five (5) or less. (Ordinance No. 82/15 of August 19, 1982) 115 ORDINANCE NO 83/9 Continued (4) Ail residential buildings in the zoning districts, single-family attached dwellings (SF-A), multiple- family dwellings (MF-1, MF-2, and MF-3) shall have a minimum of eighty percent (80%) masonry material on the exterior wall surfaces, excluding windows, doors, and other appertures. Accessory buildings shall not be subject to such provision. The roof- ing material, including accessory buildings, shall be of flame retardant or flame resistant type. Requests for variations from the above requirements may be taken to the Environmental Standards Committee as established by Resolution No. 82-13 of the City of University Park. Ail variances shall be filed with the Environmental Standards Committee within fifteen (15) days of denial by the building department. Said Environmental Standards Committee shall render approval or disapproval of such variance within thirty (30) days. Any decision of the Environmental Standards Committee may be appealed to the board of commissioners at their next regularly scheduled meeting. (Ordinance No. 82/3 of May 20, 1982) (s) The city, acting by and through its building inspector, shall not hereafter issue a building permit for any residence building or buldings to be used as a place of abode in the City of University Park unless the specifications for such building comply with the specifications set out in paragraphs (1) through (4) above. (f) REQUIREMENTS FOR REPAIR OR REPLACEMENT OF DETACHED STRUCTURES (1) It shall be required that as a condition for the granting of a building permit to repair, remodel, enlarge, alter, renovate and/or replace a residence or main building, and detached structure sharing the same lot as the main building shall, in like manner, be repaired or otherwise restored or re- placed to conform with Section 2 of this chapter, or with applicable building, mechanical and elec- trical codes. Such requirements for the detached structure shall apply when, in the opinion of the city, the detached structure is in a state of dis- repair, represents a health or safety hazard, or is a discredit to the community, or when the esti- mated or readjusted cost of said improvements to the residence or main building is in the amount of five thousand dollars ($5,000.00) or more or when such efforts involve or consist of structural alteration, reconstruction, addition, enlargement and/or replacement of the main building. (2) In order to assure compliance with this provision, the building inspector shall make an inspection of the premise 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 that the detached structure will be repaired or demolished with such work being conducted simultaneously with the main building before the building permit shall be released and the work authorized. Final inspection and release of the work on the main building shall not be made until all re- quirements of this section for the detached structure are met. ORDINANCE NO. 83/9 Continued Section 2905(f) of the Uniform Building Code is amended to read as follows- Section 29.05(f) RUN OFF WATER Provisions shall be made for the control and drainage of surface water around buildings. Run off water from rains and storms shall not be allowed to inundate or flood adjacent property providing if such flooding is the result of grading, drainage ditches, retaining walls, or other surface alterations that control or divert the natural flow of water. Rain water shall not be conveyed, received, or dis- charged upon property belonging to another or adjacent to such property. Where potential flooding of adjacent property exists from run off water from an unguttered roof, such roof shall be installed with proper guttering containing downspouts arranged in such a manner that the run off water will not be discharged on the adjacent property. PASSED AND APPROVED this 21st day of March, 1983. CITY MANAGER- C LERI{ / / ORDINANCE NO. 83/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 14(H), APPROVAL OF SIDEWALK MATERIAL BY CITY ENGINEER, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 14(H) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: H. Approval of Material by City Engineer The only material allowed in this section is brush finished concrete without any coloring, paint, or similar material. Specifically excluded are exposed aggregate concrete, brick, and aggregate filled epoxy. An expansion joint shall be provided between the public sidewalk and the private driveway. In replacement work, the existing curb return and gutter shall be saw cut at the tangent point of the return. Specifications for construction of sidewalks shall be approved by the city engineer. The contractor shall furnish whatever samples as may be required for making test and examination in sufficient time prior to their use. Variations to the type of material and specifications listed above may be granted by the Environmental Standards Committee. SECTION II THAT, Section 5, General Penalty, and Section 6, Sever- ability of Parts, shall apply. PASSED AND APPROVED this 4th day of April, 1983. ORDINANCE NO. 83/11 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, SECTION i.D., AMENDMENTS TO BUILDING CODE, OF THE~ CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, IN ORDER TO ADD SECTION 5.07(5) HEIGHT OF A RESI- DENTIAL STRUCTURE, AND SECTION 5.07(6) DEFINITION OF STORY, AND IN ORDER TO DELETE LINES R.1 AND R.3 OF TABLE NO. 5-D. MAXIMUM HEIGHT OF BUILDINGS. BE IT ORDAINED BY THE BOARD OF CO~dISSIONERS OF THE CITY OF UNIVERSITY PARK: SECTION I THAT, Chapter 3, Section i.D., Amendments 'ho Building Code, is hereby amended to add the following sections: Section 5.07(5) Height of a Residential Structure. The vertical distance of a building measured frem the average established grade at the street line or from the average natural front yard level, whichever is higher, to the highest point of the roof's surface, excluding chimneys, shall be a maximum of thirty-five (35') feet. Section 5.07(6) Definition of Story. The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven feet (i1'), six inches (6"). A half-story is a space under at least two sloping roofs having an average height not exceeding eight feet (8') and a floor area not greater than seventy-five percent (75%) of the area of the floor on the first story below. Parking which is depressed below the average grade or which is at grade and below the structure and enclosed shall not be considered a story in computing the height of the building. SECTION II THAT, Chapter 3, Section i.D., Amendments to Building Code, is hereby amended to delete the following: Lines R.1 and R.3 of Table No. 5-D, Maximum Height of Buildings. PASSED AND APPROVED this 21st day of April, 1983. ORDINANCE NO. 83/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A STOP INTERSECTION AT MOCKINGBIRD PARKWAY AND ARMSTRONG PARKWAY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 14, of the Code of Ordinances of the City of University Park, Texas, the following action is taken: (1) That, all traffic approaching from the east or west on Mockingbird Parkway shall stop prior to entering the intersection of Armstrong Parkway and Mockingbird Parkway. SECTION II THAT, Chapter I, Section 5, General Penalty for Violations and Chapter 1, Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 2nd day of May, 1983. ATTEST ! ~,~ /t/ ;~ ~,~ CITY ~NAGER-CLERK ' / ORDINANCE ~O. 83/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A LEFT TURN ONLY LANE ON UNIVERSITY BOULEVARD AT ITS INTERSECTION WITH THE SOUTH BOUND SERVICE ROAD OF NORTH CENTRAL EXPRESSWAY, AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10~ Section 8A of the Code of Ordinances of the City of University Park~ Texas, the fo].lowing action is taken: 1) That al! traffic approaching from the east and in tke lane closest to the center of the street on University Bou]_evard at its inter- section with the south bound service road of North Central Expressway shall turn left,7 and may not proceed straight. 2) That the Chief of Police shall see that proper signs and markings are erected or installed. SECTION II THAT, Chapter I, Section 5, General Penalty Provisions and. Chapter I~ Section 6, Severabi!.ity of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 2nd day of May, 1983. ORDINANCE NO. 83/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 19.I. (3) (a) (i) , SWIMMING POOL FEES, SECTION 19.I(5), SPECIAL SWIMMING CLASSES, AND SECTION 19.I(7) (b), SWIMMING INSTRUCTION CLASSES, OF THE CODE OF ORDINANCES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter I, Section 19.I(3) (a) (i) of the Code of Ordi- nances of the City of University Park is hereby amended to read as follows: (i) Ail qualified residents of University Park or non- resident owners of property, six (6) years of age or older upon making application, in person or his/her authorized representative, to the office of the busi- ness manager of the utility department, may secure annual permits (tags) to swim in the pools. The charge for these permits shall be eighteen dollars ($18.00) per person, except that those designated in (2) (c) and (e) above shall pay thirty-six dollars ($36.00). If an immediate family of five (5) or more purchases more than four (4) tags at one time, all tags in excess of four (4) shall be sold at nine dollars ($9.00) each. SECTION II THAT, Chapter 1, Section 19.I(5) of the Code of Ordinances is hereby amended to read as follows: (5) Special Swimming Classes Special classes for swimmers may be authorized by the governing body of this city, and when so authorized, a flat fee shall be established by the governing body. SECTION III THAT, Chapter 1, Section 19.I(7)(b) of the Code of Ordinances is hereby amended to read as follows: (b) EnrolLment fee of ten dollars ($10.00) shall accc~pany the applica- tion for admission to a swimming class. The absence of anyone en- rolled in a class three (3) times in succession shall forfeit the right to continue in the class. In the event that a person's name is dropped from class roster because of being absent three (3) times in succession, an additional enrolLment fee of five dollars ($5.00) will be charged when application is made 'for the re-enrolLment in any other class. SECTION IV THAT, Section 5, General Penalty for Violations, and Sec- tion 6, Severability of Parts of the Code of Ordinances, shall apply. PASSED AND APPROVED this 2nd day of May, 1983. ATTEST CITY MANAGER-CLERK ORDINANCE NO. 83/15 .AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3~ SECTION 17, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK~ REGULATING THE MOVEMENT AND TP~NSPORTATION OF HOUSES, BUILDINGS, STRUCTURES, AND MOBILE HOMES OVER THE STREETS, HIGHWAYS, AND ALLEYS OF THE CITY OF UNIVERSITY PARK, TEXAS? REQUIRING A PERMIT TO BE ISSUED BASED ON AN APPLI- CATION THEREFOR; ESTABLISHING BONDING REQUIREMENTS AND CASH DEPOSIT; PROVIDING FOR AN APPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 3, Section 17, of the Code of OrdiDmnces, is hereby amended and supplemented to read as fo!lows~ Bo Section 17. Movement and Transportation of Houses~ Buildings, Structures~ Temporary and Mobile Homes° MOVING OF BUILDINGS PE~[IT REQUIRED No person shall own, operate, or engage in the business of moving buildings or structures along, across, or over any public street, alley, highway, or other public place iD. the City of University Park without obtainin~ a permit to engage in such business from the build- ing official. APPLICATION FOR MOVING PE~[IT An applicant desiring to engage in the business of moving buildings and structures along, across, or over a public street in the city shall file with the building official a written application upon a form provided for the purpose, which must be signed by the applicant or his authorized agent° Such application for a moving permit shall among other things include the fo!lowing~ (1) No house, building, or structure shall be moved or prepared to be moved from one location to another within the City of Uni- versity Park, or from a location within the city to a point outside the city, or from a point outside the City of University Pa. rk unless such person, firm~ or corporation, secure a moving permit and comply with each and every requirement of this sec- tion. (2) Such application for a moving permit shall be dated; give the name of the property owner involved and his address; the name, address, and location of the property from which such house, building, or structure is to be moved; the name of the house mover who is to conduct the job; and the name and address of the bonding and/or insurance company which will issue the surety bond(s) or liability insurance called for by this section. (3) The mover and a member of the building department of University Park will conduct a survey of the proposed route. If proposed route is approved., then mover will be given forms to provide all residents involved° The forms will be furnished by the city. Each form (three copies) shall contain pertinent information of house mover (name, address, phone number, etc.). Also, it shall contain namer address, phone number, and other information that will show potential damage that may occur. The resident's sig- nature will be required on the supplied form. If resident refuses to sign, mover will make note of this on form. The ORDINANCE NO. 83/15 Continued mover shall return one (1) copy to the building official, one (1) copy to resident, and will retain one (1) copy for mover's records. The proposed route, including the time, date, and other information in connection therewith, shall be approved by the building official, chief of police and fire marshal. Appropriate officers of Dallas Power and Light Company, Southwestern Bell Telephone Company, and Park Cities Cable TV also shall be notified in writing if any of their lines along the approved route are seventeen feet six inches (17'6") or lower. The mover shall be liable for any utility damage or other cost. (4) Any house, building, or structure to be moved shall be controlled in width by the narrowest street width (measured across from back of curb to back of curb) on the route it is to be moved on. The ridge height shall not exceed seven- teen feet six inches (17'6") from ridge line to paving grade. The height on each side of structure shall not exceed four- teen feet six inches (14'6"). The house length shall be controlled by whether the mover can negotiate a turn without damaging property beyond the back of curb. (5) During pre-route examination, if the city building official finds that any tree or other vegetation is to be mutilated or damaged, the mover shall trim and dress up such tree or vegetation to city and affected property owner specifications. This will be submitted on proper form. The mover shall be required, at his expense~ to trim all tree limbs and/or other vegetation that extends out over highway, street, or alley, up to a height as described in (4) above. If such tree limb or vegetation is between curb line and said property line, then mover shall cut same back to trunk and it shall be dressed up. If such tree limb/vegetation is growing from behind property line, then mover shall cut back to property line only and dress same up. (6) Mover shall submit to the building official a letter from the City of Dallas or Town of Highland Park stating that they will accept such structure to be moved through their city. (7) A valid architect's plans and specifications of the building to be moved into or within University Park containing a veri- fication of the wiring and plumbing used therein by a licensed electrician and plumbing contractor who will certify that the plumbing and wiring conform to the respective codes of the City of University Park, and a true and accurate plot plan showing the proposed location of all buildings or structures to be moved in or within the City of University Park so that it may be determined that each and every condition of the building code and zoning ordinance has been complied with. C. BOND REQUIRED (1) Each applicant for a permit under this section shall furnish a surety bond by a surety company acceptable to the city made in favor of the City of University Park for the sum of five thousand dollars ($5,000) executed by the house moving company and by an approved surety corporation having a permit to do business in this state, conditioned that the applicant will pay all damages and costs that may occur to any public or private property on account of moving the house, building, or structure involved in such application, and further conditioned that the applicant will indemnify and hold the City of University Park free and harmless against all liabilities, claims, judgments, costs, or expenses which may in anywise arise or accrue against the city because of the granting of such permit. Such bond will expire three (3) months after the building official has certified to the completion of such move, but the bond- ing company shall continue to be liable to any person, firm, or corporation who has been damaged during the course of such move. ORDINANCE NO. 83/15 Continued D. THE INSURANCE REQUIRED (a) No license authorizing the moving of buildings or struc- tures on the streets of the city shall be issued unless the following requirements are met: (1) The mover/applicant shall procure and keep in full force and effect a policy of public liability and property damage insurance issued by a casualty in- surance company authorized to be business in the state and in the standard form approved by the board of insurance commissioners of the state, with the insured provisions of the policy including the city as an insured, and the coverage provision in- suring the public from any loss or damage that may arise to any person or property by reason of the moving of a building or structure by the mover/ applicant and preparing and cleaning up the prop- erty before and after the house has been removed and providing that the amount of recovery shall be in limits of not less than the following sums: Personal injury $300,000.00 per accident, and $100,000.00 per person Property damage $50,000.00 Such policy shall remain in full force and effect until the moving of the house Or structure has been fully car- ried out and all obligations of the applicant and mover have been fully complied with. Every policy must contain an endorsement providing for thirty (30) days' notice to the building official in the event of any material change in or cancellation of the policy. In the latter event, the applicant or mover shall provide a new policy containing the same cancellation clause within ten (10) days or the house moving permit shall be cancelled. (b) DAMAGE CLAIMS (1) Each applicant for a moving permit shall deposit with the building official cash in the amount of two thousand five hundred dollars ($2,500) to guarantee that the house, building, or structure which is moved from one location to another within the'city or from a point outside the city to a point within the city is completed so as to comply with all of the building and zoning ordinances of the City of University Park within a reasonable time not to exceed the period of three (3) months from the granting of said applica- tion, which deposit shall be forfeited unless the build- ing official certifies to the fact that such building which has been moved complied with all such building and zoning requirements within such period of time allowed by this section. (2) When a claim 'is made to the City for damages by a resident, the mover shall have the right to appoint an appraiser to determine the extent of damages to complainant's property. At the same time, the City will appoint an appraiser to also appraise the same damage. The resident also has a right to appoint his own appraiser. The mover shall be required to pay all appraiser fees and damages within five (5) days after submittal of the findings or the City will auto- matically deduct appraiser fees and damages from the cash deposit posted by the mover. ORDINANCE NO. 83/15 Continued (3) Damages will include the following, but not limited to: Public or private sidewalks, leadwalks, sodding, bushes, trees, curb and gutter, driveway approaches, public streets, private driveways, fences, or any other appurtenances that are permitted by building, zoning, or other codes of the City of University Park. E. MOVING PERMITS AND ESCORT FEE (1) (2) The applicant shall pay a fee of twenty-five dollars ($25.00) to the building official for the moving permit. The applicant shall pay a fee of for~y-five dollars ($45.00) per hour for each city employee and vehicle that is needed to escort house out of or to another location in University Park. There shall be a minimum of four (4) hours, plus one (1) hour of travel time inclusive before and after structure movement. If employee(s) has to return at another time or date, mover shall also pay for addi- tional escort and/or travel time as deemed necessary by building official. (3) Ail fees shall be paid to the building official at the time of application for moving permit. If escort person- nel have to return, all new escort fees will be paid before house, building, or structure is to be moved. F. ISSUANCE OF PERMIT When such application has been made and filed, and the bonds, liability insurance, deposit, and fees required by this ordi- nance have been deposited with the building official, he may issue a moving permit which shall be subject to such conditions and requirements as may be necessary to protect the public and private property and the public welfare in connection with the prescribed route to be taken in moving such house, building, or structure. Said permit shall also specify the route to be used in moving such house, building, or structure, including the place where such house, building, or structure is to be moved from; the place to which such house, building, or structure is to be moved and the complete route designated for such moving; and the date and time of day when such moving is to be carried out. GENERAL MOVING REQUIREMENTS (1) The house mover shall notify the utility companies at least three (3) days prior to the moving of the building. (2) (3) (4) The house mover shall notify, in writing, the fire depart- ment on the date of the moving and such notification shall contain the time the building is to be on the streets or highways. The house mover shall notify, in writing, the chief of police, or his designate, twenty-four (24) hours prior to the moving of the building and the time shall be approved by the chief of police or his designate and the mover shall be responsible for the arrangement and the furnishing of two (2) flagmen as well as paid escort and necessary "no parking" signs as recommended by the chief of police. The mover shall travel with the building as designated in line (6). The building shall not be left at night/ daytime on any highway, street, or alley in the City of University Park. There shall be attached to each corner of such building, a red light lantern visible at least three hundred feet (300') along such highway, street, or alley. ORDINANCE NO. 83/15 Continued (5) The mover shall make arrangements for all charges for services required. Also, he shall notify the water and sewer, gas, and electrical power departments wherever these utilities are located on the site to be vacated, and these services must be disconnected before any work is begun to remove the structure. Ail taxes must be paid before removal. (6) The mover shall not cross any property line with such structure after it has been loaded for moving. (This includes the towing trucks and/or other equipment used for same.) This shall not commence before 8:00 p.m. and shall not be moved after 2:00 a.m. which follows the 12:00 a.m. (midnight) after 8:00 p.m. starting time. H. REQUIREMENTS FOR MOVING TEMPORARY AND MOBILE HOMES Notwithstanding any other provision of this section, a tem- porary or mobile home, as defined within this subsection, shall not be subject to the requirements and provisions of this sec- tion, except as specifically Set forth in this subsection. (1) A "temporary or mobile home" as used within'this sub- section is defined to be a structure designed to be a living quarters equipped and used for sleeping and eat- ing purposes and which may be moved from one location to another over a public highway or roadway by being pulled behind a motor vehicle. (2) It shall be unlawful for any person, firm, or corpora- tion to move upon the public streets or highways, any mobile home or temporary home exceeding thirteen feet six inches (13'6") in height while loaded, fourteen feet (14') in width, and ninety-five feet (95') in total length of the mobile home and the motor vehicle pulling or towing same, without first securing a permit from the City of University Park as provided above. EXCEPTION: Any person, firm, or corporation moving any mobile home or temporary, home on a state or federal highway, if having secured and possessing a valid state permit for movement of said mobile or temporary home, shall be exempt from securing a city permit for the movement of said mobile/temporary home, but such mobile home shall not be permitted to remain in the City of University Park for~more than twenty-four (24) hours, and it shall never be permanently placed, stored, used, or maintained in this city. (3) The movement of any mobile/temporary home exceeding any of the above-cited dimensions shall not be permitted, except, however, the City of University Park may permit any structure that comes under H(2) exception. The city reserVes the right to designate the date, time, and route the mobile or temporary home is to be moved. (4) The fee for the issuance of a permit for the movement of a mobile or temporary home within the city limits of the City of University Park shall be five dollars ($5.00). I. REFUSAL TO ISSUE OR RENEW A PERMIT If the building official shall refuse to issue or renew a building mover's permit for any of the following reasons: (1) The making of any false statement as to a material fact in an application for a permit or in a hearing concern- ing the permit; (2) The failure of the permit holder to obtain the bond, in- surance, and cash deposit required by this subchapter; or ORDINANCE NO. 83/15 Continued (3) Failure of the permit holder to maintain the bond, insur- ance, and cash deposit as required by this chapter; then written notice of revocation shall be sent by the building official to the permit holder by certified mail, return receipt requested, setting forth the reason for and the effective date of the refusal to issue or revocation of the permit. J. BUILDING PERMIT Until all requirements in this' section a~e in compliance, no building permit shall be issued for any type of structure on lot(s) that have been vacated under this section. SECTION NOTICE When the word section is quoted, it shall apply to this Sec- tion 17, unless otherwise noted. L. AN EXCEPTION TO THIS ORDINANCE A building or structure may be moved through the city from outside the city limits if the destination site is outside the city, pursuant to a Texas State Highway Department permit, or if the move is over a state or federal highway. APPEAL If the building official refuses to approve issuance of an original permit or revokes the permit issued to the permit holder, this act is final, subject to the permit holder's right within ten (10) days after receipt of written appeal with the Board of Commissioners of the City of University Park, which appeal may be heard and determined at any legally consti- tuted meeting of the Board of Commissioners. The Board after hearing such appeal shall render a decision either upholding, reversing, or modifying the action appealed from. The decision of the Board of Commissioners is final as to the administrative remedies of the city. N. POWERS AND DUTIES OF THE BUILDING OFFICIAL In addition to the powers and duties prescribed in Section 17, the building official is required to: (a) Administer and enforce all provisions of this section; (b) Keep a record of all permits issued or revoked; (c) Adopt such rules and regulations not inconsistent with this section with respect to the form of appli- cation for permits, the investigation of the appli- cants and other matters incidental to his powers which may be necessary for the proper administration and enforcement of this section. O. PENALTY FOR VIOLATION Any person, firm, or corporation.violating any provisions of this section or failing to observe any provisions hereef shall be deemed guilty of a misdemeanor and upon conviction ORDINANCE NO. 83/15 Continued shall be fined a sum of not less than ten dollars ($10.00) and not more than two hundred dollars ($200.00) and each day that violation of this section continues shall be con- sidered'a separate offense. PASSED AND APPROVED this 2nd day of May, 1983. ATTEST ORDINANCE NO. 83/16 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 3, "SECURITY SYSTEMS," OF CHAPTER 4, "BUSINESS REGULATIONS", OF THE CODE OF ORDINANCES; REQUIRING A PERMIT FOR THE INSTALLA- TION AND USE OF SECURITY ALARM SYSTEMS; PROVIDING FOR ISSUANCE AND CANCELLATION OF PERMITS; PROVIiDING FOR IN- STALLATION, OPERATION, AND MAINTENANCE OF SECURITY SYSTEMS; PROVIDING FEES FOR FALSE ALARMS; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Section 3, "SECURITY SYSTEMS", of Chapter 4, "BUSI- NESS REGULATIONS", of the Code of Ordinances of the City of University Park, be and it is hereby amended to read as follows: A. DEFINITIONS Section 3. SECURITY SYSTEMS In this Section, the following words and phrases shall be defined as follows: (1 Alarm system means a device or system which transmits a signal intended to summon aid in 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. (2 Alarm site means a single premises or location served by an alarm system. (3 Chief means the chief of police of the City of University Park or his authorized representative. (4) False alarm notification means an alarm notification to the police or fire departments when the responding per- sonnel find no evidence of robbery, burglary, personal hostage, fire or medical emergency, or attempted robbery, burglary, or personal hostage. (5) False fire alarm notification means an alarm notification to the fire department when the responding fire personnel find no evidence of fire or smoke. (6) Local alarm means an alarm system that emits a signal at an alarm site which is audible or visible from the exterior of the alarm site. (7) Person means and includes an individual, corporation, partnership, association, or similar entity. PERMIT REQUIRED The owner or person in control of a premises commits an offense if he installs an alarm system or possesses an activated alarm system without first obtaining a permit from the chief. A sep- arate permit is required for each alarm site. ORDINANCE NO. 83/16 Continued C. APPLICATION; FALSE STATEMENTS; ISSUANCE; TRANSFERABILITY; PERMIT FEES (1) The application for a permit shall contain the follow- ing information: (a) name, business address, home address, business telephone number, and ~home telephone number of the person in whose name the permit is requested; (b) name, business telephone number, and home tele- phone number of two persons who 'are authorized and have agreed to" receive n~tification at any time from responding police or fire personnel to come to the alarm site within thirty (30) minutes after receiving such notification. (c) classification of the alarm site as residential, commercial, or banking institution; (d) purpose of the alarm, i.e., burglary, robbery, fire, or emergency medical assistance; (e) any other information required by the chief to insure compliance with all provisions of this chapter. (2) The permit holder shall notify the chief of any change in the information contained in the application within five (5) days of such change. (3) If the application complies with all requirements of this chapter, the chief shall issue a permit. (4) 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 it has been issued[ (5 A permit is not assignable or transferable to another person. (6 (7 A permit shall be valid for a period of one calendar year from the date of issuance. At the end of such one- year period, the permit shall no longer be valid for any purpose, and a new application shall be made and permit fee paid. A non-refundable fee of $25 shall be paid by the appli- cant prior to the issuance of a permit. AUTOMATIC SHUTOFF REQUIRED A local alarm installed after September 1, .1983, shall be designed and maintained to terminate the audible signal within fifteen'minutes of activation. A local alarm which sounds for a period in excess of fifteen minutes shall con- stitute prima facie proof that the permit holder has vio- lated this subsection. MAINTENANCE OF SYSTEM The permit holder shall maintain the alarm system in such a manner as to assure proper operation and to minimize false alarm notifications. ORDINANCE NO. 83/16 Continued F. MANUAL RESET REQUIRED The 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. G. 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 Pri- vate Security Agencies. H. 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. I. ALARM DISPATCH RECORDS The chief shall maintain a written record of all alarm noti- fications, including but not limited to the following: (a) name of permit holder; (b) location of alarm site; (c) date and time of alarm notification; (d) name and badge number of the responding police officer or firefighter in charge of the response; (e) weather conditions; and (f) whether the notification was a false alarm notification. FEES FOR FALSE ALARM NOTIFICATIONS (1) The permit holder shall pay a fee of $25 for each false alarm notification, other than a false fire alarm noti- fication, except as follows: For alarm systems in existence and use at the beginning of the permit period, no fee shall be assessed for the first 5 false alarm notifications received during such permit period. For alarm systems which have not been in existence and use prior to the beginning of the permit period, no fee shall be assessed for false alarm noti- fications received during the first 30 days of the opera- tion of the system, and the first 5 false alarm notifi- cations after the expiration of such 30-day period. (2) The permit holder shall pay a fee of $100 for each false fire alarm notification, except as follows: For alarm systems in existence and use at the beginning of the permit period, no fee shall be assessed for the first 3 false fire alarm notifications received during such permit period. For alarm systems which have not been in existence and use prior to the beginning of the permit period, no fee shall be assessed for false fire alarm notifications received during the first 30 days of the operation of the system, and the first 3 false fire alarm notifications received during the permit period after the expiration of such 30-day period. ORDINANCE NO. 83/16 Continued (3) 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 chapter. The city manager shall then send to the permit holder, at the address stated on the applica- tion, a statement for fees due. Such fees shall be paid by the permit holder within 30 days of the date of the statement, and are delinquent after such 30- day period. K. REVOCATION.OF PERMIT The chief shall revoke an alarm permit if he .determines that: (a) there is a false statement of a material nature in the application for a permit; (b) the permit holder has violated any provision of this chapter; or (c) the permit holder is delinquent in payment of fees for false alarm notifications. L. APPEAL FROM DENIAL OF ISSUANCE OR REVOCATION OF 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 re- quested,, written notice of his action, the reasons for his action, and a statement of the right 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 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 10-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 inter- ested person. The formal rules of evidence do not apply at the appeal hearing. The city manager shall base his decision on a preponderance of the evidence, and may affirm, reverse, or modify the decision of the chief. (3) The city manager shall make his decision on the matter and notify the applicant or permit holder of his decision in writing within 15 days of the.hearing. The decision of the city manager is final as to admin- istrative remedies with the city. M. VIOLATIONS; PENALTIES 1) A person commits an offense if he violates by commis- sion or omission any provision of this chapter that imposes upon him a duty or responsibility. Each day or portion of a day in which the violation exists or is committed shall constitute a separate offense. ORDINANCE NO. 83/16 Continued (2) Each offense is punishable by a fine of not less than $50 nor more than $200. EFFECTIVE DATE This chapter amendment shall become effective on September 1, 1983. SECTION II THAT, Chapter 4, "BUSINESS REGULATIONS", shall remain in full force and effect, save and except as amended herein. SECTION III THAT, Section 6', "SEVERABILITY OF PARTS OF CODE", of Chapter I, "GENERAL PROVISIONS", of the Code of Ordinances, shall apply.~ SECTION IV THAT, this ordinance shall take effect September 1, 1983, and it is accordingly so ordained. PASSED AND APPROVED this 2nd day of May, 1983. ATTEST: ~'\ CITY; MANAGER-CLERK ORDINANCE NO. 83/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 18(C) (1), AMBULANCE FEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 18(C)(1), of the Code of Ordinances, City of University Park, Texas, is hereby amended as follows' C. Emergency Ambulance Service Fees (1) A fee of eighty-five dollars ($85.00) shall be charged per trip per person for the trans- portation by emergency ambulance of a person or persons to a hospital providing medical, if such hospital is located within the city limits of Dallas and if the call is in re- sponse to a call received by the fire depart- ment for emergency ambulance service. In the event the person requesting the service requests transportation beyond the city limits of Dallas, the charge shall be eighty-five dollars ($85.00) per trip per person plus one dollar fifty cents ($1.50) per mile beyond the city limits beyond such city limits to the destination. In all cases, whether one (1) person or more than one (1) person is transported in the same ambulance, the per trip charge applies to each individual. PASSED AND APPROVED this the 19th day of May, 1983. ATTEST' \ CITY MANAGER-CLERK ORDINANCE NO. 85/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING CHAPTER 1, SECTION 17, EMERGENCY MANAGEMENT, ESTABLISHING A COMPREHENSIVE PROGRAM WHICH INCLUDES THE MITIGATION, PREPAREDNESS, RESPONSE, AND RECOVERY PHASES OF CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR; APPOINTING A CITY EMERGENCY MANAGEMENT COORDINATOR; AND PROVIDING THE DUTIES AND RESPONSI- BILITIES OF THOSE OFFICES; IDENTIFYING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 1, Section 17, of the Code of Ordinances is hereby amended and supplemented to read as follows: Ao The following positions are hereby created for the purpos~ of establishing, coordinating, and operating a civil defense and disaster relief program: Emergency Management Director of the City of University Park. In accordance with the executive order of the Governor of the State of Texas, this position shall be held by the Mayor or the presiding officer of the Board of Commissioners. The Director shall be responsible for insuring that a comprehensive emergency management program is established within the City. Emergency Management Coordinator for the City of University Park. This position shall be held by the Chief of Police and Fire. The Chief shall be responsible for administering a comprehensive emergency management program within the City in accordance with the powers, duties, and responsibilities set out below. The Chief may delegate the day to day responsibilities of this position to any other officer or employee of the City. g o C o In the event of a disaster, the Emergency Management Director and the City Emergency Coordinator shall be immediately notified. A state of emergency may be declared by the Emergency Management Director upon the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, wind, storm, water contamination, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or para-military action, other public calamity requiring emergency action, or energy emergency. Upon declaration of a state of emergency, the Director shall authorize the City Emergency Coordinator to put into effect the plan for handling such an emergency. A state of emergency may not be continued or renewed for a period in excess of seven days except by or with the consent of the Board of Commissioners. Any order or proclamation declaring, continuing, or terminating a state of emergency shall be given prompt and general publicity and shall be filed promptly in the office of the city clerk. Emergency response activities will be coordinated from the Emergency Operating Center (EOC), which is located in the communications room at City Hall, 3800 University Boulevard in University Park, Texas. The EOC will be activated by the City Manager-Clerk upon notification of a possible or actual emergency. 189 ORDINANCE NO. 83/18 (continued) The Mayor of the City of University Park, as Emergency Manage- ment Director, is responsible for assuring that coordinated and effective emergency response systems are developed in accordance with Article 6889-7, Section 8(g) of West's Texas Statutes and Codes. The emergency management organization is further defined by a document to be entitled, "Emergency Management Plan for the City of University Park". De The Mayor, as Emergency Management Director, shall request outside help and assistance from other political jurisdictions or volunteer groups, to be used as adjunct to existing city services, when outside assistance is necessary. Assignment of emergency functions and responsibilities shall be as follows: (1) (2) The Mayor and Board of Commissioners have primary responsibility for the following' (a) Declaring a state of emergency when required. Implementing the emergency powers of local government. (c) Making emergency policy decisions. (d) Providing emergency information to the citizenry through the public information officer. Directing the overall preparedness program for the city. (f) Requesting outside assistance from state or federal governments. Appointing the Emergency Management Coordinator, who shall be the Chief of Police and Fire unless otherwise designated. The City Manager-Clerk has primary responsibility for the following- (a) Directing the emergency operational response of city services. (b) Coordinating the activities of outside agencies called in to assist. (c) Acting as a staff advisor to the Mayor and Board of Commissioners on emergency matters. (d) Supporting the overall preparedness program in terms of its budgetary and organizational re- quirements. (e) Implementing .the 'policies and decisions of the governin~g bodY. (f) Serving as controller of the E©C during its activation. (g) Assuring that all city departments develop, maintain, and exercise their respective services during an emergency. The Emergency Management Coordinator is responsible for the following- ORDINANCE NO. 83/18 (continued) (a) (c) (d) (e) (f) (h) (i) (J) Serving as a staff assistant to the Mayor, Board of Commissioners, and City Manager-Clerk on emergency matters. Coordinating the primary and general prepared- ness activities of the city. Serving as liaison between the city and state preparedness organizations. Insuring the operation of the EOC. Maintaining an emergency plan entitled, "Emergency Management Plan for the City of University Park", which shall be periodically updated and distri- buted to all city employees. Keeping the Mayor, Board of Commissioners, and City Manager-Clerk advised of the city's current preparedness status and future needs· Initiating and monitoring the increased readiness actions among the city services when disaster- threats occur. Preparing and maintaining a resource inventory. Maintaining liaison with volunteer groups and private groups. Analyzing the emergency training needs of the city and arranging for the training necessary. The operational emergency management organization of the City of University Park shall consist of the officers and employees of the City so designated by the Coordinator in the emergency management plan, as well as all organized volunteer groups. The functions and duties of this organization shall be distri- buted among such officers and employees in accordance with the terms of the emergency management plan. Such plan shall set forth the form of the organization, establish and designate divisions and functions, assign tasks, duties and powers, and designate officers and employees to carry out the provisions of this ordinance. Insofar as possible, the form of organi- zation, titles, and terminology shall conform to the recom- mendations of the State Division of Emergency Management of the State of Texas and of the Federal Government. At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing orders, rules, and regulations insofar as the latter may be inconsistent therewith. Ho This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule, or regulation. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety, and neither the City of University Park, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or ORDINANCE NO. 83/18 (continued) other premises who voluntarily and without compensation grants to the City of University Park a license of privilege, or other- wise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual~ impending or practice enemy attack shall~ together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. Except as specifically authorized or otherwise allowed by State Law and Ordinances of the City of University Park~ no person shall have the right to expend any unappropriated or unbudgeted public funds of the City in carrying out any emergency manage- ment activity authorized by this ordinance without prior approval by the Board of Commissioners, nor shall any person have any right to bind the City by contract, agreement, or otherwise without prior and specific approval of the Board of Commissioners. Ko It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organi- zation in the implementation and operation of the emergency management plan. It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the City of University Park, unless authority to do so has been granted to such person by the proper officials. Convictions for violations of this ordinance shall be punishable by a fine not to exceed two hundred dollars ($200.00). g o If any part of this ordinance shall~ for any reason, be declared invalid, such invalidity shall not affect the remaining provisions thereof. Ail ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. PASSED AND APPROVED this the 19th day of May~ 1983. ATTEST' CITY MANA~GER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 30) AN ORDINANCE AMENDING AND SUPPLEMENTING THE COMPREHEN- SIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, KNOWN AS ORDINANCE NO. 77/328, ADOPTED BY THE BOARD OF COMMISSIONERS ON NOVEMBER 9, 1977, WHICH AMENDMENT PROVIDES FOR A SPECIFIC USE PERMIT ON THE FOLLOWING DESCRIBED PROPERTY: SOUTH PART OF BLOCK 7, UNIVERSITY PARK ESTATES ADDITION, KNOWN AS 6601 TURTLE CREEK BOULEVARD. WHEREAS, William R. Cooper, present owner of 6601 Turtle Creek Boulevard, has requested a specific use permit for a tennis court on the northwest corner of his property; and WHEREAS, the Planning and Zoning Commission held a public hearing on the specific use permit on May 3, 1983, and recommends the specific use permit with certain restrictions; and WHEREAS, after official notice, a public hearing as required by law was held by the Board of Commissioners on May 19, 1983; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is amended and supplemented as follows' Ao THAT, the specific use permit, as filed with the Building Department, be approved on the property on the northwest portion of 6601 Turtle Creek Boulevard or further described as the south part of Block 7, University Park Estates Addition, subject to the following: (1) THAT, the tennis court be constructed with a twelve foot (12') chain link fence and six (6) twenty-four foot (24') high poles with lights; and (2) THAT, the lights be of an approved type which has a minimum of light drift away from the court proper; and (3) THAT, the owners observe a curfew of 10'00PM on Monday, Tuesday, Wednesday, Thursday, and Sunday, and of ll'00PM on Friday and Saturday; (4) THAT, the appendix listing of specific use permits be amended by adding the following' SPEC IF lC USE PERMIT NO. TYPE OF USE S-5 Tennis Court ORDINANCE NO. 77/328 (AMENDMENT NO. 30) (continued) SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amended ordinance. SECTION III THAT, save and except for the amendment and addition contained in this Order, each and every term, condition, and section of the Comprehensive Zoning Ordinance of the City of University Park shall remain in full force and effect. PASSED AND APPROVED this the 19th day of May, 1983. ATTEST' ~; ~ , .., CITY MAnAGER-CLERK /' ORDINANCE NO. 77/32~ (AMENDMENT NO. 31) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING APPENDIX A, ZONING ORDINANCE, BY AMENDING SECTION 10-102, SPECIAL HEIGHT REGULATIONS, SECTION 21-101(24) GENERAL DEFINITIONS (HEIGHT), AND SECTION 21-101(40) GENERAL DEFINITIONS (STORY), AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, the Comprehensive Zoning Ordinance of the City of University Park is hereby amended or supplemented to read as follows: SECTION 10 10-102 Special Height Regulations In the districts where the height of buildings is restric- ted to two (2), two and one-half (23), or three (3) stories, cooling towers, chimneys, radio and television antennae, and vent stacks may extend for an additional height provided that the total not exceed forty feet (40') above the average grade line of the building. Roof gables in zoning district P, Parking District; UC, University Campus; O, Office; GR, General Retail; RC, Retail Center; SC, Shopping Center; C, Commercial; and PD, Planned Development may extend for an additional height provided that the total may not exceed forty feet (40') above the average grade line of the build- ing. Water stand pipes and tanks, church steeples, domes and spires, school buildings, and institutional buildings may be erected to three (3) stories in height in residential areas provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed two (2) stories in height. SECTION 21 21-101 (24) Height The vertical distance of a building measured from the estab- lished grade at the street line or from the average natural front yard level, whichever is higher, to (1) the highest point of the roof's surface, if a flat surface, or hip and gable roofs in Districts SF-1, SF-2, SF-3, SF-4, SF-A, 2F-l, 2F-2, MF-1, MF-2, and MF-3, (2) to the deck line of mansard roofs, or (3) to the mean height level between eaves and ridge for hip and gable roofs in Districts P, UC, O, GR, RC, SC, C, and PD, and in any event, excluding chimneys, cooling towers, elevator bulkheads, penthouses, tanks, water towers, radio towers and antennae, ornamental cupolas, domes, spires, and parapet walls not exceeding ten feet (10') in additional height. If the street grade has not been officially estab- lished, the average front yard grade shall be used for a base level. 21-101(40) Story The height between the successive floor of a building or from the top floor to the roof. The standard height for a story is eleven feet (11'), six inches (6"). A half- story is a space under a roof, which has a slope from at least two sides, with a height of such story not exceeding eight feet (8') and a floor area not greater than seventy- five percent (75%) of the floor on the story immediately below. Parking which is depressed below the average grade or which is at grade and both below the structure and en- closed shall not be considered a story when computing stories in the zoning ordinance. ORDINANCE NO. 77/32g (AMENDMENT NO. 31) (continued) THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 19th day of May, 1983. \ ATTEST' CITY ORDINANCE NO. 83/19 AN ORDINANCE AMENDING CttAPTER 11 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SECTION 5.C., CLARIFYING WATER CHARGES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 11 of the Code of Ordinances is hereby amended by adding a section to be numbered Section 3.C., which said section shall read as follows' C o Any duplex or multi-family dwelling, which is served by a single water meter, shall be billed a minimum charge for each unit, occupied or vacant. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 6th day of June, 1983. ~-A~TEST: CITY ~NAGER-CLERK ORDINANCE NO. 83/20 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES BY ADDING SECTION 19, REGULATING MINIMUM STANDARDS OF FIRE RESISTIVE CONSTRUCTION AND FIRE RESISTIVE MATERIALS OF ALL COMMERCIAL OCCUPANCIES, FLOOR AREA OR HEIGHT OF THE BUILDING AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 5 of the Code of Ordinances of the City of University Park, Texas, is amended by adding Section 19. This shall change the provisions of Table 5-C, Chapter 5 of the 1982 Uniform Building Code as follows: Section 19. Minimum fire resistive standards regulating construction and fire resistive materials of all commercial occupancies. The structural elements, ceiling walls, permanent partitions and attachments of all new, repaired or improved commercial occupancies shall be minimum one hour fire resistive construction, this shall not in- clude the wall of any such occupancy fronting a street where adjacent building of a structure would be pro- hibited. Ordinary wood shall not be permitted in use of construction, except as trim, shelving, desks, and cabinets not part of the permanent structure. A two foot (2') minimum clearance from ceiling, where ceil- ing and wall converge, shall be maintained for those exceptions listed. Fire resistive wood may be used as accepted by the Fire Marshal and Building Official. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of June, 1983. ATTEST' ACTING CITY MANAGER ORDINANCE NO. 83/21 AMENDING CHAPTER 1, SECTION 19 J. OF THE CODE OF ORDI- NANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, WHICH PROVIDES FOR THE RENTAL OF THE GOAR PARK PAVILION AND ALSO PROVIDES A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 1, Section 19 J. of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' J. RENTAL OF GOAR PARK PAVILION (1) City related functions shall have the first priority on the pavilion and shall use the pavilion without charge. (2) Bona fide residents of University Park may use the pavilion for personal use for twenty dollars ($20.00) during daytime use (9:00 a.m. to 5:00 p.m.) and for thirty dollars ($30.00) for evening use (5:00 p.m. to 11:00 p.m.). (3) All other groups who use the pavilion for per- sonal use, except those specified in the following section, shall pay forty dollars ($40.00) for day- time use and eighty dollars ($80.00) for evening use. (4) All applicants that desire to use the facility for business, commercial or professional gatherings for their own personal use may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City the sum of $250.00 there- for, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. (5) There shall be a forty-five dollar ($45.00) charge if installation of a public address system is required by the person renting the pavilion. (6) Ail users of the facility, excluding the July 4th Parade Committee, shall follow the procedures listed below' (a) A request for a reservation must be made to a representative of the city manager-clerk who shall determine the priority of the requests if more than one is received for any time period. (b) A permit shall be issued by the reservation clerk stating the time, date, fee and amount of deposit and any other pertinent information desired by the City. (c) Ail users, except City related users, shall deposit a fee of two-hundred fifty ($250.00) dollars with the reservation clerk. Such deposit is to cover the costs of any necessary clean-up or vandalism during the rental period of an applicant. The chief of police/fire shall designate a person to inspect all premises after usage and sign a deposit release ORDINANCE NO. 83/21 (continued) if clean-up is not necessary or vandalism has not occurred. The accounting department will subsequently refund such deposit if a waiver is signed by the chief's representa- tive. (d) Under Chapter 1, Section 19.D of the Code of Ordinances, alcoholic beverages are prohibited. (e) Music may be played only between the hours of 9:00 a.m. and 10:00 p.m., under the terms of Chapter 7, Section 3, Code of Ordinances. (f) Vehicles will not be allowed in the park because of the irrigation system. (g) All permits must be obtained in person and such individual must sign such permit indicating that he/she agrees to the terms of the permit, the deposit restrictions, and the Ordinances of the City of University Park. (h) Decorations cannot be used on the pavilion that would tend to deface the structure such as, but not limited to, staples, tacks, crepe paper, or any material that will stain. (i) Any open flame, candle, torch, etc., cannot be used in the pavilion and use of any decoration or equipment must meet approrpiate fire and elec- trical codes. (7) Users can be excluded by the city manager-clerk from use of the facility for the following reasons: (a) From the past history, the organization requesting the use tended to incite disorder. (b) That the organization or its programs do not meet the generally accepted community standards for morality. (c) That the potential user has been denied the use of any public facility in University Park or in the area constituting the Highland Park Independent School District. (d) That it is a political organization which is not eligible to be on the ballot of the State of Texas, excluding organizations that are en- tirely engaged in electing candidates for the Board of Commissioners or the school board. (e) That the chief of police and fire finds the members of the organization requesting the use of poor moral character. (f) That a particular group has requested use of a certain time period to the exclusion of all other groups wanting such time period. (8) Ali monies received from the use of the pavilion shall be kept in a separate account, whether fees or deposits, and such money shall be used for the mainte- nance of the pavilion. Any money received in excess of the maintenance cost shall be spent in the park system for permanent trees or other improvements. (9) The city manager shall determine the category of charge when there is an interpretation needed. ORDINANCE NO. 83/21 (continued) (10) All decisions in regard to the category of the fee, the non-refund of any portion of the deposit or the denial of the use of the facility can be appealed to the Board of Commissioners at the next regularly scheduled meeting, if the applicant so desires. (11) No group or individual may use the pavilion without first having obtained a permit. SECTION II THAT, Section 1-5, General Penalty Provisions, and Section 1-6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of June, 1983. ATTEST' ORDINANCE NO. 83/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE INSTALLATION OF TRAFFIC SIGNALS AT HILLCREST AVENUE AND BINKLEY AVENUE, AND THE SOUTHERN METHODIST UNI- VERSITY PARKING LOT ENTRANCE/EXIT ON THE EAST SIDE OF HILLCREST AND PROVIDING A PENALTY. BE IT ORDIANED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, in accordance with Chapter 10, Section 16, Code of Ordinances of the City of University Park, Texas, the Board of Commissioners authorizes the installation and maintenance of electric traffic control signal or lights at the following intersection: (1) Hillcrest Avenue and Binkley Avenue SECTION II THAT, all of the regulations described for traffic lights in Chapter 10, Section 2, of the Code of Ordinances shall apply to the intersection named herein. SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 21st day of July, 1983. CITY MANAGER-CLERK ORDINANCE NO. 83/23 AN ORDINANCE AMENDING CHAPTER ll, SECTION 2.F. OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, IN REGARD TO WATER CUT OFF FOR NONPAYMENT OF BILLS, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK' SECTION I THAT, Chapter 11, Section 2.F. of the Code of Ordinances of the City of University Park is hereby amended and supple- mented to read as follows' F. WATER CUT OFF FOR NONPAYMENT OF BILLS When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten percent (10%) penalty, and a collection or reconnection charge of $10.00 is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 18th day of August, 1983. ATTEST ' CITY MANAGER-CLERK ORDINANCE NO. 83/24 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES BY ADDING SECTION 20, REGULATING MINIMUM STANDARDS OF TYPE AND APPLICA- TION OF WOOD SHINGLES, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 5 of the Code of Ordinances is hereby amended by adding Section 20, which said section shall read as follows' SECTION 20. Minimum Fire Resistive Standards Regulating Type and Use of Wood Shingles, Shakes, Installed on All Occupancy Types. Ail wood shingles or shakes approved for use shall be a manufacturer pressure treated salt impregnated type, all classified as fire resistive. An alternate application shall be of ordinary wood shingle, if under decking is completely sealed with a minimum layer of ~ inch X type exterior gypsum board installed in an approved manner. SECTION II THAT, Chapter 1, Section 5, General Penalty and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 18th day of August, 1983. ATTEST · CITY MANAGER-CLERK ORDINANCE NO. 83/25 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1983 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, for the year 1983, it is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1983, and not exempted by the Constitution and laws of the State of Texas, an ad valorem tax of thirty-nine cents ($ .39) on each and every one- hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $ .31 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expesnes thereof. $ .08 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebted- ness of the City of University Park, and provi- ding a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions, for the 1983 tax year, the Board of Commissioners authorized a general homestead exemption of forty percent (40%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional-provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1983 levy. PASSED AND APPROVED this 6th day of September, 1983. ATTEST: CITy?, MANAGER-CLERK ORDINANCE NO. 83/26 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, AUTHOR- IZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, the City Manager-Clerk as Budget Officer, under Chapter 8, Section 2.1. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover ex- penditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1983, and ending September 30, 1984, under full compliance with budgetary requirements of Article 689, a-13, West's Texas Statutes and Codes. SECTION II THAT, the preliminary budget was filed in the office of the Assistant City Clerk on August 8, 1983, and such filing was thirty (30) days prior to September 30, 1983. SECTION III THAT2 a notice of a public hearing for September 6, 1983, at 7:30 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of this budget of the City of University Park is marked and filed in the office of the Assistant City Clerk. PASSED AND APPROVED this 6th day of September, 1983. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 85/27 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, CLOSING ST. ANDREWS DRIVE EAST OF PRESTON ROAD DURING CERTAIN BANKING HOURS. WHEREAS, St. Andrews Drive is a public right-of-way between Preston Road and Normandy Avenue; and WHEREAS, the InterFirst Bank Park Cities wishes to build a bank building and drive facility which will ingress and or egress from St. Andrews; and WHEREAS, the residents abutting said street and using it for access have petitioned the Board of Commissioners to close the street during banking hours. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECTION I THAT, St. Andrews Drive, approximately one hundred feet east of the point where it intersects with Preston Road, be closed during banking hours with appropriate devices and markings which comply with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. SECTION II THAT, any violations of the provisions of this ordinance shall be punished by a fine not to exceed two hundred ($200) dollars. PASSED AND APPROVED this 6th day of September, 1983. ORDINANCE NO. 85/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 5, GENERAL PENALTY FOR VIOLATIONS OF THE CODE OF ORDINANCES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK: SECTION I THAT, Chapter 1, Section 5, of the Code of Ordinances of the City of University Park is hereby amended to read as follows: SECTION 5: GENERAL PENALTY FOR VIOLATIONS OF CODE Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine of not exceeding two hundred ($200.00) dollars, except for violations of municipal ordinances that govern fire safety, zoning, and public health and sanitation (not including vegetation and litter violations), in which cases a fine not to exceed one thousand ($1,000.00) dollars is autho.rized by state law; provided, however, that no penalty shall be greater or less than the penalty proVided for the same or similar offense under the laws of the state. Each day any violation of this Code or of any ordinance shall continue shall consti- tute a separate offense. PASSED AND APPROVED by the Board of Commissioners of the City of University Park this the 19th day of September, 1983. · ATTEST: \ , ~ CITY ICANAGER-CL~ERK / / / GRADE 46 46 45 42 42 42 42 40 40 40 4O 39 39 38 38 38 38 37 36 36 36 35 35 35 35 34 34 34 34 34 34 33 33 32 32 32 32 32 32 32 32 31 31 31 31 31 ORDINANCE NO. 83/29 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: 1. Pay Plan FIRST MID THIRD POSITION MINIMUM QUARTILE POINT QUARTILE Director of Public Works 2943 3334 3725 4116 Chief of Police & Fire 2943 3334 3725 4116 Director of Finance 2798 3159 3520 3881 Public Works Engineer 2377 2656 2935 3214 Assistant to City Engineer 2377 2656 2935 3214 Fire Marshal/Ass't. Chief 2377 2656 2935 3214 Police Captain 2377 2656 2935 3214 Bldg. Official/Traffic Supt. 2107 2339 2570 2801 Adm. Coord/Parks & Sanitation 2107 2339 2570 2801 Police Lieutenant 2107 2339 2570 2801 Fire Training Chief 2107 2339 2570 2801 Tax Collector 1976 2186 2395 2605 Personnel/Purchasing Manager 1976 2186 2395 2605 Police Sergeant 1847 2036 2225 2414 Fire Captain 1847 2036 2225 2414 Quality Control Training Officer 1847 2036 2225 2414 Support Services Supervisor 1847 2036 2225 2414 Mechanic Foreman 1700 1880 2060 2230 Adm. Ass't. - Finance 1596 1748 1900 2052 Water Department Manager 1596 1748 1900 2052 Multiple Building Inspector 1596 1748 1900 2052 Assistant City Clerk 1474 1610 1745 1880 Assistant Building Official 1474 1610 1745 1880 Utility Foreman 1474 1610 1745 1880 Lead Mechanic 1474 1610 1745 1880 Foreman 1356 1475 1595 1715 Utility Worker I 1356 1475 1595 1715 Dispatcher 1356 1475 1595 1715 Mechanic Welder 1356 1475 1595 1715 Adm. Ass't. Parks & Sanitation 1356 1475 1595 1715 Building Inspector 1356 1475 1595 1715 Utility Worker II 1240 1345 1450 1555 Data Processor 1240 1345 1450 1555 Traffic Technician 1127 1219 1310 1402 Animal Control 1127 1219 1310 1402 Warehouseman 1127 1219 1310 1402 Night Maintenance 1127 1219 1310 1402 Sign Maker 1127 1219 1310 1402 Utility Worker III 1127 1219 1310 1402 Welder 1127 1219 1310 1402 Police Secretary 1127 1219 1310 1402 Court Clerk 1016 1096 1175 1254 Transfer Driver 1016 1096 1175 1254 Night Maintenance Ass't. 1016 1096 1175 1254 Park Mechanic 1016 1096 1175 1254 Clerk Typist 1016 1096 1175 1254 MAXIMUM 4507 4507 4242 3493 3493 3493 3493 3033 3033 3033 3033 2814 2814 2603 2603 2603 2603 2400 2204 2204 2204 2016 2016 2016 2016 1834 1834 1834 1834 1834 1834 1660 1660 1493 1493 1493 1493 1493 1493 1493 1493 1334 1334 1334 1334 1334 GRADE 31 31 31 31 31 31 31 31 31 31 31 30 30 30 30 30 30 30 30 30 30 29 POSITION FIRST MID THIRD MINIMUM QUARTILE POINT QUARTILE MAXIMUM Cashier/Clerk Tax Clerk Clerk Service Center Secretary Ass't. Warehouseman Tire Repair Lubeman Welder's Helper Commercial Driver Gardener II Sprinkler Gardener Residential Driver Receptionist/Operator Utility Clerk/Mailroom Street Painter Sanitation Inspector Janitor Utility Worker IV Gardener III Court Clerk II Sign Installer Sanitation Helper 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 1016 1096 1175 1254 1334 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 909 977 1045 1113 1181 870 935 1000 1065 1130 UNIFORMED Fire Lieutenant Ambulance Lieutenant Fire Inspector Paramedic C orp ora 1 / Inve st igat or Fire Driver/Engineer Motorcycle/Patrol Officer Fire Driver/Engineer II Ho s e man 1732 1875 1956 2038 2140 1732 1875 1956 2038 2140 1732 1875 1956 2038 2140 1732 1875 1956 2038 2140 1653 1789 1867 1945 2043 1588 1720 1794 1868 1962 1588 1720 1794 1868 1962 1557 1685 1759 1833 1926 1502 1627 1697 1769 1857 2. Pay Plan Administration: The pay plan presented herein defines the range of pay for each position in the City. Individual rates of pay will be determined by employee perfor- mance. Each department will have five percent (5%) of its mid-point salary budget to be used for the allocation of merit raises. Performance appraisals will be conducted on the date of hire anniversary of each employee. Based on the performance rating of the employee, and the Department Head's plan of allo- cation, the employee may be recommended for a merit increase at this time. Employee evaluations will be based on job related performance measures. The mid-point in this pay plan represents the market competitive rate of pay for a fully competent perfor- mer. 3. Probationary Period: The probationary period is one year under normal cmrcumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a probationary period or prevents any depart- ment head or supervisor from delaying step raises or not giving step raises for just and compelling reasons. 4. Budgetary Purposes: For budgetary purposes, the mid-point of the pay plan shall be used. 5. Emergency Service Plan: Because of emergency condi- tions in the utility area, the Utility Supervisor will designate one three-person crew which is available for call for a week at a time (7 days), twenty-four hours per day. For such availability, each member of such crew will receive up to thirty-eight dollars and fifty cents ($38.50). The amount of such bonus to be deter- mined at the discretion of the Director of Public Works. Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. 6. Incentive Pay for Hourly Employees: Each hourly employee, working at the Service Centers of the City of University Park, will receive a bonus of $12.00 per week if the employee works a regularly scheduled forty (40) hour work week and reports to work on his or her scheduled time the next Monday. Any hourly employee who misses a portion of the week's work schedule because of sickness, tardiness or willful absence shall forfeit such bonus. Vacation, if scheduled and approved by the supervisor prior to taking~ and holidays do not require forfeiture if the employee works his or her scheduled forty (40) hours before or after such vacation or holidays. The above bonus is based on reducing absenteeism and conse- quently is not predicated on the reason for such absenteeism. 7. Longevity: Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. Ail other employees of the City, who are paid on a monthly basis, shall receive longevity pay at the same rate as police and fire personnel. Hourly employees shall receive longevity pay for each year of service at the rate of two and 3/10 cents ($.023) per hour up to a maximum twenty-five (25) years of service. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. 8. Excess of Forty (40) Hours: All employees not listed as exempt from overtime by Administrative Orders, shall receive pay at the rate of one and 1/2 times of base pay for all hours worked over forty (40) per week. Holidays count as a workday for the purposes of this section. 9. Compensatory Pay Time: It is possible to give com- pensatory pay time as long as the comp time off is given within a six-month period after such time is earned. Ail such time must be certified to and given to the payroll clerk for record keeping. Unless the department head and supervisor certify such accrued comp time, no such claims will be allowed subse- quently. 10. Application of Pay Plan: The pay plan, as outlined above, applies only to regular full-time employees except for the overtime provisions. 11. Plan Into Effect: This amended ordinance goes into effect as of October 1, 1983. 12. Interpretation: From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. Ail salaries not listed herein are eligible for merit increases, as outlined by their respective departments, unless otherwise designated by the Board of Commissioners. PASSED AND APPROVED this 19th day of September, 1983. CITY M~NAGER-CLERK ~ ' / / ORDINANCE NO. 83/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A FIRE LANE IN THE 4400 BLOCK OF MOCKINGBIRD PARKWAY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, in accordance with Chapter 10, Section 12 A. of the Code of Ordinances of the City of University Park, the following action is taken' A fire lane prohibiting parking on Mockingbird Parkway from Armstrong Parkway to Lomo Alto Drive STREET BLOCK DIRECTION Mockingbird Pky. 4400 South side of street The Chief of Police shall supervise the posting of signs so that the motoring public can readily discern such fire lane designation. SECTION I1 THAT, Chapter 1, Section 5, General Penalty Provision, and Chapter 1, Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 3rd day of October, 1983. ATTE ST · x\ MAYOR PR0 - TEM~_// CITY MA,NAGER-CLERK ORDINANCE NO. 83/31 AN ODINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CttAPTER 10 OF THE CODE OF ORDINANCES BY SUPPLEMENTING SECTION 23 E., IMPOUNDMENT FEES, AMENDING SECTION 24 H., WRECKER SERVICE FEES, AND SECTION 24 I., STORAGE FEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 10, Section 23 E.(a) is hereby amended to read as follows: E. IMPOUNDMENT FEES (a) For impounding a vehicle the actual cost as charged by the designated wrecker service providing the im- poundment plus a $10.00 administration fee. SECTION I I THAT, Chapter 10, Section 24 H. is hereby amended to read as follows: H. WRECKER SERVICE FEES (1) A designated wrecker company or another emergency wrecker company authorized by the chief of police to render specific services in a specific emergency shall charge the following fees for towing vehicles with a light-duty wrecker: (a) Twenty-seven dollars ($27.00) for towing a vehicle from a point within the city to another point within the city or to a point inside Highland Park. (b) Thirty-four dollars ($34.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and north of Inter- state 30. (c) Thirty-nine dollars ($39.00) for towing a vehicle from a point within the city to a point inside LBJ Freeway and south of Inter- state 30. (d) Forty-four dollars ($44.00) for towing a vechile from a point within the city to a point within Dallas County outside of LBJ Freeway and north of Interstate 30. (e) Forty-nine dollars ($49.00) for towing a vehicle from a point within the city to a point within Dallas County outside of LBJ Freeway and south of Interstate 30. (f) Fifteen dollars ($15.00) for performing a service which does not require that a vehicle be towed, including but not limited to adding fuel, prying a bumper from a tire, or other similar services. (g) Twenty dollars ($20.00) for using dollies in addition to other allowable charges. ORDINANCE NO. 83/31 (continued) (h) For towing a vehicle from a point within the city to a point not listed in subsections (a) through (f) of this section, $12.50 plus $1.50 per mile or fraction thereof. (i) Forty dollars ($40.00) per hour of recovery time, such time to begin fifteen minutes after the light-duty wrecker has arrived on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based on quarter hour increments. (2) The rates specified in paragraphs (a) through (i) in this subsection shall be doubled for heavy-duty wreckers. In addition to the specified rates for towing, a designated wrecker company is authorized to charge eighty dollars ($80.00) per hour for recovery time, such time to begin when the heavy- duty wrecker arrives on the scene, and to end when the vehicle is ready to be towed. Rates for fractions of an hour are based upon quarter hour increments. SECT ION III THAT~ Chapter 10, Section 24 I. is hereby amended to read as follows: I. STORAGE FEES A designated wrecker company shall charge the follow- ing fee for storing vehicles at its place of business' Five dollars ($5.00) per twenty-four hour period or fraction thereof for inside or outside storage. SECTION IV THAT~ all other articles of Chapter 10, Sections 23 and 24 of the Code of Ordinances remain as written. PASSED AND APPROVED this 3rd day of October, 1983. lvRYOR PRO -T~~ ATTE ST: ',, CITY ,' MANAgER-~CLERK ' ORDINANCE NO. 83/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 4, SEWER CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, Chapter 11, Section 4 A. of the Code of Ordinances is hereby amended to read as follows: A. The following sewer service charges are hereby established. (1) The sewer charge for each single-family, duplex, or multi-family dwelling shall be included in the water bill and calculated as follows: (a) Ail sewer charges are based on the use of water passing through the water meter. (b) Any duplex or multi-family dwelling, which is served by a single water meter, shall be billed a minimum charge for each unit, occupied or vacant, and any usage over the minimum shall be averaged over each unit of the dwelling as though each unit consumed the water the average indicates. (c) Any duplex or multi-family dwelling having individual water meters for each unit shall be treated, for sewer billing purposes, as though each were a single-family dwelling. (d) There shall be a five dollars and forty cents ($5.40) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at fifty-five cents ($0.55) per month per unit for the sewer fee. However, no sewage charge shall be billed for an excess of twenty thousand (20,000) gallons of water used per month for any one (1) dwelling unit. (f) Such sewer usage fee shall be billed on the average water usage of November, December, and January of the preceding year and the rates will be adjusted for the March billing of each subse- quent year. (g) The manager of the water department will make estimates in those situations where the average water consumption cannot be determined because of dead meters, estimation of reads, and other related problems. If the consumer feels that such estimates made by the manager of the water department are incorrect, he may appeal the estimated reading to i~ the City Manager and ultimately the Board of Commis- sioners. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) A five dollar and forty cent ($5.40) minimum up to two thousand (2,000) gallons of water used per month. ORDINANCE NO. 83/32 (continued) (b) Seventy-one cents ($0.71) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. (c) Such sewer usage shall be billed on the average water used of November, December, and January of the preceding year and the rates will be adjusted for the effective billing of March of subsequent years. (3) For service to Southern Methodist University, sixty- six cents ($0.66) per one thousand (1,000) gallons of water used per month but that the monthly charge shall be based on the average of water used during January, February, March, October, November, and December pre- ceding the first (lst) day of January. SECTION II THAT, the effective date of the sewer charges enumerated in Section I shall be those rates billed on or after October 15, 1983. PASSED AND APPROVED this 3rd day of October, 1983. MAYOR PRO-:~' ~' ATTEST' CITY NANAGER-CLERK ORDINANCE NO. 83/33 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, SECTION 1.C.(13), AMENDMENTS TO BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADDING A PARAGRAPH TO SECTION 2905(f), RUNOFF WATER, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 3, Section 1.C.(13) of the Code of Ordi- nances is hereby amended to add the following paragraphs to the Building Code, Section 2905(f) - Runoff Water. It shall be required as a condition for granting a building permit to repair, remodel, enlarge or re- place a structure or install additional features such as swimming pools, drives, patios, etc., that the following standards be met and complied with; impervious areas of all lots shall be limited to those values specified for the following Zoning Districts: Single Family-1 25% Single Family-2 35.5% Single Family-3 40% Single Family-4 45% Single Family-Attached 63% Multiple Family 63% Ail others 90% Options available for compliance include on-site retention, utilization of perforated paving stone or other permeable material. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 3rd day of October, 1983. MAYOR PRO ~ CITY MANAGER-CLERK ORDINANCE NO. 83/34 AN ORDINANCE AMENDING CHAPTER 8, SECTION 6A. AND SECTION 8A. OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, IN REGARD TO HOLIDAYS AND THE APPLICATION OF SICK LEAVE FOR CITY EMPLOYEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 8, Section 6A. of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' Section 6. Official Employee Holidays The following days shall be officially observed by officers and employees of the City. (1) The first day of January in each year. (2) The last Monday in May, designated as Memorial Day. (3) The fourth of July in each year. (4) The first Monday in September of each year, designated as Labor Day. (5) The fourth Thursday in each November, desig- nated as Thanksgiving Day. (6) The afternoon of the twenty-fourth day of December, designated as Christmas Eve. (7) The twenty-fifth day of December of each year, being Christmas Day. (8) One floating holiday each year to be used at the choice of the employee. Such floating holiday will not be available to any employee until such employee has been on the payroll for at least six months. SECTION II THAT, Chapter 8, Section SA. of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' Section 8. Employee Sick Leave Benefits As part of the compensation for service rendered, each employee who has been employed full time for a period of no less than six (6) months, when re- quired to be confined to home or hospital because of illness or disability resulting from accidental injury, shall be paid at a rate of compensation equivalent to his last weekly payroll compensation, prior to such illness or disability. Such compen- sation is for the period of confinement or for the accumulated sick leave, whichever comes sooner. ORDINANCE NO. 83/34 (continued) SECTION III The effective date of these personnel changes shall be January 1, 1984. PASSED AND APPROVED this 26th day of October, 1983. ATTE ST' CITY MAnAGER-CLERK / / ORDINANCE NO. 83/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 21D. OF THE CODE OF ORDINANCES PROVIDING FOR THE APPOINTMENT OF ACTING JUDGES OF THE MUNICIPAL COURT. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 1, Section 21D. of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows' D. Appointment of Acting Judges in Absence of Judge. In case of temporary absence, sickness, disqualification, inability to act or the availability of the duly appointed judge, the governing body shall appoint a qualifed person, or persons, who shall discharge the duties of the judge and receive compensation as approved by such governing body. PASSED AND APPROVED this 26th day of October, 1983. ATTEST: ~,. CITY ~NAGER-CLERK / / 171 ORDINANCE NO. 83/36 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SUB-SECTION N, OF SECTION 2, OF CHAPTER 9 OF THE CODE OF ORDI- NANCES, PROVIDING FOR PERPETUAL COMMISSIONS OF MEMBERS OF POLICE RESERVE UNIT. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' Section 1. That Sub-Section N, "Expiration and Renewal of Commissions" of Section 2, "Police Reserve Unit'' of Chapter 9 "Police" of the Code of Ordinances of the City of University Park, Texas, be and it is hereby amended to read as follows: N. Term of Commissions. Ail Commissions for membership in said unit shall be perpetual in nature, subject to termination as pro- vided in this section. Section 2. That Chapter 9, save and except as amended herein, shall remain in full force and effect. PASSED AND APPROVED this 26th day of October, 1983. ATTEST. ORDINANCE NO. 77/328 (AMENDMENT NO. 32) AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY YL~KING THE FOLLOWING CHANGE IN THE ZONING DISTRICT MAP: REZONING LOT 1, BLOCK 11, HIGHLAND PARK HIGH SCHOOL ADDITION (KNOWN AS 4501-03-05 GLENWICK LANE) FROM SINGLE FAMILY-4 TO MULTIPLE FAMILY-2, AND PROVIDING A PENALTY. WHEREAS, on October 24, 1983, the Planning and Zoning Commission of the City of University Park held a public hear- ing on the application of Luther B. Weaver, William M. Kirkham, and James J. Ellis, owners, and recommended to the Board of Commissioners that the requested change in zoning be made in order to conform with the prevalent zoning of the immediately surrounding properties; and WHEREAS, on November 7, 1983, the Board of Commissioners of the City of University Park held a public hearing on the same application and recommendation. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECTION I THAT, the zoning of Lot 1, Block 11, Highland Park High School Addition is hereby changed from Single Family-4 to Multiple Family-2. SECTION I I THAT, the zoning district map is hereby amended to reflect this change in zoning. SECTION III THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 7th day of November, 1983. C ITY~4ANAGER-CL'ERK/ / ORDINANCE NO. 77/32~ (AMENDMENT NO. 33) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING APPENDIX A, ZONING ORDI- NANCE, BY AMENDING SECTION 9-101 LOT AREA, AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, the comprehensive Zoning Ordinance of the City of University Park is hereby amended to read as follows' 9-101 LOT AREA The minimum residential lot area for the various districts shall be in accordance with the following schedule, except that a vacant lot having less area than herein required which was an official "lot of record" prior to the adoption of this Ordinance may be used for a one-family dwelling. No lot existing at the time of passage of this Ordinance or there- after platted shall be reduced in area below the minimum requirements set forth herein: SECTION II THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 7th day of November, 1983. ORDINANCE NO. 77/328 (AMENDMENT NO. 34) AN ORDINANCE AMENDING APPENDIX A, SECTION 22-100, PENALTY FOR VIOLATIONS OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS~ BY PROVIDING A MAXIMUM PERMISSIBLE FEE OF $1,000. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' THAT, the Comprehensive Zoning Ordinance, Section 22-100, Penalty for Violations, is hereby amended to read as follows' 22-100 (First paragraph only) Any person violating or failing to comply with any of the provisions of this Ordinance shall be fined upon conviction not less than One Dollar ($1.00) nor more than One Thousand Dollars ($1,000.00), and each day any violation or non-compliance continues shall constitute a separate and distinct offense. PASSED AND APPROVED this 7th day of November, 1983. CITY ~NAGER-CLER~K / ? ORDINANCE NO. 83/37 AN ORDINANCE REQUIRING THE OWNER AND/OR OCCUPANT OF A LOT OR LOTS IN THE CITY OF UNIVERSITY PARK TO KEEP SAID LOT OR LOTS FREE FROM WEEDS, RUBBISH, BRUSH, AND ANY OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER OF ANY NATURE WHATSOEVER; PROVIDING FOR NOTICE TO BE GIVEN TO THE OWNER AND/OR OCCUPANT TO MAKE A LOT OR LOTS AND PREMISES SANITARY AND SIGHTLY; THAT THIS WORK MAY BE DONE BY THE CITY OF UNIVERSITY PARK AND CHARGE THE EX- PENSES INCURRED IN HAVING SUCH WORK DONE TO THE OWNER AND/OR OCCUPANT OF THE PROPERTY AS HEREIN PROVIDED; PROVIDING FOR A LIEN AGAINST SUCH LOT OR LOTS FOR SUCH IMPROVEMENT. WHEREAS, Article 4436, V.A.T.S. provides that the City shall have the authority to enact ordinances controlling unsightly and unsanitary matter on the lots in the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF UNIVERSITY PARK, TEXAS' THAT, Chapter 5, Section 17, is hereby deleted, including Sub- sections A, B, & C and in lieu thereof, the following sections of said ordinances are hereby in all respects adopted by the Board of Commissioners: Section 17. Weeds and grass and unsanitary matter A. Certain Conditions Prohibited' It shall be unlawful for the owner and/or occupant of any lot or premises in the City of University Park to allow or permit weeds or grass in excess of eight (8) inches in height to grow thereon, or permit rubbish, brush, or other objectionable, unsightly or unsanitary matter whatsoever to grow, accumulate or remain on any lot or property in this city. B o Notice to Owner to remedy or remove the condition generally' Whenever any condition described in the preceding section of this ordinance is found to exist on premises within the city, the owner and/or occupant of such premises shall be notified in writing to correct, remedy or remove the condition within ten (10) days after such notice is given. If such letter notice is not possible, notice may be made by publica- tion on two (2) occasions within a period of ten (10) consecu- tive days, in a newspaper of general circulation published within the city. Correction or removal of the condition by the city generally' In the event the owner and/or occupant of any lot or premises upon which condition described in Section A is not corrected, remedied or removed within ten (10) days after notice to do so is given in accordance with this ordinance, the city may do such work at the expense of the city on the account of owners of said premises and pay therefor and charge the expenses incurred to the o~.mer of such lot upon which such expenses is incurred. The doing of such work by the city shall not relieve the owner and/or occupant of said lot or lots from prosecution for failure to comply with such notice and violation of Section A and B of this ordinance. Filing of statement of expenses' Whenever any work is done by the city under the pro- visions of this ordinance, the Mayor or Health Official or Assistant Health Official, on behalf of the city, may file a statement of the expenses incurred thereby with the County Clerk. Such statement shall give the amount of such expenses, the name of the owner of such lot, a description of such lot or lots and the date or dates on which such work was performed. E. Lien for collection of expenses' After the statement provided for in Section D is filed, the city shall have a priviledged lien on said lot or lots upon which the work was done for the amount of such expenditure together with ten percent (10%) interest on such amount from the date of payment until repaid to the city, and a priviledged lien on said property second only to tax liens and liens for street improvements to secure the expenditures made by the city. For any such expendi- tures and interest that is aforesaid, a suit may be insti- tuted and foreclosure had in the name of the City of University Park and the statement made and filed in accord with Section D, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improve- ments. PASSED AND APPROVED this 7th day of November, 1983. CITY M~NAGER- CLERK ORDINANCE NO. 85/58 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 5, "SECURITY SYSTEMS", OF CHAPTER 4, "BUSINESS REGULATIONS" OF THE CODE OF ORDINANCES; MAKING ALARM PERMITS PERPETUAL IN NATURE; PROVIDING FEES FOR FALSE ALARM NOTIFICATIONS ON TWELVE MONTH BASIS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Paragraph (6) of Subsection C, "Application; False Statements; Issuance; Transferability; Permit Fees" of Section 3, "Security Systems", of Chapter 4, "Business Regulations", of the Code of Ordinances, be and it is hereby amended to read as follows: (6) A permit shall be perpetual in nature, subject to revocation as provided in this section. SECTION II THAT, Subsection J, "Fees For False Alarm Notifications" of Section 3, "Security Systems", of Chapter 4, "Business Regulations", of the Code of Ordinances, be and it is hereby amended to read as follows' J. FEES FOR FALSE ALARM NOTIFICATIONS (1) The permit holder shall pay a fee of twenty- five dollars ($25) for each false alarm noti- fication, other than a false fire alarm noti- fication, 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 five (5) false alarm notifications received during any calendar year. For alarm systems which were not in existance and use at the time of the issuance of a permit, no fee shall be assessed for false alarm notifi- cations received during the first thirty (30) days of the operation of the system, and the first five (5) false alarm notifications received during any calendar year. (2) The permit holder shall pay a fee of one hundred dollars ($100) for each false fire alarm notifi- cation, 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 existance and use at the time of the issuance of a permit, no fee shall be assessed for false fire alarm notifications received during the first thirty (30) days of the operation of the system, and the first three (3) false fire alarm notifications received during any calendar year. The chief shall, on a monthly basis, file with the city manager a report of false alarm noti- fications for which a fee is charged under the terms of this chapter. 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 III THAT, Section 3, "Security Systems" of Chapter 4, "Business Regulations", of the Code of Ordinances, shall remain in full force and effect, save and except as amended herein. SECTION IV THAT this Ordinance shall take effect immediately from and after its passage and publication in accordance with the laws of the State of Texas, and it is accordingly so ordained. PASSED AND APPROVED this 7th day of November, 1983. ORDINANCE NO. 83/59 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 9, BY ADDING SECTION 6 TO THE CODE OF ORDINANCES WHICH PROVIDES FOR A TWENTY-FIVE DOLLARS ($25.00) ISSUANCE AND SERVICE FEE FOR A WARRANT OF ARREST. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECT ION I THAT, Chapter 9 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section to be numbered Section 6, which section shall read as follows' Section 6. Fees for Warrant of Arrest. (a) In all cases, where warrants of arrest are issued for violations of ordinances of the City of University Park or for the failure of a defendant to appear after execution of a personal bond, in addition to any fine assessed by the Municipal Court, there shall be added a fee of Twenty-Five Dollars ($25.00) for the issuance and service of such warrants. Such amounts, when collected, shall be deposited into the city treasury for the use and benefit of the City. PASSED AND APPROVED this 7th day of November, 1983. CITY i~J~NAGER - CLERK ~ / / ORDINANCE NO. 83/40 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR TWO-HOUR PARKING ON EIGHT PARKING SPACES IN FRONT OF SEAY TENNIS CENTER AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COb~ISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECT ION I THAT, in accordance with Chapter 10, Section 12 A. of the Code of Ordinances of the City of University Park, the following action is taken' Parking time is limited to two hours on the following street from 8'00 a.m. to 4'00 p.m. on school days' STREET BLOCK SIDE EXTENT Grassmere 4200 North Eight parking spaces located east of Douglas, in front and west of the entrance to Seay Tennis Center, H.P.I.S.D. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 7th day of November, 1983. ORDINANCE NO. 83/41 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING THE CREATION OF A NONPROFIT CORPORATION UNDER SECTION 53.35(b), TEXAS EDUCATION CODE, AS AMENDED; DESIGNATING THE INCORPORATORS THEREOF; APPROVING ARTICLES OF INCOR- PORATION AND APPOINTING THE INITIAL DIRECTORS THERETO; APPROVING THE BYLAWS OF THE CORPORATION; CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING THERETO. WHEREAS, Southern Methodist University (the "University") is a nonprofit "institution of higher education", as defined in Section 53.02, Texas Education Code, as amended and is located in the City of University Park, Texas (the "City"); and WHEREAS, the University represents and is a vital part of the City and is in substantial need of additional facilities, properties and funds in order properly to carry on, develop and expand its educational activities within the City; and WHEREAS, Section 53.35(b), Texas Education Code, as amended (the "Act"), specifically authorizes this Commission to order the creation and organization of a nonprofit corporation under the Act to act on behalf of the City as its duly constituted authority and instrumentality for the purpose of aiding nonprofit institu- tions of higher education in providing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith; and WHEREAS, the Act authorizes the nonprofit corporation thus created to issue revenue bonds for said purposes on behalf of the City, provides that the directors of the corporation shall be appointed and be subject to removal by this Commission, and further provides that a private person may not share in any of the corporation's earnings; and WHEREAS, this Commission by this Ordinance intends to take all steps necessary to order the creation of a nonprofit corpora- tion pursuant to and under the Act, subject to the provisions of the Act and this Ordinance; and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. That the findings and declarations contained in the preambles of this Ordinance are incorporated herein as part of this Ordinance. Section 2. That this Commission hereby finds and determines that it is to the best interest of the City and its inhabitants that a nonprofit corporation, to be named the "Southwest Higher Education Authority, Inc." (the "Authority"), be ordered created under the Act to act on behalf of the City as its duly constituted authority and instrumentality for the public purposes defined and with the powers conferred in the Act. Section 3. That this Commission hereby orders that the Authority be created under the Act with articles of incorpora- tion (the "Articles") in substantially the form attached hereto, and the Commission hereby designates and appoints the following persons to act on its behalf as the incorporators thereof, to-wit: Thomas Max Nygaard James B. Gardner Frank C. Carter and this Commission directs and authorizes said incorporators to file the Articles with the Secretary of State. Section 4. That this Commission hereby appoints Leland D. Nelson as registered agent for the Authority and appoints the following persons as the initial members of the board of directors of the Authority, to -wit: Thomas Max Nygaard James B. Gardner Frank C. Carter Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones Ron Case said persons to serve for the terms specified in the Articles, subject to removal by this Commission for cause or at will as provided in the Act and in the Articles. Section 5. That, as provided in the Act, the Authority shall be a nonprofit corporation, and no part of its net earn- ings remaining after payment of its expenses, bonds or other obligations shall ever inure to the benefit of any individual, firm or corporation, except that in the event sufficient pro- vision has been made for the full payment of the expenses, bonds and other obligations of the Authority, then any net earnings of the Authority thereafter accruing shall be paid to the City. Section 6. That the City expressly reserves the right, exercisable at any time and in its sole discretion, to alter the structure, organization, programs or activities of the Authority or to terminate and dissolve the Authority, subject only to any limitations provided by the respective constitutions and laws of the State of Texas or of the United States prohibi- ting the impairment of contracts entered into by the Authority. Section 7. That the Authority shall have no purposes and shall engate in no business or enterprise other than for the purposes provided in and authorized by the Act. Whenever the board of directors shall determine that the purposes for which the Authority was formed have been substantially accomp- lished and that all bonds and other obligations theretofore issued or incurred by the Authority have been fully paid or payment provided for, the members of the board of directors shall, unpon receipt of the approval of this Commission, there- upon dissolve the Authority in the manner provided by law, subject to the limitations provided in Section 6 hereof applicable to dissolution directed by the Commission. Section 8. That whenever dissolution of the Authority shall occur, whether instituted by this Commission or by the board of directors of the Authority, the dissolution proceed- ings shall transfer the title to all funds and properties then o~ed by the Authority to the City after satisfaction of all claims against the Corporation has been made. Section 9. That any and all bonds, notes or other similar obligations issued by the Authority shall contain a provision, condition or recital substantially to the effect that they shall never be deemed to be or create an indebtedness or liability or a special, general or moral obligation payable out of any funds or properties of the City and that they shall be payable solely out of funds and properties of the Authority pledged thereto. Section 10. That it is intended that the Authority be a duly constituted authority and instrumentality acting on behalf of the City within the meaning of regulations of the Treasury Department and the revenue rulings of the Internal Revenue Service of the United States promulgated under Sections 103 and 115 of the Internal Revenue Code of 1954, as amended. Section 11. That the Bylaws of the Authority, in the form and substance attached hereto, are approved, and the same shall not be amended, altered or repealed without the approval of this Commission. Section 12. That this Ordinance shall take effect immedi- ately from and after its adoption. PASSED AND APPROVED this 22nd day of November, 1983. ORDINANCE NO. 83/42 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, SECTIONS 1.C. (14) & (15), AMENDMENTS TO BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY REVISING SECTIONS 507(5), HEIGHT OF A RESIDENTIAL STRUCTURE AND 507(6), DEFINITION OF STORY, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: (14) SECTION I Section 507(5) is amended to read as follows: (1) In SF-A, SF-1, SF-2, MF-1, MF-2, and MF-3 Zoning Districts, the vertical distance of a building measured from the finished grade at the mid-point of the lowest side yard elevation at the building set back to the highest point of the roofs surface, excluding chimneys, shall be a maximum of thirty-five feet (35'). (2) In SF-1, SF-2, SF-3 and SF-4 Zoning Dis- tricts, the following regulations shall apply: (a) Eave lines (defined as the termina- tion point of a roof that forms a horizontal drip line into a gutter or onto the grade below) shall not exceed the following ver- tical dimensions above finished grade. · Lots 59 feet in width or less 21 feet 6 inches · Lots 60 to 69 feet in width - 22 feet 6 inches -Lots 70 feet in width or more 23 feet 6 inches .Ail conforming SF-1 lots - no limit Finished grades shall be determined at the mid-point of the lowest side yard elevation at the building set back. (b) On lots 69 feet in width or less, an area of 300 square feet shall be permitted on vertical building wall surfaces above the allowable eave line facing an interior building side yard. This surface is con- sidered to be that space contained in an area forming a building gable or similar surface. There shall be no limit on lots exceeding 69 feet in width. (c) Roof slopes exceeding a 14:12 pitch (14 feet vertical, 12 feet horizontal) shall be considered a vertical building wall surface. (d) Building appurtenances including open balustrades, cupolas (foot print area not to exceed 25 square feet), etc. shall be permitted to extend to a height of 39 feet at any point on the building structure. (1S) Section 507(6), Definition of Story, is amended to read as follows: The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven feet (11') six inches (6"). A half-story is a space under at least two (2) sloping roofs having an average height not exceeding eight feet (8') and a floor area not greater than fifty percent (50%) of the area of the floor on the first story below. Park- ing which is depressed below the average grade or which is at grade and below the structure and en- closed shall not be considered a story in computing the height of the building. SECTION II THAT~ Chapter 1, Section 5, General Penalty, and Section 6, Severability of parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 22nd day of November, 1983. ~"-ATTE ST: ! ~ C ITY~NAGER-CLERK / ORDINANCE NO. 83/43 AN ORDINANCE AMENDING CHAPTER 3, SECTION 1.C. (13), AMEND- MENTS TO BUILDING CODE OF THE CODE OF ORDINANCES2 CITY OF UNIVERSITY PARK, TEXAS, BY REVISING SECTION 2905(f), RUN- OFF WATER, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 1.C. (13), Section 2905(f) Runoff Water, of the Code of Ordinances is hereby amended to add the following: It shall b~ required as a condition for granting a building pemmit to build, repair, remodel, enlarge or replace a structure or install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with: Impervious areas of all lots shall be limited to those values specified for the following Zoning Districts: LOT CATEGORY ALLOWED IMPERMEABLE SURFACE (a) SF-1, SF-2, SF-3, SF-4 0-6000 s.f. 6001-7500 s.f. 7501-10000 s.f. 10001-12000 s.f. 12001-35000 s.f. In excess of 35000 s.f. (b) SF-A, 2F-l, 2F-2, MF-1 MF-2, MF-3 (c) Ail others 3600 square feet 6O% 52% or 4500 square feet, whichever is greater 48% or 5200 square feet, whichever is greater 40% or 5760 square feet, whichever is greater 35% or 14000 square feet, whichever is greater 63% 9O% (d) Options available for compliance include on-site reten- tion, utilization of perforated paving stone or other permeable material. (e) Any appeals for variances from this section and inter- pretation by the administrative staff shall be made to the Environmental Standards Committee, whose ruling shall be final. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 22nd day of November, 1983. ORDINANCE NO, 83/44 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, SECTION 6 OF THE CODE OF ORDINANCES, CITY OF UNI- VERSITY PARK, TEXAS, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 6 of the Code of Ordinances is hereby amended to read as follows: Section 6. Circular Driveways and Parking Space Requirements Parking on circular driveways may be permitted in the required front and side yards providing, however, that such parking does not constitute the required parking required under the Zoning Ordinance. Such driveways must contain two (2) or more drive access openings or curb openings designed or constructed to provide free, unrestricted ingress and egress to such drives and contain no dead-end or head-in parking areas that re- quire maneuvering of a vehicle to negotiate or to utilize. Such driveways shall be constructed with an inner radius, arc, or curve, or similar configuration located a minimum of three feet (3') from any adjacent or abutting property line. Curb openings or drive access approaches granting access to such circular driveway shall not be less than ten feet (10') nor more than twelve feet (12') in width measured at the property line and such curb openings or approaches shall be separated by a minimum distance of twenty feet (20') measured between radius points of approaches. The total area of circular driveways or hard surfaced parking areas and sidewalks in the required front and side yards shall not exceed sixty percent (60%) of the total yard area in which such driveway or parking space is located and shall be covered by a permanent imper- meable surface such as concrete or asphalt. No unpaved surface in the front or side yard may be used for park- ing or storage of vehicles. Notes: (1) Illustration of the procedures described above will be designated in the Parking Standards available in the Building De- partment. See, also, Zoning Ordinance, Section 9-502(k). Should it become necessary to reduce the non-permeable area on the lot, the owner at his option may substitute perforated paving stone or other permeable material for concrete or asphalt if installed in accordance with standards on file in the Engineering Department. In Single Family Zoning Districts tandem parking on the driveway in the rear of the front building line may be utilized to meet the required off-street parking require- ment. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 22nd day of November, 1983. C ITY~AGER-CLERK ~ ORDINANCE NO. 83/45 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER il, SECTION 4(f) OF THE CODE OF ORDINANCES TO FURTHER DEFINE THE PROCESS OF DETERMINING THE ANNUAL SEWAGE FEE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 4(f) of the Code of Ordinances, City of University Park, Texas, is hereby amended as follows' The sewer bill shall be based on the average billing of water over the three-month period as listed below' Cycle I The water used during the months of November, December, and January. Cycle II The water used during the period of November 15 to February 15. Once each year, the sewer bill will be changed to re- flect the averages above which shall be used for all subsequent bills. The average billing and sewer bill is an element of the living unit and remains with the unit regardless of the occupant. PASSED AND APPROVED this 7th day of December, 1983. CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 3S) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING A SPECIFIC USE PERMIT FOR BILLBOARD PLACEMENT ON THE NORTHWEST CORNER OF LOT 3, ROBERT JOHNSON SUBDIVI- SION, KNOWN AS 6400 NORTH CENTRAL EXPRESSWAY, AND PROVIDING A PENALTY. WHEREAS, Signature Sign Co., with the agreement of the property owner-The Cambridge Companies, Inc., has requested a specific use permit to erect a billboard on leased land, the northwest corner of Lot 3, Robert Johnson Subdivision; and WHEREAS, the Planning and Zoning Commission held a public hearing on the request on August 9, 1983, and recom- mends the specific use permit with certain restrictions; and WHEREAS, after official notice, a public hearing as required by law was held by the Board of Commissioners of the City of University Park on December 7, 1983' NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is amended and supplemented as follows' THAT the specific use permit, as filed with the Building Department, be approved for the northwest portion of Lot 3, Robert Johnson Subdivision, subject to the following' (i) That the structure be a fifty-foot (50') tall single-pole construction with a two-faced 14- foot by 48-foot billboard; and (2) That the old billboard presently located on the southwest corner of the same lot be removed; and (3) That this specific use permit will be null and void at the time any planned development construction is started on the property; and (4) That the appendix listing of specific use permits be amended by adding the following' SPECIFIC USE PERMIT NO. TYPE OF USE S- 7 Billboard SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 7th December, 1983. ,ATTEST: '~\ / .~ .~ - . CITY 7MANAGER- CLERK / / / ORDINANCE NO. 83/46 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE APPROVAL OF A SCHEDULE OF RATES FOR NATURAL GAS SERVICE TO BE SUPPLIED BY LONE STAR GAS COMPANY, A DIVISION OF ENSERCH CORPORATION, FOR RESIDENTIAL AND COMMERCIAL RATES, AS CONTAINED IN SAID SCHEDULE OF RATES, ATTACHED HERETO AS EXHIBIT B, AND MADE A PART HEREOF PROVIDING FOR THE REPEAL OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. Schedule of Rates Adopted. (a) That the rates for natural gas service by Lone Star Gas Company, a division of Enserch Corporation, con- tained in the schedule of rates attached hereto as Exhibit B and incorporated by reference herein and made a part hereof as though fully written word for word for residential and commercial rates including: A Residential and Commercial Rates B Prompt Payment Discount C Gas Cost Adjustment D Tax Adjustment E Schedule of Service Charges F Schedule of Industrial Rates G Schedule of Public Free School Rate H Adjustments for Heat Content, Gas Cost, Taxes, Licenses, Fees, Charges and Rentals, be and are hereby adopted and approved. That the schedule of rates attached hereto as Exhibit B shall be applicable for gas bills rendered on or after December 22, 1983. Section 2. Conflicting Ordinances Repealed. Ordinances of the City of University Park pertaining to the sale of natural gas within the City of University Park by Lone Star Gas Company, a division of Enserch Corporation, which are specifically in conflict herewith are hereby repealed to the extent of such conflict only. But in all other respects such ordinances are confirmed and shall continue in full force and effect. Section 3. This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 22nd day of December, 1983. EXHIBIT B ATTACHMENT OF ORDINANCE NO. 83/46 CITY OF UNIVERSITY PARK, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES A. RESIDENTIAL AND COMMERCIAL RATES B o C o The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Net Gross Customer Charge All Consumption @ $3.00 $5.2296 Per Mcr $3.06 $5.3363 Per Mcr If the service period is less than 28 days in a month, the customer charge is $0.1071 (net) and $0.1093 (gross) times the number of days of service. Net Gross Customer Charge All Consumption @ $7.00 $5.2296 Per Mcf $7.14 $5.3363 Per Mcf If the service period is less than 28 days in a month, the customer charge is $0.2500 (net) and $0.2551 (gross) times the number of days of service. PROMPT PAYMENT DISCOUNT The difference between the gross and net rates is a discount for payment within 15 days from the date of the monthly bill- ing. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.0178 determined in estab- lishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. The city gate rate estimated to be applicable to volumes purchased during the current calen- dar month, expressed to the nearest $0.0001 per Mcr (shown below as "Re"). (c) The base city gate rate of $4.3934 per Mcr. (2) Correction of the estimated adjustment determined by Item C (1) above shall be included as part of the ad- justment for the second following billing month. The correcting factor (shown below as "D") shall be ex- pressed to the nearest $0.0001 per Mcf based upon: E o The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item C (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (:3) The adjustment determined by Item C (1) and Item C (2) above shall be multiplied by a tax factor of 1.06288 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary~ the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item C (1), Item C (2) and Item C (3) as follows: GCA = [Item C(1) + Item C (2) X Item C (3) GCA = [(1.0178) (Re - $4.3934) + D X 1.06288 TAX ADJUSTMENT The tax adjustment shall be an amount equivalent to the pro- portionate part of any new tax, or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subse- quent to January 1, 1983, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. SCHEDULE OF SERVICE CHARGES (t) Reconnect Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge 8 A.M. to 5 P.M. Monday through Friday 5 P.M. to 8 A.M. Monday through Friday Saturdays, Sundays and Holidays $20.00 $30.00 $zo.oo As a reconnect charge for such reconnection or rein- auguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions. (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of system outage, service work or applicable installation done by Company, or (d) For any reason deemed necessary for Company operations. (2) Return Check Charges A return check handling charge of $5.00 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment with- held, invalid signature, or improper preparation. F. SCHEDULE OF INDUSTRIAL RATES MD The following monthly base rates are Company's standard Industrial Rates-N as amended applicable to sales to industrial customers served under Standard sales contracts. RATE 1 First 125 Mcr or less $202.50 Ail over 125 Mcr @ 1.58 per Mcr RATE 2 First 600 Mcr or less Ail over 600 Mcf @ $906.00 1.435 per Mcr RATE 3 First All over 1,250 Mcr or less 1,250 Mcf @ $1,750.00 1.375 per Mcf Measurement and Billing: The gas shall be measured at a single meter location and shall not be combined with gas measured through any other meter location for the purpose of billing under this schedule. Amounts billed shall be due and payable within fifteen (15) days from monthly billing date. In the event payment is not within fifteen (15) days of monthly billing date, a penalty of five (5) percent shall be added to net amount billed. The first step of each rate shall be applicable when the service period for which bill is rendered is for 16 days or more. Whenever the initial service period is for 15 days or less during a billing period, the Customer's consumption shall be carried forward and added to Customer's consumption during the next succeeding monthly service period for billing purposes. G. SCHEDULE OF PUBLIC FREE SCHOOL RATE The following monthly base rate is Company's standard Public Free School Rate - N as amended. PUBLIC FREE SCHOOL RATE First 150 Mcr @ $ 1.61 per Mcr All over 150 Mcf @ $ 1.56 per Mcf Minimum Monthly Bill $10.00 per Meter Installation Measurement and Billing: Amounts billed shall be due and payable within fifteen (15) days from monthly billing date. In the event payment is not made within fifteen (15) days of monthly billing date, a five (5) percent penalty shall be added to the net amount billed. When any single school district or city or town has school buildings at more than one location therein, the Company will combine the volume of gas delivered to it for the aforesaid uses for the purpose of monthly billing at this rate. Ho The following adjustments apply to both the Industrial and the Public Free School Rates. Adjustment for Heat Content: The schedules of rates in items F and G are based upon the delivery of gas having an average total heat value of 1,000 British thermal units (Btu) per cubic foot. Should the average total heating value of gas delivered in any monthly period be more or less than 1~000 Btu per cubic foot, the measured volume for such period shall be increased or de- creased respectively, in the percentage by which the average heating value of such gas is greater or less than 1,000 Btu per cubic foot. The monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds per square inch and at a temperature of 60 degrees Fahrenheit shall be determined at Company's expense by the use of standard methods and procedures. Adjustment for Gas Cost: The foregoing rates are based upon a weighted average cost of gas purchased by Lone Star Gas Company of $1.00 per 1,000 cubic feet (Mcf) based on a pressure of four ounces per square inch above an assumed atmospheric pressure of 14.4 pounds per square inch and at a temperature of 60 degrees Fahrenheit. The "weighted average cost of gas purchased," as used herein, shall be computed by dividing the total amount paid or accrued by Company (as reflected by Company's Gas Purchase Accounts), including any production, severance, dedication or gathering tax paid or accrued by Company directly or by way of reimbursement to its gas suppliers, to producees, processors~ transporters, or other sellers of gas in the latest available fiscal month by the total volume of pipeline quality gas in ~lcf purchased by Company during said period. Whenever the weighted average cost of gas purchased is more or less than $1.00 per Mcf~ the amount billed under this schedule shall be increased or decreased by the amount of such difference multiplied by the consumption in Mcr, with- out adjustment for heating value, tn applying the gas cost adjustment clause, the adjustment shall be computed to the nearest one-hundredth of one cent. Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement of a disputed claim) or by a determination of a regulatory body or court to make additional payments with respect to gas pre- viously purchased by Company~ In such case, appropriate ad- justments to compensate therefore shall be made in the price payable for gas hereunder as soon as practicable after the time of such payment so that Customer shall bear a propor- tionate part of any such payment which has not been previously included in the weighted average cost of gas purchased as defined above. Adjustment for Taxes, Licenses, Fees, Charges, and Rentals: Customer shall pay Company an amount equivalent to a pro- portionate part of all taxes or rentals which now are or which may be levied, charged or imposed by any governmental body under authority of any law, ordinance or contract for the use of the public streets, alleys and thoroughfares in the conduct of Company's business, or because of Company's occupation; and Customer shall pay Company an amount equi- valent to a proportionate part of any new tax or increased tax or any other governmental imposition, rental, fee or charge levied or charged after July 1, 1976, (except state, county, city, and special district ad valorem taxes, taxes on net income and any production or similar tax included in the weighted average cost of gas as provided in the gas cost adjustment clause). ORDINANCE NO. 77/328 (AMENDMENT NO. 36) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SECTION 8-405(12), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ZONING FOR THE PROPERTY DESCRIBED AS LOTS 1 THROUGH 8, BLOCK D, ST. ANDREWS PLACE ADDITION, KNOWN AS 6000 PRESTON ROAD. WHEREAS, on November 29, 1983, the Planning and Zoning Commission, City of University Park, held a public hearing on the application of Park Cities-North Dallas YMCA and recommended to the Board of Commissioners that the Planned Development zoning be granted under certain requirements. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners, City of University Park, Texas: THAT, the Comprehensive Zoning Ordinance is hereby amended and supplemented to add Section 8-405(12) as follows: SECTION I THAT, the property described as Lots 1 through 8, Block D, St. Andrews Place Addition, known as 6000 Preston Road, is hereby zoned as Planned Development District under the follow- ing requirements: (1) That the new lights planned for the Omni Court have shades to confine the illumination to the court proper; and (2) That the lights be automatically turned off when the YMCA is closed; and That the landscaping between the swimming pool fence and the sidewalk be appropriate enough to screen off the pool area. SECTION II THAT, the Comprehensive Site Plan of the Planned Develop- ment District on the property is hereby approved and made a part of this ordinance by reference. SECTION III THAT, the building permit to be issued in connection with this Planned Development District shall especifically include the three requirements listed above. SECTION IV THAT, a copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development District shall be amended as an Exhibit to the Zoning Ordinance. SECTION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. ....... PASSED AND APPROVED this 3rd --~/~~~~~1984' // \ . ORDINANCE NO. 84/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS REGU- LATING UTILITY RATES TO BE CHARGED BY DALLAS POWER & LIGHT COMPANY BY ADOPTING A SCHEDULE OF RATES REFERENCED HEREIN. WHEREAS, the Legislature of Texas under the terms and provi- sions of Articles 1119 and 1446c, Vernon's Texas Civi~ Statutes, has expressly delegated to the City of University Park the govern- mental function to regulate rates by ordinance for electricity for both municipal and private use~ and WHEREAS, Dallas Power & Light Company on July 15, 1983, filed an application for change of rates with said City; and WHEREAS, said City on August 1, 1983 and December 22, 1983, suspended said rate application pursuant to Article 1446c, V.A.C.S.; and WHEREAS, said suspensions remain effective until January 18, 1984; and WHEREAS, said City has made such investigation and held such hearings as to make a determination concerning said rate applica- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, from and after the passage of this ordinance, Dallas Power & Light Company shall supply electric energy for power and light, or either, within the corporate limits of the City of Uni- versity Park upon the classifications, regulations and rates hereinafter fixed and prescribed. SECTION II THAT, the classifications, regulations and rates which are hereby adopted are consistent with those approved by the City of Dallas on January 13, 1984. SECTION III THAT, the Schedule of Rates heretofore approved and adopted and superseded by the Company's prevailing schedule of rates es- tablished under bond is hereby repealed upon application of the tariff for electric service as provided in Section IV hereunder. SECT ION IV THAT, the classification, regulations and rates approved herein shall become effective, and each of said rates is hereby approved and made applicable for billing for electric service furnished after the next regular meter reading dates and after the adoption of this ordinance. SECTION V THAT, nothing herein shall abrogate conditions of the fran- chise Ordinance No. 77-322, dated October 10, 1977, between the City of University Park and Dallas Power & Light Company. SECTION VI THAT, should any portion, section or subsection, or any portion thereof of this ordinance be declared void or unenforceable, such holding shall not be construed to operate as invalidating any other section~ subsection or portion thereof of this ordinance. ORDINANCE NO. 84/2 (continued) PASSED AND APPROVED this 19th day of January, 1984. CITY I~/~AdER- CLERK" /' ORDINANCE NO. 84/3 AN ORDINANCE AMENDING AND CHANGING ORDINANCE NO. 83/46 OF THE CITY OF UNIVERSITY PARK, TEXAS; PROVIDING FOR RECOVERY OF THE RESIDENTIAL CONSERVATION SERVICE COSTS THROUGH A SURCHARGE TO RESIDENTIAL, COMMERCIAL, INDUS- TRIAL, AND PUBLIC FREE SCHOOL CLASSES OF CONSUMERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lone Star Gas Company, a Division of ENSERCH Corporation, filed an application on August 17, 1983, for increased residential, commercial, industrial, and public free school natural gas rates; and WHEREAS, the proposed rate increase was acted upon by the Board of Commissioners of the City Of University Park on December 22, 1983; and WHEREAS, the Board of Commissioners has determined that said ordinance should be amended to provide for recovery of the costs of the Residential Conservation Service Program as mandated by the Federal Government and proposed in a Lone Star Gas Company filing dated August 15, 1983; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. As of the effective date of this amendatory ordi,- nance, said Ordinance No. 83/46 is hereby amended by adding a new Section 4~ to read as follows: Section 4. The cost incurred by Lone Star Gas Company within the City of University Park in the implementation of the home energy audits program (residential conserva- tion services) required by federal law may be recovered in the following manner: (A) The surcharge proposed on August 15, 1983, may be prorated and billed in equal amounts in each of the remaining billing months prior to April, 1984. Thereafter, the amounts proposed for recovery through surcharges shall be prorated and billed in equal amount each month for six months. (c) Charges shall be identified separately on cus- tomer bills. (D) Program costs proposed for recovery shall be sub- mitted to the City for review 30 days in advance of billing or periodic changes in advance of billing or periodic Changes in billing amounts. (E) Future participants in the program shall be charged the maximum permitted under Federal law. (Currently $15.00 per home energy audit). SECTION 2. Save and except:as amended by the foregoing section, Ordinance No. 83/46 is unchanged and in full force and effect. SECTION 3. The terms and provisions of this amendatory ordinance are severable, and if the validity of any section, sentence, clause, or phrase of this amendatory ordinance should be declared invalid, the same shall not affect the validity of any other section, sentence, clause, or phrase of this amenda- tory ordinance or the ordinance being amended. ORDINANCE NO. 84/3 (continued) SECTION 4, This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 19th day of January, 1984. CITY M~NA'~G~R-CL~RK' / ---~ ORDINANCE NO. 77/328 (AMENDMENT NO. 37) AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 8-405 (ii.B) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, WHICH AMENDMENT AUTHNRIZES THE ADDITION OF A SWIMMING POOL AND OF A GREENHOUSE TO THE PLANNED DEVELOPMENT DISTRICT GRANTED FOR LOTS 9 AND 10 AND PART OF LOTS 8 AND 11~ BLOCK 2~ WALKERS ADDITION, AND PROVIDING A PENALTY. WHEREAS, on December 20, 1983, the Planning and Zoning Commission of the City of University Park held a public hear- ing on the application of Lawrence and Adrianne Stanton, and recommended to the Board of Commissioners that a swimming pool and a greenhouse be included in the Planned Development ll.B (granted 12/20/82), under certain conditions; and WHEREAS, on January 19, 1984, the Board of Commissioners of the City of University Park held the second statutory hear- ing on the application. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77/328, Section 8-405(11.B) is hereby amended to include a swimming pool and a greenhouse in the originally approved plans. SECTION II THAT, the Comprehensive Site Plan of the Pl,anned Devel- opment District on the property, which includes a swimming pool and a greenhouse, shall be and the same is hereby approved and attached to this Ordinance and incorporated herein by reference. SECTION III THAT, the building permit to be issued in connection with this amendment to PD-11.B shall especifically include the follow- ing requirements- (1) That the swimming pool gate shown in the drawings be the only one allowed and that it comply with the general ordinances of the City; and (2) That the location and exact dimensions (10'xl0') of the greenhouse be shown in the drawings; and (3) That all other plan requirements and conditions on the original Planned Development (Ordinance No. 77/328, Amendment No. 28) remain in effect. SECTION IV THAT, this amendment shall be listed as an Exhibit to the Zoning Ordinance, PD-11.B. SECTION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328, is applicable to this amendment to the Zoning Ordinance. ORDINANCE NO. 77/328 (continued) PASSED AND APPROVED this 19th day of January, 1984. ORDINANCE NO. 77/328 (AMENDMENT NO. 36) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SECTION 8~405(12), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ZONING FOR THE PROPERTY DESCRIBED AS LOTS 1 THROUGH 8, BLOCK D, ST. ANDREWS PLACE ADDITION, KNOWN AS 6000 PRESTON ROAD. WHEREAS, on November 29, 1983, the Planning and Zoning Commission, City of University Park, held a public hearing on the application of Park Cities-North Dallas YMCA and recommended to the Board of Commissioners that the Planned Development zoning be granted under certain requirements. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners, City of University Park, Texas' THAT, the Comprehensive Zoning Ordinance is hereby amended and supplemented to add Section 8-405(12) as follows' SECT ION I THAT, the property described as Lots 1 through 8, Block D, St. Andrews Place Addition, known as 6000 Preston Road, is hereby zoned as Planned Development District under the follow- ing requirements: (i) That the new lights planned for the Omni Court have shades to confine the illumination to the court proper; and (2) That the lights be automatically turned off when the YMCA is closed; and (3) That the landscaping between the swimming pool fence and the sidewalk be appropriate enough to screen off the pool area. SECTION II THAT, the Comprehensive Site Plan of the Planned Develop- ment District on the property is hereby approved and made a part of this ordinance by reference. SECTION III THAT, the building permit to be issued in connection with this Planned Development District shall especifically include the three requirements listed above. SECTION IV THAT, a copy of this amendment shall be referenced in the zoning district map and a list of such Planned Development District shall be amended as an Exhibit to the Zoning Ordinance. SECT ION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 3rd d~of January, / ATTEST' ~/f /7~//7 /7 CITY NAGER-CLERK [ / 1984. ORDINANCE NO. 77/528 (AMENDMENT NO. 38) AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING SECTION 8-400 PLANNED DEVELOPMENT DISTRICT, SUBSECTIONS PD-1-R (SNIDER PLAZA) AND PD-2-R (MIRACLE MILE) OF THE COMPREHENSIVE ORDINANCE IN REGARD TO FIVE DIFFERENT CASES, AND PROVIDING A PENALTY. SECTION I WHEREAS, on October 15, 1980, the Planning and Zoning Commission of the City of University Park held a public hear- ing on the application of Adele Hunt, Inc., and recommended it to the Board of Commissioners who, on November 20, 1980, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION PD-1-R(a) Adele Hunt, Inc., 7015 Snider Plaza THAT the Comprehenisve Zoning Ordinance of the City of University Park is hereby amended to allow Adele Hunt, Inc. (Lots 7 and 8, Block E, Campus Heights #1 Addition, known as 7015 Snider Plaza) to extend the second floor of the furniture store building over the parking lot for added showroom space. SECTION II WHEREAS, on March 22, 1983, the Planning and Zoning Commission held a public hearing on the application of George C. Morris and recommended it to the Board of Commissioners who, on April 21, 1983, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION PD-1-R(b) George C. Morris, 6632-34 Snider Plaza THAT the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to allow the addition of 382 square feet of storage by covering the vacant area in the back of the building known as 6632-34 Snider Plaza (part of Lots 9 and 10, Block A, Campus Heights No. 1 Addition) with the express understanding that the east wall of the new building will have to be a masonry wall. SECTION III WHEREAS, on September 20, 1983, the Planning and Zoning Commission held a public hearing on the application of Erie Rawlins, Jr., and recommended it to the Board of Commissioners who, on October 3, 1983, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION PD-1-R(c) Erie Rawlins, Jr., 6801 Snider Plaza THAT the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to allow the building of a two-story structure at 6801 Snider Plaza (Lots 1, 2 and S.10' of Lot 3, Block F, Campus Heights No. 1 Addition). The plans maintain retail on the ground floor (5,500 s.f.), ORDINANCE NO. 77/328 (AMENDMENT NO. 38) continued create office space on the second floor (5,300 s.f.) that would be used by the store owner, and provide seventeen (17) parking spaces by the property, twelve by the street and five by the alley. Permission was granted subject to the ground floor being all retail, except for the reception area. SECTION IV WHEREAS, on February 22, 1983, the Planning and Zoning Commission of the City of University Park held a public hear- ing on the application of Karoly Godo and recommended it to the Board of Commissioners who, on March 10, 1983, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City ~f University Park~ Texas: SECTION PD-2-R(a) Miracle Mile Cleaners, 4415 Lovers Lane THAT the Comprehensive Zoning Ordinance of the City of Uni- versity Park is hereby amended to allow the increase of floor a~ea (597 s.f. lower floor, 883 s.f. second story) of the building located at 4415 Lovers Lane (portion of Lot 16, Block 18, Highland Park High School Addition) as long as the additions be masonry structures. SECTION V WHEREAS, on March 22, 1983~ the Planning and Zoning Commission held a public hearing on the application of Karoly Godo and recommended it to the Board of Commissioners who, on April 21, 1983, held the second hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION PD-2-R(b) Avon Cleaners, 4347 Lovers Lane THAT the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to permit the increase of floor area (250 s.f. lower floor, 2,500 s.f. 2nd story) of the building located at 4347 Lovers Lane (E. 10' of Lot 11, all of Lot 12, W.8' of Lot 13, Block 19, Highland Park High School Addition) with the condition that the additions be masonry structures. SECTION VI THAT the comprehensive site plan for each of the above projects be filed with the official Planning and Zoning records and incorporated herein by reference. SECTION VII THAT the building permits issued in connection with the above amendments especifically include the requirements estab- lished for each of the above amendments. SECTION VIII THAT the above amendments shall be listed as Exhibits to the Zoning Ordinance, PD-1-R (a), (b) and (c), and PD-2-R (a) and (b). SECTION IX THAT Section 22, Penalty for Violations of the Zoning Ordinance shall apply. ORDIANANCE NO. 77/328 (AMENDMENT NO. 38) continued PASSED AND APPROVED this 16th day of February, 1984. ATTEST' CITY MANAGER-CLERK / / ORDINANCE NO. 77/328 (AMENDMENT NO. 39) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING SECTION 8-400 PLANNED DEVELOPMENT DISTRICT, SUBSECTION PD-1-R (SNIDER PLAZA) OF THE COMPREHENSIVE ZONING ORDINANCE, WHICH AMENDMENT AUTHORIZES PARK CITIES CABLE TELEVISION TO USE TWO PARKING SPACES IN THE ALLEY FOR A NEW ANTENNA SITE, AND PROVIDING A PENALTY. WHEREAS, on January 17, 1984, the Planning and Zoning Commission held a public hearing on the application of Sammons Communications, Inc., dba Park Cities Cable Television and recommended it to the Board of Commissioners who, on February 16, 1984, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77.328, Section 8-400, Subsection PD-1-R (Snider Plaza) is hereby amended to include the following- PD-1-R(d) Park Cities Cable Television, 6916 Snider Plaza Allowing the cable company to use a portion of the property described as the north 48 feet of Lot 2, and south 22 feet of Lot 3, Block D, Campus Heights #1 Addition, or 6906-10- 12-14-16 Snider Plaza. More especifically, allowing the use of two parking spaces in the rear of 6912 Snider Plaza for additional satellite antenna site with the condition that two off-site parking spaces be provided by the company for its service vehicles. SECT ION I I THAT the site plan of the antenna site shall be and the same is hereby approved, filed with the official Planning and Zoning records, and incorporated herein by reference. SECTION III THAT the building permit to be issued in connection with this amendment shall especifically include the requirement that two off-site parking spaces be provided. SECTION IV THAT this amendment shall be listed as an Exhibit to the Zoning Ordinance, PD-1-R(d). SECT ION V THAT, Sec,tion 22, Penalty for Violations of the Zoning Ordinance shall apply. PASSED AND APPROVED this 16th day of February, 1984. ORDINANCE NO. 77/328 (AMENDMENT NO. 40) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK SUPPLE- MENTING APPENDIX A, BY ADDING SECTION 9-804, AND AMENDING SECTION 9-502(k), SECTION 9-702, SECTION 10-102, SECTION ll-105(d), SECTION 11-104, SECTION 15-105(c) AND SECTION 21~101.40 AND RUTHER PROVI- DING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is hereby supplemented by adding the follow- ing section' 9-804 Control of Run-Off Water It shall b.9~ required as a condition for granting a building permit to~pair, remodel, enlarge or replace a structure or install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with: Impervious areas of all lots shall be limited to those values specified for the following Zoning Districts' LOT CATEGORY ALLOWED IMPERMEABLE SURFACE (a) SF-1, SF-2, SF-3, SF-4 0-6000 s.f. 6001-7500 s.f. 7501-10000 s.f. 10001-12000 s.f. 12001-35000 s.f. In excess of 35000 s.f. 3600 square feet 6O% 52% or 4500 square feet, whichever is greater 48% or 5200 square feet, whichever is greater 40% or 5760 square feet, whichever is greater 35% or 14000 square feet, whichever is greater (b) SF-A, 2F-l, 2F-2, MF-1 MF-2, MF-3 63% (c) Ail others 90% (d) Options available for compliance include on-site retention, utilization of perforated paving stone or other permeable material. SECTION II THAT, the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to read as follows: 9-502 (k) Supplementary parking on circular access drives, not including the required parking, may be per- mitted in the required front and side yard pro- viding such drives contain two (2) or more curb openings or approaches, are designed or constructed to provide free, unrestricted ingress and egress to such drives and contain no dead-end, head-in, or ORDINANCE NO. 77/328 (A~IENDMENT NO. 40) continued 9-702 10-102 other parking areas that require maneuvering of a vehicle to negotiate or utilize. (See the parking standards as promulgated by the Director of Public Works). Such drive shall be constructed with an inner radius, or curve, or similar configuration located a minimum of three feet (3') from an ad- jacent property line. Curb opening or approaches granting access to circular drives shall not be less than ten feet (10'), nor more than twelve feet (12') in width measured at the property line and such curb openings or approaches shall be separated by a minimum disttance of twenty feet (20') measured between radius points of approaches. The total area of circular access drives on private property shall not exceed sixty percent (60%) of the front or side yard in wh.ich it is located and shall be covered by a permanent impermeable surface such as concrete or asphalt. No portion of unpaved sur- face in the front and side yard may be used for parking, driving, or storage of vehicles. Drives granting access to garages or carports not facing the street on the front of a residence or access to garages or carports located behind the front building line not facing the street, shall be permitted providing such drives are covered by an impermeable surface such as concrete or asphalt, contains only a single curb opening or approach not exceeding fifteen feet (15') in width measured at the property line and providing such driveways are designed and constructed to provide direct entry to such garages or carports, except as permitted for circular driveways as denoted above. The above does not apply to detached garages in the rear half of the property. Should it become necessary to reduce the non-permeable area on the lot, the owner, at his option, may substi- tute perforated paving stone or other permeable material for concrete or asphalt if installed in accordance with standards on file in the Engineering Department. In Single Family Zoning Districts tandem parking on the driveway, in the rear of the front building line, may be utilized to meet the required off-street parking requirement. In the O, GR, RC, SC and C Districts a rear yard of ten feet (10') or twenty feet (20') from the center- line of the alley, whichever is greater, shall be provided except where buildings may be erected to exceed three (3) stories in height. Fences are not allowed on any property line or in required rear yard which abuts an alley. Special Height Regulations (1) In SF-A, SF-1, SF-2, MF-1, MF-2 and MF-3 Zoning Districts, the vertical distance of a building measured from the finished grade at the mid-point of the lowest side yard elevation at the building set back to the highest point of the roofs surface, excluding chimneys, shall be a maximum of thirty-five feet (35'). (2) In SF-1, SF-2, SF-3 and SF-4 Zoning Districts, the following regulations shall apply: (a) Eave lines (defined as the termination point of a roof that forms a horizontal drip line into a gutter or onto the grade below) shall not exceed the following vertical dimensions above finished grade. 210 ORDINANCE NO. 77/328 (AMENDMENT NO. 40) continued -Lots 59 feet in width or less - 21 feet 6 inches -Lots 60 to 69 feet in width - 22 feet 6 inches -Lots 70 feet in width or more - 23 feet 6 inches -Ail conforming SF-1 lots ~ no limit Finished grades shall be determined at the mid- point of the lowest side yard elevation at the building set back. (b) On lots 69 feet in width or less, an area of 300 square feet shall be permitted on verti- cal building wall surfaces above the allowable eave line facing an interior building side yard. This surface is considered to be that space con- tained in an area forming a building gable or similar surface. There shall be no limit on lots exceeding 69 feet in width. (c) Roof slopes exceeding a 14:12 pitch (14 feet vertical, 12 feet horizontal) shall be considered a vertical building wall surface. (d) Building appurtenances including open balustrades, cupolas (foot print area not to exceed 25 square feet), etc., shall be per- mitted to extend to a height of 39 feet at any point on the building structure. (3) In non-residential districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, chimneys, radio and television antennae and vent stacks may extend for an additional height provided that the total not exceed forty (40') feet above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional build- ings may be erected to three (3) stories in height in residential areas, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed two (2) stories in height. ll-103(d) No open parking space or surfaced parking area shall be located or constructed to allow any portion of a vehicle to touch or overhang the property line of the lot on which the parking is located. Parking spaces or facilities arranged in tandem fashion, i.e., one after or behind another, or parking spaces or facilities containing two (2) or more spaces and which require the moving of one parked vehicle in order to utilize such spaces shall be counted as a single parking space in computing off-street parking. The tandem parking restriction is not applicable to Single Family Zoning Districts. 11-104 Parking Provisions, GR Districts Special parking conditions prevailing in the GR, General Retail Districts, wherein the existing parking which is provided on the public street right-of-way requires special consideration of the existing arrangement. Any existing structure occupied by a use permitted in the GR District may be maintained, improved or reconstructed provided no enlargement or extension is involved, without provision of additional parking spaces. Any en- largement or extension of existing buildings or change in use of the public street space, as referenced in PD-1-R and PD-2-R, shall be subject to approval of an agreement with the Board of Commissioners after recommendation by the Planning and Zoning Commission. Such agreement may extend ORDINANCE NO. 77/328 (AMENDMENT NO. 40) continued to the requirefnent for the provision of additional off-street parking space commensurate with the in- crease in floor area or to the provision of additional common parking space in a nearby lot or structure to serve the specific retail area. Similar situations in those GR Districts not classi- fied as Planned Development Districts shall be referred to the Board of Adjustment for action. 13-103(c) Area and Height of Accessory Building. The area of accessory buildings in the rear yard is limited only by the total rear yard coverage of fifty percent (50%) as stated in paragraph (a) of this section and such buildings observe all set-backs and separation dis- tances as provided by this Ordinance. Accessory buildings shall not contain kitchen facilities nor be capable of being used as living quarters for owners or rental use. Furthermore, the eave line of any accessory building shall not exceed seventeen feet (17') with the highest point of the roof surface not exceeding a height of twenty-five feet (25'). Eave lines are defined as the termination point of a roof that forms a horizontal drip line into a gutter or onto the grade below. Roof slopes exceeding a 14:12 pitch (14 feet verti- cal, 12 feet horizontal) shall be considered a vertical building wall surface. The accessory building shall not have separate utility meters and any telephones must be extensions from the main structure. 21-101.40 Story. The height between the successive floors of a building or from the top floor to the roof. The standard height for a story is eleven feet (11') six inches (6"). A half-story is a space under at least two (2) sloping roofs having an average height not exceeding eight feet (8') and a floor area not greater than fifty percent (50%) of the area of the floor on the first story below. Parking which is depressed below the average grade or which is at grade and below the structure and enclosed shall not be considered a story in computing the height of the building. SECTION III THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 16th day of February, t984. ATTEST: '~ ~~; , CITY ~AGER-CLERK / / / ORDINANCE NO. 84/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENTS NUMBER 1 THROUGH 4 TO THE CODE OF ORDI- NANCES OF THE CITY OF ~qlVERSITY PARK, 1982, AND PROVIDING A PENALTY. WHEREAS, "The Code of Ordinances of the City of Univer- sity Park> 1982", has been revised by Supplements Number 1, 2, 3, and 4. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners of the Ctiy of University Park, Texas' SECTION I THAT Supplement Number 1 (ordinances through March 4, 1982), Supplement Number 2 (ordinances through December 6, 1982), Supplement Number 3 (ordinances through March 10, 1983), and Supplement Number 4 (ordinances through May 2, 1983) to the "Code of Ordinances of the City of University PArk, 1982", are hereby adopted. SECTION II THAT for such Supplements Number 1, 2, 3, and 4 to the Code, the provisions of Chapter 1, Section 5 (General Penalty for Violations of Code) and Section 6 (Severability of Parts), or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordinances, City of University Park, shall also apply. PASSED AND APPROVED this 16th day of February, 1984. ATTE ST ' ' ......... ~ CITY MANAGER-CLERK~ ORDINANCE NO. 84/5 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS,' AMENDING CHAPTER 5, "FIRE PROTECTION", OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 19, "ELECTRICAL APPLIANCE USAGE IN COLLEGE DOR~ MITORIES, SORORITY AND FRATERN'ITY HOUSES"; PROHIBITING OVERLOADING OF POWER SUPPLY RECEPTACLES; REGULATING THE CONDITION AND MAINTENANCE OF ELECTRICAL EXTENSION CORDS AND ELECTRICAL APPLIANCE WIRING; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 5, "FIRE PROTECTION", of the Code of Ordinances be and it is hereby amended by adding a new Sub-section 19 to read as follows: Section 19. Electrical Appliance Usage in College Dormitories, Sorority and Fraternity Houses A. Application This section shall apply to college dormitories, sorority and fraternity houses. A dormitory is defined as a college residence hall providing sleeping rooms. A sorority or fraternity house is defined as a facility for housing a social or service organization of college students. B. Regulation of Multiple Connections to Outlet (t) Except as provided in paragraph (2) herein, a person commits an offense if he connects more than one (1) electrical appliance or device to an electrical out- let connection, either directly or through an elect- rical extension cord. (2) More than one electrical appliance or device may be connected to an outlet connection through an exten- sion strip containing a fifteen (15) amp circuit breaker. C. Use of Unapproved or Inadequate Extension Cord Prohibited A person commits an offense if he connects an electrical appliance or device to an electrical outlet connection by an extension cord which has not been approved by a national testing center or which contains conductor wire which is smaller than the conductor wire of the appliance or device which it serves. D. Use of Defective Extension Cord Prohibited A person commits an offense if he uses an extension cord or an electrical appliance with a cord which: (1) Contains frayed wiring, cracked insulation, open taps, defective equipment or other indications of weakness; (2) Is repaired through taping or splicing; or (3) Has been repaired by the replacement of parts which are not identical or equivalent. ORDINANCE NO. 84/5 (continued) E. Appliance With Grounding Wire Required to be Grounded A person commits an offense if he uses an electrical appli- ance or device equipped with a grounding (3~prong) cord and plug set without grounding such electrical appliance or device. SECTION II THAT, Chapter 5, "FIRE PROTECTION", of the Code of Ordinances shall remain in full force and effect, save and except as amended herein. SECTION III THAT, a person who violates a provision of this ordinance is guilty of a separate offense for each day or portion of a day during which the violation if committed, continued, or permitted, and each offense is punishable by a fine not to exceed $200. SECTION IV THAT, the terms and provisions of this ordinance are sever- able and are governed by Section 6 of Chapter 1 of the Code of Ordinances. SECTION V THAT, this ordinance shall become effective upon its passage and publication in accordance with laws of the State of Texas, and it is accordingly so ordained. PASSED AND APPROVED this 16th day of February, 1984. ATTE ST' CITY MAN~-~E~- i~E ' ORDINANCE NO. 84/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMEND- ING CHAPTER 3, SECTION 20, PARKING STANDARDS AND REQUIRE- MENTS OF THE CODE OF ORDINANCES TO INCLUDE SUBSECTION D., CONVERSION OF PARKWAY FOR PARKING PURPOSES, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION THAT, Chapter 3, Section 20 of the Code of Ordinances of the City of University Park is hereby amended to add the following subsection: D. CONVERSION OF PARKWAY FOR PARKING PURPOSES Hereinafter, permission will not be granted for conversion of the parkway for parking purposes. This area shall remain in a permeable stae. SECTION I t THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 16th day of February, 1984. CITY MAN~f'GER-CLERK ~ ORDINANCE NO. 84/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DELETING CttAPTER 11, SECTION 7, INDUSTRIAL SEWER USE REGULATIONS, AND SUBSTITUTING A NEW SECTION, THEREFOR ADOPTING THE INDUSTRIAL USE REGULATIONS OF THE CITY OF DALLAS. WHEREAS, the City of University Park contracts with the City of Dallas for the treatment of all sewage waste, including any industrial waste; and WHEREAS, the Federal Environmental Protection Agency requires entities with sewage treatment plants to require contractual parties to adhere to their industrial guidelines; and WHEREAS, such industrial guidelines are changed from time to time and all must conform with the Federal rules and regulations; and WHEREAS~ the City of University Park contracts with the City of Dallas for sewage treatment disposal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMIS- SIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 7, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: Section 7. Industrial Sewer Use Regulations Ao The current Industrial Sewer Use Regulations of the City of Dallas are herewith adopted by ref- erence. Three (3) copies of each are to remain on file in the city manager/secretary's office. Unless deleted, amended, expanded, or otherwise changed herein, all provisions of such Sewer Use Regulations shall be fully applicable and binding and of full force and effect. Only the Industrial Sewer Regulations on file shall be valid in the City of University Park. SECTION II THAT, Section 5, General Penalty, and Section 6, Severa- bility of Parts, shall apply. PASSED AND APPROVED this 5th day of March, 1984. ORDINANCE NO. 84/8 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 12 OF CHAP- TER 10, TRAFFIC CODE, OF THE CODE OF ORDINANCES, PROHI- BITING THE REMOVAL OF OVERTIME PARKING ENFORCEMENT MARKINGS; PROHIBITING UNAUTHORIZED PERSONS FROM APPLY- ING OVERTIME PARKING ENFORCEMENT MARKINGS; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Section 12, "Parking Regulations" of Chapter 10, "Traffic Code", of the Code of Ordinances of the City of University Park, Texas, be and it is hereby amended by adding a new Subsection K, to read as follows' K. Interference with Overtime Parking Enforcement. A person commits an offense if he or she removes or obli- terates the chalk or other marking from the tire of a vehicle parked on public property in an area which limits parking by signs, markings, or parking meters, when such chalk or other marking has been placed on the tire of such vehicle by a police officer or designated person in the enforcement of parking regulations. A person commits an offense if he applies a chalk or other mark- ing to the tire of a vehicle which is parked on public property in an area which limits parking by signs, mark- ings, or parking meters, with the intent to interfere with the lawful enforcement of parking regulations. SECTION II THAT, Section 12, of Chapter 10, of the Code of Ordinances, save and except as amended herein, shall remain in full force and effect. SECTION III THAT a person who violates a provision of this Ordinance is guilty of a misdemeanor, and is subject to a fine not to exceed $2oo. SECTION IV THAT this Ordinance shall take effect immediately from and after its passage and publication. PASSED AND APPROVED this 5th day of March, 1984. ATTEST' CITY MANAGER-CLERK ORDINANCE NO. 84/9 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 5 TO THE REVISED CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, 1981, AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981", has been revised by Supplement Number 5. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners of the City of University Park, Texas: SECTION I THAT Supplement Number 5 (ordinances through February 16, 1984) to the "Revised Code of Ordinances of the City of Univer- sity Park, 1981", is hereby adopted. SECTION I~I THAT for such Supplement Number 5 to the Code, the provi- sions of Chapter 1, Section 5 (General Penalty for Violations of Code) and Section 6 (Severability of Parts), or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordi- nances, City of University Park, shall also apply. PASSED AND APPROVED this 22nd day of March, 1984. MAYOR PRO - ATTEST ' // C CItYt MANAGER-CLERK (_~d ing) ORDINANCE NO. 84/10 AN ORDINANCE FOR THE CITY OF UNIVERSITY PARK, TEXAS ACCEPTING THE DDED GRANTING UTILITY AND ACCESS EASE- MENTS ON THE PROPERTY LOCATED IN BLOCK 2, WALKER'S ADDITION IN THE CITY OF UNIVERSITY PARK, TEXAS, FROM THE ATKINSON LAND COMPANY, INC., TO THE CITY OF UNI- VERSITY PARK, TEXAS AND THE PARKING EASEMENTS FROM THE ATKINSON LAND COMPANY, INC. TO THE NEW HIGHLAND RESIDENTS ASSOCIATION WHICH INSTRUMENTS GRANTING UTILITY AND ACCESS EASEMENTS. WHEREAS, on the 22nd day of March, 1984, the Atkinson Land Company, Inc. acting by and through its duly authorized Officers, executed the following instruments: Deed Granting Utility and Access Easements to the City of University Park, Texas, on the property described in the caption. Parking Easements to the New Highlands Residents Association which has been accepted by the City of University Park, Texas. AND WHEREAS, the Grantor has agreed to maintain said access driveway and said agreement provides that on the Grantor's failure to act, the City of University Park, Texas, shall perform the maintenance on said access driveway accord- ing to the City's standards therefor; and the Parking Easement provides that the maintenance of such easement shall be the responsibility of the Grantor and further provides if the Grantor fails to carry out such maintenance, the City of Uni- versity Park, Texas, shall perform the maintenance on said Parking Easement, in accordance with the City's customs. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECT ION I THAT the City of University Park, Texas, accepts such Deed Granting Utility and Access Easements and agrees that if the Grantor (Atkinson Land Company, Inc.) or its successors fails to maintain such easements, that the City of University Park, Texas, will perform the maintenance on said Access Easements. SECTION I I AND the City of University Park, Texas, further binds it- self that if the Grantors fail to carry out the maintenance on the Parking Easements that the City shall perform such mainte- nance in accordance with the City's customs. THAT this Ordinance shall become a part of the General Ordinances of the City of University Park, Texas. PASSED AND APPROVED this 22nd day of March, 1984. MAYOR PRO-TEb~ ATTE ST: ,~' C IT/Y MANAGER-CLERK ._[ACting) ORDINANCE NO. 77/328 (AMENDMENT NO. 41) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING SECTION 8-400 (SNIDER PLAZA) OF THE COMPREHENSIVE ZONING ORDINANCE, WHICH AMENDMENT AUTHORIZES THE ADDITION OF FLOOR SPACE AT 6901 HILLCREST AVENUE, AND PROVIDING A PENALTY. WHEREAS, on February 21, 1984, the Planning and Zoning Commission held a public hearing on the application of Park Cities Builders, Inc./Hayden & Constant and recommended it to the Board of Commissioners who, on March 22, 1984, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECTION I THAT the Comprehensive Zoning Ordinance of the City of University Park, Texas, Ordinance No. 77/328, Section 8-400, Subsection PD-1-R (Snider Plaza) is hereby amended to include the following: PD-1-R(e) Park Cities Savings Allowing Park Cities Builders, Inc., to enclose an existing covered drive-through at 6901 Hillcrest Avenue (south 113 feet of Lot 2, Block B, University Park Resubdivision) in order to add approximately 211 sq. ft. to the building that will be occupied by Park Cities Savings. More than the six (6) required park- ing spaces will be provided. SECTION II THAT the site plan for the addition shall be and the same is hereby approved, filed with the official planning and zoning records, and incorporated herein by reference. SECTION III THAT this amendment shall be listed as an Exhibit to the Zoning Ordinance, PD-1-R(e). SECTION IV THAT, Section 22, Penalty for Violations of the Zoning Ordinance shall apply. PASSED AND APPROVED this 22nd day of March, 1984. MAYOR PRO-T~ ATTEST ' CITY MANAGER-CLE~RK (Acting) ORDINANCE NO. 77/328 (AMENDMENT NO. 42) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK AMENDING THE ZONING ORDINANCE BY SUPPLEMENTING SECTION 4-109 UC, UNIVERSITY CAMPUS DISTRICT, AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Section 4-109 of the Zoning Ordinance is hereby amended to read as follows: 4-109 UC~ University Campus District The campus of Southern Methodist University exists entirely within the boundaries of University Park. The UC, University Campus District, is intended to provide a zoning classification for the actual active campus area which permits the range of uses and development standards appropriate for a major univer- sity. Nothing herein is intended to give a private owner, whose property is located within the University Campus District, any use other than the present use of the property or any use which would not be residential in nature. SECTION II THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 22nd day of March, 1984. ATTEST: /CITY MANAGER-ELERK ~'". C~ct ing) ORDINANCE NO. 84/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 1, SECTION I(9) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, IN REGARD TO ENROLL- MENT FEE FOR SWIMMING LESSONS TO CHILDREN UNDER SIX YEARS OF AGE, AND PROVIDING A PENALTY. BE tT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 1, Section 1.(9) of the Code of Ordinances is hereby amended to read as follows. (9) Use of Pools by Children Under Six (6) Years of Age Children under six (6) years of age who are qualified residents or bona fide guests of qualified residents may use any of the pools without charge when accompanied by a parent or guardian. If the parent or guardian desires to enroll such child in one of the swimming instruction classes, a ten dollar ($10.00) enrollment fee shall be paid for the child. SECTION II THAT, Chapter 1, Section 5 -General Penalty, and Section 6 -Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this llth day of May, 1984. ATTEST' ORDINANCE NO. 84/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, BY ADDING SECTION 13D TO THE CODE OF ORDINANCES, PERMITTING THE FIREFIGHTERS WHO ARE MEMBERS OF THE UNIVERSITY PARK FtREMEN'S RELIEF AND RETIREMENT FUND TO DEFER FEDERAL INCOME TAXES ON THEIR MONTHLY CONTRIBUTIONS TO THE PENSION FUND FROM THE TIME CONTRIBUTIONS ARE MADE TO THE LATER TIME BENEFITS ARE RECEIVED FROM THE FUND. WHEREAS, the State Firemen's Refief and Retirement Law in H.B. 1679 by Salinas was amended by the 1983 session of the Texas Legislature to permit firefighters to defer payment of Federal Income Taxes on their monthly contributions to the pension fund; and WHEREAS, the firefighters elected this income tax deferral option by a majority of the 33 participating members of the fund, voting by secret ballot, on October 13, 1983. Twenty-two (22) voted in favor of income tax deferral and five (5) voted against this change. The 22 voting in favor constitute a majority of the 33 participating members of the fund; and BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 13D, of the Code of Ordinances, City of University Park, Texas, shall read as follows: D. Firemen's Relief and Retirement Fund Deferred Com- pensation University Park firefighters may defer federal income taxes under the terms of Sections 10F (a) and (b) of the State Firemen's Relief and Retire- ment Law, subject to a favorable determination by the Internal Revenue Service that the fire- fighter's pension plan is a qualified retirement plan. PASSED AND APPROVED this llth day of May, 1984. ~TTEST: MAYOR CITY MAN~AGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 43) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING A SPECIFIC USE PERMIT FOR SPORT COURT CONSTRUCTION AT LOT 3A, BLOCK E, ST. ANDREWS PLACE ADDITION, KNOWN AS 4006 SHENANDOAH~ AND PROVIDING A PENALTY. WHEREAS, Hugo Schoellkopf, owner, has requested a specific use permit to build a sports court with two ten-foot high basket- ball goals and with a ten-foot high chain link fence at his property at 4006 Shenandoah; and WHEREAS the Planning and Zoning Commission held a public hearing on the request on May 1, 1984, and recommended the specific use permit to the Board of Commissioners; and WHEREAS, after official notice, a public hearing as required by law was held by the Board of Commissioners of the City of University Park on May 23, 1984: NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is amended and supplemented as follows' THAT the specific use permit, as filed with the Building Department, be approved for Lot 3A, Block E, St. Andrews Place Addition, for the building of a sports court with two ten-foot high basketball goals and a ten-foot high chain link fence. At no time shall this court be lighted. Also that the appendix listing of specific use permits be amended by adding the following: SPECIFIC USE PERMIT NO. TYPE OF USE S-8 Sports Court SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 23rd day of May, 1984. MAYOR CITY MAnAGER*CLERK ORDINANCE NO. 84/14 AMENDING CHAPTER 11, SECTION 2.E(2) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, IN REGARD TO ADMINISTRATIVE HEARING FOR CUSTOMERS WHO FAIL TO PAY A WATER BILL, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 11, Section 2.E(2) of the Code of Ordinances is hereby amended and supplemented to read as follows: (2) If the consumer has not paid the bill within twenty (20) days after the day of mailing thereof, it shall be the duty of the manager of the utility office to notify the consumer in writing that the water is to be cut off and service discontinued at the end of a ten (10) day period if payment has not been received in the office. The consumer may ask for an administrative hearing with the finance director and/or city manager to present valid reasons why the water should not be cut off and service discontinued. This may be done at any time during the thirty (30) day period of time after the bills have been mailed. Should the finance director and/or city manager decide that the customer does indeed have a valid reason for not paying the bill at this time, water service may be continued. Customer will be advised at this time when payment is expected and conditions thereof. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of May, 1984. ~yf--~ MAYOR ATTEST: CITY ~NAGER-CLERK / ORDINANCE NO. 84/15 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING CHAPTER 11, SECTION 5 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY ~PARK, PROVIDING FOR A NEW SCHEDULE OF UTILITY SERVICE CONNECTION FEES, AND ALSO PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 5 of the Code of Ordinances, City of University Park, is hereby amended to read as follows' SECTION 5' SCHEDULE OF UTILITY SERVICE CONNECTION FEES For services performed by the city as denoted in this chapter, the following charges shall be made: 5/8" water meter ........................... 1" water meter ............................. Alley break for water tap .................. Sewer tap .................................. Sewer tap with clean-out ................... Alley break for sewer tap .................. Alley break for plugging old tap ........... Plug old tap ............................... $150 00 200 00 160 00 125 00 180 00 160 00 160 00 115 00 The price for all meters greater than one inch (1") in size shall be determined by the city, based on location, current costs, and specifications of the meter. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Sever ab il ity of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of May, 1984. ORDINANCE NO. 84/16 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING CHAPTER 6, SECTION 1, SUBSECTIONS F(4) and H. OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, IN REGARD TO GARBAGE COLLECTION, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 6, Section 1.F(4) of the Code of Ordinances is hereby amended to read as follows' (4) The receptacle or bag for trash shall be placed at the point found and designated by the agent of the city as most accessible for collection and removal. In the event trash, brush, limbs, etc., is of such a nature that it cannot be put in a receptacle or bag, it shall be arranged in bundles not exceeding fifty (50) pounds and placed in the parkway adjacent to the premises for collection. SECTION I I THAT, Chapter 6, Section 1.H. of the Code of Ordinances is hereby amended to read as follows' H. RESIDENTIAL COLLECTION FEES (1) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses and apartment houses as follows- Single-family dwelling ............... Two-family dwelling, per unit ........ Apartments, per unit ................. Carry-outs, each unit ................ $ 5.50 5.50 5.50 11.00 The Sanitation department shall determine equitable charges for containers placed at residences for the convenience of such residences, but in no event shall such charge be less than the minimum commercial charge of ten dollars and fifty cents ($10.50). (2) The City shall charge the following sums for the removal of appliances' Range, refrigerator .................. Washer, dryer, window air conditioner, water heater, etc.- .................. $12.50 7.50 SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of May, 1984. ORDINANCE NO. 84/11 AMENDING CHAPTER 6, SECTION 3.0,~ TO INCREASE THE HEALTH PERMIT FEE FOR FOOD SERVICE ESTABLISHMENTS AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 6, Section 3.0 of the Code of Ordinances is hereby amended to read as follows: O. PERMIT FEE An annual fee of one hundred dollars ($100.00) will be collected from each food service estab- lishment for the initial permit and thereafter for the renewal of such permit. SECTION II THAT Chapter 1, Section 5, General Penalty~ and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of April, 1984. ! .MAYO R / ,/ ORDINANCE NO. 84/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 1.C(6) (b) OF THE CODE OF ORDINAN- CES, CITY OF UNIVERSITY PARK, INCREASING BUILDING PERMIT FEES, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, Chapter 3, Section 1.C. (6)(b) of the Code of Ordi- nances, City of University Park, is hereby amended to read as follows: (b) Any person, persons, firm, association, contractor, company, corporation, or any other entity to whom a building permit is issued shall, before said permit is issued, make application to the City of University Park for such permit, make a sworn statement in writing on a form provided for the purpose, stating the approximate total market value of the proposed building or improve- ment including all plumbing and electrical and other mechanical equipment, devices and materials. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations, and repairs as specified in the following table: FEES FOR NEW CONSTRUCTION OCCUPANCY Residential Nonresidential BUILDING AREA SQUARE FEET BUILDING PERMIT FEE 1,000 or less ............... $ 1,250 ............... 1,500 ............... 1,750 ............... 2,000 ............... - 2,250 ............... 2,500 ............... - 3,000 ............... 3,500 ............... 4,000 ............... 4,500 ............... 4,501 or more ............... 800 00 1,000 00 1,200 00 1,400 00 1,600 00 1,800 00 2,000 2,400 2,800 3,200 3,600 3,600 per sq.ft, in excess of 4,500 00 00 00 00 00 00 + 80¢ o - 50 ............... 51 - 100 ............... 25 101 - 250 ............... 30 251 - 500 ............... 45 501 - 100,000 ............. 40 100,000 - 500,000 ............. 1,000 500,000 or more ............... 6,000 20 00 minimum 00 00 00 00 + 5¢/sq.ft. 00 + 4¢/sq.ft. 00 + 3¢/sq.ft. FEES FOR ADDITIONS, ALTERATIONS AND REPAIRS OCCUPANCY VALUATION IN $ BUILDING PERMIT FEE A11 o - 500 ............... $ 501 - 1,000 ............... 1,001 - 2,500 ............... 2,501 - 5,000 ............... 5,000 or more ............... 20.00 30.00 40.00 50.00 1% of value THAT, Chapter 1, Section 5-General Provisions, and Section 6-Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of May, 1984. ORDINANCE NO. 84/18 AMENDING CITY OF UNIVERSITY PARK ORDINANCE NO. 79/10, THE SAMMONS COMMUNICATIONS, INC., CABLE TELEVISION FRANCHISE, BY REPLACING SCHEDULE A, THE SCHEDULE OF RATES SET FORTH THEREIN WITH A NEW SCHEDULE OF RATES; AJ~D FROViDiNG A~\LT¥. WHEREAS, Sammons Communications, Inc., has applied to the City of University Park, Texas, for an increase in subscriber rates; and WHEREAS, pursuant to Ordinance No. 79/10, the City of Uni- versity Park, Texas, must approve such rate increases; and WHEREAS, the City of University Park, after reviewing the rate increase proposal, desires to grant its approval thereto. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas' SECT ION I THAT, Ordinance No. 79/10, Section 9, Schedule A is hereby amended by deleting Schedule A thereto in its entirety and sub- stituting Schedule A attached hereto therefor. SECTION II THAT, this ordinance shall take effect immediately from and after its passage by the City and become effective as otherwise provided by law. PASSED AND APPROVED this 4th day of June, 1984. MAYOR ~ATTE ST: CITY ~NAGER-CLERK / ORDINANCE NO. 84/18 (continued) SCHEDULE A UNI~RSITY PARK TARIFF SCHEDULE A.1 Standard Installation A standard installation consists of an aerial drop (not exceeding 150 feet) from single pole attachment to the subscriber's residence. Material and labor for drop in excess of 150 feet, con- cealed wiring, and all underground drops will be quoted at the Company's cost, A. 2 Prewiring The owner/builder of a residential or commercial building or project shall have the right to prewire the premises for cable service upon providing evidence, acceptable to Sammons, that the design, construction and materials for the prewiring are compati- ble with Sammons' existing cable system. Alternatively, prewiring may be accomplished as set forth in paragraphs A.2(a) and A.2(b) hereof. (a) When prewiring is requested by an owner/builder of a commercial multiple outlet building, Sammons will determine and/or approve the method and means whereby prewiring may be accomplished. Sammons may provide the engineering design and the materials required at its cost. The owner/builder will be responsible for installing the material in accordance with the specifications provided by Sammons. (b) If owner/builder requests Sammons to provide the pre- wiring, Sammons, given sufficient notice, will arrange to have the work accomplished at its cost. B. INSTALLATION FEES Sammons may require a deposit in an amount not to exceed the current cost of a converter which is placed on the customer's pre- mises at his or her request for use with either a primary or an additional outlet. B.1 Residential Installations The following installation rates apply for Basic Service to single-family dwelling units and individual apartments/flats with- in multiple-dwelling structures. Primary Outlet Standard Installation - Aerial Drop $30.00 Each Additional Outlet (same service call as Primary Outlet Installation) 15.00 Each Additional Outlet '(separate service call) 25.00 Non-Standard and Underground Installations At Sammons' Cost B.2 Other Installations The installation rates for Basic Service which apply to all other facilities is at Sammons' cost. B.3 Public and Parochial Schools, Colleges, Municipal Buildings and Dealers in Television Sales and Service A service drop installation will be provided, on request, with- out charge, to a single point of entrance to a building or complex of buildings located at one geographic area, at public and parochial schools, colleges, City and dealers in television sales and service, which are within one hundred fifty (150') feet of a feeder line. ORDINANCE NO. 84/18 (continued) Interior cabling and exterior distribution within a complex of buildings in a geographic area shall be provided on request at Sammons' cost. Should the school or City desire to provide its own exterior/ interior distribution, Sammons will render technical assistance without charge. Such installations are subject to inspection and approval by Sammons. B.4 Sammons' Employees Sammons' employees will be provided with free installation. C. MONTHLY SERVICE CHARGES C.1 Residential Dwellings and Commercial Establishments The following rates apply to commercial establishments (ex- cluding C.2), single-family dwelling units, and individual apart- ments/flats within multiple-dwelling structures: Primary Outlet, Monthly~ with Converter $ 9.95 Primary Outlet, Monthly, without Converter 8.45 Additional Outlets, Monthly, Each with Converter 4.95 Additional Outlets, Monthly, Each without Converter 3.50 C.2 Certain Institutional Rates The following rates apply to hotels, motels, nursing homes, hospitals and other similar institutions not considered a "dwelling" unit (i.e., not having per-unit kitchen and bathroom facilities) which request se~ice on a single-billing basis for one hundred (100%) percent of the rooms or units within the structure. Deposits equal to the cost of the converter will be required for all converters supplied to these facilities: Each Outlet Negotiated Rate C.3 Sammons' Employees Employees of Sammons living in the cabled areas will be pro- vided with cable service free of charge in return for their agreement to undertake the followins: (1) the employees shall observe reception in their homes periodically and shall report their findings to Sammons as directed, and (2) tests of services of an experimental nature, not offered to the general public, will be made in the homes of such Sammons' employees upon request of Sammons. D. OTHER CHARGES D.1 Transfers When a subscriber moves from one address within the franchised area to another address within the franchised area and there fs no lapse in service, a transfer charge will be made as follows: (a) if drop-cable must be installed from pole to dwelling, $30.00; and (b) if drop-cable exists from pole to dwelling, $15.00. D.2 Reconnects Subscribers desiring restoration of service at same location shall first pay off any past indebtedness. A reconnect charge of $20.00 shall be paid by the subscriber. If the restoration of service is required due to an involuntary disconnection a reconnect charge of $30.00 shall be paid by the subscriber. ORDINANCE NO. 84/18 (continued) D.3 Relocation of Extension of Cable When a current subscriber requests that a standard extension or relocation of his cable be made, the charge will be $20.00. Non-standard relocations will be at Sammons' cost. D.4 PromotiDnal Purposes From time to time, Sammons may waive certain installation charges for promotional purposes. During these promotions, trans- fers and reconnect charges may be adjusted downward so that they are no greater than the promotional installation charge. ORDINANCE NO. 84/19 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER !, SECTION 18(C) (1), AMBULANCE FEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECTION I THAT, Chapter 1, Section 18(c)(1), of the'Code of Ordinan- ces, City of University Park, Texas, is hereby amended to read as follows: C. Emergency Ambulance Service Fees (i) A fee of one hundred and twenty dollars ($120.00) shall be charged per trip per person for the transportation by emergency ambulance of a person or persons 'to a hospital providing medical aid, if such hospital is located within '¢he city limits of Dallas and if the call is in response to a call received by the fire department for emergency ambulance service. In the event the person requesting the service requires transportation beyond the city limits of Dallas, the charge shall be one hundred and twenty dollars ($120.00) per trip per person plus one dollar and fifty cents ($1.50) per mile beyond the city limits to the destination. In all cases, whether one (1) person or more than one (1) person is transported in the same ambulance, the per trip charge applies to each individual. PASSED AND APPROVED this 21st day of Jmne, 1984. ORDINANCE NO. 84/20 AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS, SEVERABILITY: REPEAL OF CONFLICTING ORDINANCES. WHEREAS, On March 9, 1984, Texas Utilities Electric Co. (TUEC) filed with the City of University Park a request for an increase in electric utility rates to be charged within the City in the amount of approximately $304.2 million per annum plus an increase in fuel expense included in rates in the amount of $157.9 million per annum on a system-wide basis; and WHEREAS, the City, having suspended the effective date of such proposed increase from April 13, 1984, and having consid- ered the same at a public hearing, is of the opinion and finds that the rates of TUEC should be adjusted; NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECT ION I THAT the rates, tariffs, and charges of TUEC for electric power and energy sold within the City be adjusted in an amount such that the adjusted total system-wide operating revenues for the Company be decreased $30,806,000, such decrease consisting of an increase of $32,191,000 per annum in non-fuel costs in- cluded in rates and a decrease of $62,997,000 per annum in fuel costs included in rates. Such Schedules of Rates, as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect energy within the corporate limits of the City until such time as said Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the Board of Com- missioners. SECTION II THAT TUEC shall file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs, and charges based upon such decrease in total operating revenues as prescribed herein. Such Schedule of Rates and Tariffs may be modified or amended by the Board of Commissioners within ten (10) days from the date of filing with the City, otherwise the same shall be considered approved as filed. Such Schedule of Rates and Tariffs, as the same may be modified or amended, shall not become effective prior to the date upon which rates for customers of TUEC within unincorporated areas are allowed to go into effect by the Public Utility Commission of Texas in Docket 5640 now pending before such Commission and shall not, in any case, exceed those rates set in such Docket 5640 for customers of TUEC in unincorporated areas. SECTION III THAT the action of the Board of Commissioners of the City of University Park enacting this Ordinance constitutes, on the date of its final passage, a final determination of rates for TUEC within the City of University Park in accordance with Section 43(e) of the Public Utility Regulatory Act. SECTION IV THAT nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of TUEC. ORDINANCE NO. 84/20 (continued) SECTION V THAT all Ordinances, Resolutions, or parts thereof, in conflict herewith are repealed to the extent of such conflict. PASSED AND APPROVED on this 21st day of June, 1984. MAYOR ORDINANCE NO. 84/21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 6, SECTION 1(I)(1) OF THE CODE OF ORDINANCES, PROVIDING FOR A MINIMUM ON COMMERCIAL GARBAGE COLLECTION FEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS. SECTION 1 THAT, Chapter 6, Section 1(I)(1), of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: I. Commercial Collection Fees (i) The City shall fox' its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office build- ings and properties, charge a minimum of five dollars and fifty cents ($5.50) fox' once a month service and ten dollars and fifty cents ($10.50) fox' twice a week service. However, where containers have been placed at establishments, all charges shall be based on studies made by the Sanitation Department in regard to volume, time necessary fox' collection and days per week of col- lection except that the Sanitation Department shall use the following schedule as a guideline in such estimation: Collections 1 2 3 ox' More Per Week Container Containers Containers 2 $ 36.75 $ 57.75 $ 68.25 3 48.30 73.50 92.40 4 59.85 89.25 117.60 5 73.50 107.10 141.75 6 87.15 131.25 159.60 Under no circumstances shall any commercial customer have a collection fee below five dollars and fifty cents ($5.50). PASSED AND APPROVED this the 2nd day of July, 1984. ATTE ST: CITY/MANAGE~-CLERK MAYOR ORDINANCE NO. 84/22 AN ORDINANCE SUPPLEMENTING CHAPTER 4, BUSINESS REGULATIONS, SECTION 1, BY ADDING SECTION 1.i PROVIDING FOR THE REGULA- TION OF VENDORS WHO WILL OBTAIN A PERMIT FROM THE CITY TO DISTRIBUTE FROZEN DAIRY FOOD PRODUCTS FROM A MOBILE FOOD UNIT; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COIvg41SSIONERS OF THE CITY OF UNIVERSITY PARK: THAT, Chapter 4, Business Regulations, Section 1, is supplemented by adopting the following language: SECTION 1.1: PERMIT TO VEND FROZEN DAIRY FOOD PRODUCTS. A. PURPOSE The provisions of this section shall apply to all persons seeking a permit to vend Frozen Dairy Food Products. B. DEFINITIONS (1) Peddler, solicitor, and person means any individual, firm, company, partnership, corporation, society, religious sect, organization, or league, and includes any trustee, receiver, assignee, agent, or similar representative. (2) Street means the portion of the street which is generally paved, designated, or used £or vehicular traffic, and all areas dedicated to public use fox' public street purposes, which includes parkways, alleys, and sidewalks. Parkway shall ~nean the area between the edge of the desig- nated street and the adjacent owner's property line. (4) Sidewalk means any surface provided fox' the exclusive use of pedestrians. (5) City means the City of University Park, Texas. (6) Frozen Dairy Food Products means any frozen dessert that is wrapped in a paper or foil covering which may be dis- pensed from a mobile food unit on 'the streets or avenues as permitted by these ordinances. (7) Mobile Food Unit is a motor vehicle which may be operated on t~e streets permitted by this ordinance but not on the major thoroughfares hereinafter mentioned. In order to operate such mobile food unit, 'the operator must have a permit authorizing such operation obtained from the City of University Park. C. PERMITS (1) Permit Required (a) It shall be unlawful fox' any person soliciting to take orders fox' or sell frozen dairy food products from the permitted streets in this City without having a permit authorizing such transactions. (b) Each person engaged in peddling or soliciting ox' selling as defined in paragraph (a) above must have a permit issued under the terms of this section, and ORDINANCE NO. 84/22, Continued. (2) (c) such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit void. (d) Each permit shall designate an expiration date and define the hours when peddling, soliciting, and selling within the city are permitted. (e) A permit shall not be issued to any person under fourteen (14) years of age. A permit shall not be issued to any minor between the ages of fourteen (14) and eighteen (18) years without written permission, under oath, from the minor's parent or guardian. Solicitation shall be deemed completed when made, regard- less of whether or not the person making the solicitation receives any contribution or makes any sale as defined herein. A permit shall not be issued to any person until he has provided the City of University Park with a public liability policy insur- ing the City and/or customers of the mobile food unit by an insurance company acceptable to the City of University Park with policy limits of $100,000.00 fox' each person or $300,000.00 max imum. (3) Permit Application (4) Each application fox' a permit required by this section shall be in writing under oath filed with the City Manager-Clerk and shall set out the following: (a) Name of the applicant, with his permanent residence. (b) Name and address of the firm or persons he represents, or by whom he is employed. (c) The kind, type, and character of goods he proposes to offer fox' sale. Included shall be the brand name, manufacturer, and distributor of goods and commodities, and frozen dairy food products to be offered for sale. (d) Names and addresses of five (5) persons as references, excluding relatives and persons living with the applicant. (e) How often the applicant will solicit during the year. (f) The names of any cities where applicant has worked within the previous thirty (30) days. (g) Whether or not applicant has ever been convicted of a felony or a misdemeanor involving moral turpitude. (h) Driver's license number. (i) Social security number. Permit Attachments In addition, there shall be attached to each application fox' a permit, the following: (a) Two (2) recent photographic likenesses of the applicant's face, which photographs shall not exceed one inch (1") square in size. ORDINANCE NO. 84/22, Continued. (5) (6) (7) (b) A certificate or letter from the president~ vice president, general manager, sales manager, assistant sales manager, or district or area manager of the company for which the applicant works, sells~ or solicits stating that the applicant is an employee and/or agent of such company. (c) In the event that the applicant is an individual who is not convassing, selling, or soliciting fox' any firm or company, letters of recommendation from two (2) citizens of the applicant's permanent residence shall be submitted. Investigation Fee A fee of fifteen dollars ($15.00) for investigation shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. Investigation of Applicant It shall be the duty of the chief of police to investigate each applicant and make a report thereon to the city manager-clerk before issuance of a permit. Issuance of Permit It shall be the duty of the city manager-clerk to issue or refuse to issue such permit not earlier than five (5) days and not later than two (2) weeks from the time the applica- tion therefor is received by him. Ail permits shall expire within twelve (12) months from the date of issuance. (8) Permit to be Carried on Person While Selling (9) (lO) (ii) It shall be unlawful fox' any person to sell or solicit in the city without carrying the permit required by this sec- tion on his person while engaged in such soliciting or sell lng. Exhibiting Permit Every solicitor or peddler or seller shall identify himself as a salesman upon approaching a citizen in a public place and explain his purpose, whether it be direct sales or solicitation, and shall produce fox' inspection, upon request by any person, the solicitor's permit issued by this city. Revocation of Permit If, after the permit required by this section has been issued, the mayor, city manager-clerk, chief of police, or other official of the city finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant's product or service by the city, it may be revoked by the city manager-clerk, city attorney, or chief of police. Appeals If Permit Denied If the city manager-clerk refuses to issue the permit required by this section, the applicant shall have the right to appeal to the board of commissioners. Such appeal, if taken, must ORDINANCE NO. 84/22, Continued. be in writing addressed to the city commission and filed with the city manager-clerk within ten (10) days from the date of refusal. The same procedure of appeal shall apply also to permits revoked under paragraph (9) above. The board of commissioners shall hold an open public hearing on such appeal, at either a regular or special meeting, after furnishing notice of such hearing to the app 1 ic ant. D o It shall be unlawful for any person to solicit the occupant of any vehicle located on any paved surface or shoulder of any street for the purpose of selling any frozen dairy food prod- ucts or frozen desserts which are offered for sale from the mobile food unit. It shall be unlawful for any operator of a mobile food unit to remain in one place for more than five (5) minutes without moving on to a new location after completing each sale .and this does not authorize the sale of frozen dairy food products from major thoroughfares which is otherwise prohibited. E o It shall be unlawful for any permit holder to use children ten (10) years of age or less for solicitation purposes in connection with the sale of frozen dairy food products. It shall be unlawful for any person to peddle, solicit, hawk, sell, or take orders for, or offer to take orders for any item or service as listed in this section on the following streets in the city: (a) Douglas McFarlin (between Preston and Hillcrest only) Univers ity Lovers Lane Southwestern (between Central and Preston only) Daniels (between Dickens and Airline) Hillcrest Preston Expressway service roads Lomo Alto (North of Lovers Lane only) Airline Boedecker (North of Southwestern only) All designated school zones (during effective hours) It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitation, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehi- cles moving or stopped in traffic on a public street or alley. No person shall, in person, peddle, solicit, or sell frozen dairy food products in the city during the following hours: (i) From 6:00 p.m. to 9:00 a.m. during the months of November through April. (2) From 8:00 p.m. to 9:00 a.m. during the months of May through October. PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, on the 2nd day of July, 1984. APPR~jp MAYOR ORDINANCE NO. 84/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 7, SECTION I.D. OF THE CODE OF ORDINANCES IN REGARD TO VENDING FROM PUBLIC PROPERTY, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, Chapter 7 (Offenses and Nuisances), Section I.D. of the Code of Ordinances is hereby amended to read as follows: D. VENDING FROM PUBLIC PROPERTY PROHIBITED 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 within the city, except as provided under Chapter 4, Section 1.1. 'Permit to Vend Frozen Dairy Food Products. SECTION I I THAT, Chapter 1, Section 5 (General Penalty), and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of July, 1984. MAYO R ORDINANCE NO. 84/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK~ TEXAS, ABANDONING AN EASEMENT ACROSS LOTS 1, 2, AND 5, BLOCK F, ST. ANDREWS PLACE ADDITION. WHEREAS, the City of University Park has ceased to use for any purpose an easement across Lots 1, 2, and 3, Block F, St. Andrews Place Addition; and WHEREAS, it appears that the abandonment of such easement would be in the best interest of all parties and would not be adverse to the citizens of University Park; and WHEREAS, the Legislature of the State of Texas has dele- gated to the Board of Commissioners of the City of University Park, the exclusive control over the streets, alleys, parks, and public grounds and highways in such city, and has delegated to the Board of Commissioners of this city by ordinance, to vacate, abandon, and close any street, alley, or public way; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS' SECT ION I THAT, an undefined three and one-half foot (3-1/2') easement across Lots 1, 2, and 3, Block F, St. Andrews Place Addition, contained in the deed dated November 18, 1911, and recorded in Volume 530, page 371, Dallas County Records Decem- ber 2, 1911, is hereby abandoned; and SECTION II THAT, the abandonment provided shall extend only to the public right and interest contained in the above-described easement; and SECTION III THAT, a copy of this Ordinance may be filed in any manner that may be necessary or appropriate to show the vacation or abandonment of said described easement. PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, on this 19th day of July, 1984. CITY ANAGE R-'CLERK / APPROVED: MAY O R ~j/ ORDINANCE NO. 77/328 (AMENDMENT NO. 44) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING SECTION 8-600, SUBSECTION A.13. OF THE ZONING ORDINANCE, IN REGARD TO SCHOOL, PUBLIC OR DENOMINA- TIONAL, AND PROVIDING A PENALTY. WHEREAS, at its meeting of June 19, 1984, the Planning and Zoning Commission recommended this ordinance to the Board of Commissioners; NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, City of University Park, Texas: SECT ION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Section 8-600, Subsection A.13., is hereby amended to read as follows: 13. School, Public or Denominational A school under the operation of a public or religious agency having a curriculum generally equivalent to public elementary or secondary schools, but not including trade or commercial schools, nursery schools or day care centers. SECTION ti THAT, Chapter 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 19th day of July, 1984. ATTEST:~ / d ,, i ,,d;' /,/,/4: ..~.4..,~f,..[. - 'k_.lC..... 'i~.,¢, / / ORDINANCE NO. 84/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 14-C OF THE CODE OF ORDI- NANCES REQUIRING A PERMIT FOR SIDEWALK CONSTRUCTION, CURB BREAK OUT, DRIVEWAY APPROACH, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 14-C, of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: C. Permit Required (1) No person shall construct, reconstruct, alter, repair, remove or replace any sidewalk or drive- way on a public property without first obtaining a permit from the Building Department. (a) In all residential areas, persons shall meet the requirements for such construction and reconstruction or repair as required in "B" above and meet other specifications as required in the Zoning Ordinance. (b) In commercial and retail areas, in addition to adhering to the requirements of "B" of this section and the Zoning Ordinance, all requests for curb break-outs shall be per- mitted only after a complete traffic study by the department of public works of the City of University Park. Curb break-outs shall be limited in size, location, number and direction depending upon the traffic condi- tions of the street necessitating such curb cuts. The director of public works shall be the final authority on size, location, number and direction of such curb cuts; however, no person shall be denied a right to ingress and egress to his property, and the director of public works' decision may be appealed to the Board of Commissioners at its next sched- uled meeting. SECTION II THAT, Section 5, General Penalty, and Section 6, Severa- bility of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this ATTEST: \ 6th day of ~u/~ 1984. MAYOR ,/c~// !//.,'/2' /~/ // CITY MANAGER-CLERK / ORDINANCE NO. 84/26 AN ORDINANCE Of THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 6 TO THE REVISED CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, 1981, AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park~ 1981", has been revised by Supplement No. 6. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners of the City of University Park, Texas: SECTION I THAT Supplement No. 6 (ordinances through July 19, 1984) to the "Revised Code of Ordinances of the City of University Park, 1981", is hereby adopted. SECTION II THAT for such Supplement No. 6 to the Code, the provisions of Chapter 1, Section 5 (General Penalty for Violations of Code) and Section 6 (Severability of Parts), or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordi- nances, City of University Park, shall also apply. PASSED AND APPROVED this the 30th day of August, 1984. ORDINANCE NO. 84.27 AN ORDINANCE ESTABLISHING A NEW MAIN LINE EXTENSION RATE APPLICABLE TO MAIN LINE EXTENSIONS BY LONE STAR GAS COMPANY WITHIN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lone Star Gas Company, a Division of ENSERCH CORPORATION, is the holder of a franchise to distribute natural gas within the municipal limits of the City of University Park, Texas, and WHEREAS, the existing main line extension rate for resi- dential extensions within the municipal limits is $4.50 per foot for each beyond the applicable free limit, and WHEREAS, Lone Star Gas Company desires to change the main line extension rate to more closely match the rate with the actual cost of extension, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMIS- SIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1: Effective upon the date of passage of this ordinance, the charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adusted actual cost as determined by applying the latest Handy- Whitman Index to the 1975 actual base cost of $2.94. The Company shall file the calculation of such charge with the city as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. SECTION 2: Any prior ordinance establishing a main line extension rate for Lone Star Gas Company is hereby repealed to the extent that the prior provision is inconsistent with SECTION 1 of this ordinance. In all other respects, prior ordinances are not effected by this ordinance. SECTION 3: It is hereby found and determined that the meet- ing at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place, and purpose of said meeting was given. PASSED AND APPROVED on this the 30th day of August, 1984. ATTEST :~x~ ! /,/9 CITY ~AGER-CLERK / ORDINANCE NO. 77/328 (AMENDMENT NO. 45) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING SECTION 8-400 PLANNED DEVELOPMENT DISTRICT, SUBSECTION PD-2-R (MIRACLE MILE) OF THE COMPREHENSIVE ZONING ORDINANCE, AND PROVIDING A PENALTY. WHEREAS, on July 31, 1984, the Planning and Zoning Com- mission of the City of University Park held a public hearing on the application of Nichey L. Oates dba. Carlisle Property Company and recommended it to the Board of Commissioners who, on August 30, 1984, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION I SECTION PD-2R(c) Niche~ L. Oates, dba. Carlisle Property Co. That the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to permit the increase of floor area (from the existing 50' x 60' structure to 50' x 80') of the building located at 4412-16 Lovers Lane, the E. 50' of Lot 2, Block B, Idlewild No. 2 Addition. SECTION II THAT the building permit to be issued in connection with this amendment to PD-2-R shall specifically include the follow- ing requirements: (1) (2) (3) That 20' is the maximum addition allowed; That only flat facade or awning signs are allowed; That the structure shall not be leased for any use but retail sales, or sale of items that are subject to sales tax as determined by the State Comptroller. SECTION III THAT this amendment shall be listed as an Exhibit to the Zoning Ordinance - PD-2-R(c) . SECTION IV THAT Section 22, Penalty for Violations of the Zoning Ordinance shall apply. PASSED AND APPROVED this 30th day of August, 1984. ORDINANCE NO. 77/328 (AMENDMENT NO. 46) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING PARAGRAPH 8-107 OF THE ZONING ORDINANCE BY ADDING A NEW CATEGORY, TANNING SALON, TO RETAIL AND SERVICE TYPE USES, AND PROVI- DING A PENALTY. WHEREAS, on July 31, 1984, the Planning and Zoning Com- mission of the City of University Park held a public hearing on the application of Barbara Hairston and recommended it to the Board of Commissioners who, on August 30, 1984, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commis- sioners of the City of University Park, Texas: SECTION I 8-107 Retail and Service Type Uses That a new category - tanning salon - be added to the schedule of uses with the following conditions: (t) Allowed only in GR, General Retail Districts; (2) Allowed only on second floor and above; (3) Allowed only when on duty someone can observe all rooms; (4) Allowed only if not operated past 10:00 p.m. SECTION II THAT the building permit to be issued in connection with this amendment to Paragraph 8-107 shall specifically include the above requirements. SECTION III THAT Section 22, Penalty for Violations of the Zoning Ordinance shall apply. PASSED AND APPROVED this the 30th day of August, 1984. ORDINANCE NO. 77/328 (AMENDMENT NO. 47) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING APPENDIX A, SECTION 21-101.22(a) OF THE ZONING ORDINANCE IN REGARD TO LOT FRONTAGE AND PRO- VIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is hereby amended to read as follows: 21-101.22 (a) Frontage On inside lots or lots abutting on a single street or thoroughfare, the frontage shall be that portion of a lot or tract that is a part of a platted lot of record, as denoted in Sections 10-101 through 15-103, abutting on a street or public thoroughfare forty (40') feet or more in width. On outside lots or lots abutting on two (2) or more intersecting streets forty (40') feet or more in width, the frontage shall be that portion of a platted lot of record, such street or thoroughfare having the least dimension except when all of the abutting properties face the street where the long dimension is located. If the subject property has not historically faced the least dimension, then the long dimension of the lot shall be the frontage. Corner lots abutting two or more streets with widths of forty (40') feet or more and having more than 35,000 sq. ft. of area shall observe side yard set-backs as great as the abutting side yard if the neighboring property has established set-backs which are identifiable; however, in no case shall such side yard be required to be more than fifty feet in depth. SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 30th day of August, 1984. ATTEST :~ CITY ~NAGER-CLER~ ORDINANCE NO. 84/28 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1984 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1984, it is hereby levied on all pro- perty located within the City of University Park, Texas, on the first day of January 1984, and not exempted by the consti- tution and laws of the State of Texas, an ad valorem tax of thirty-nine cents ($.39) on each and every one-hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3126 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0774 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1984 tax year, the Board of Commissioners authorized a general home- stead exemption of forty percent (40%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1984 levy. PASSED AND APPROVED this 27th day of September, 1984. MAYOR /CITY ~NAGER-CLERK / ORDINANCE NO. 84/29 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING SEPTEMBER 30, 1985, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager-Clerk as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1984, and ending September 30, 1985, under full compliance with budgetary requirements of Article 689, a-13, West's Texas Statutes and Codes. SECTION II THAT, the preliminary budget was filed in the office of the Assistant City Clerk on August 3, 1984, and such filing was thirty (30) days prior to September 30, 1984. SECTION III THAT, a notice of a public hearing for September 27, 1984 at 8:00 a.m. was duly advertised. SECTION IV THAT, the officially approved copy of this budget of the City of University Park is marked and filed in the office of the Assistant City Clerk. PASSED AND APPROVED this 27th day of September, 1984. ORDINANCE NO. 84/30 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: 1. Pay Plan POSITION 1ST MID 3RD GRADE MINIMUM QUARTER POINT QUARTER Chief of Police & Fire 47 Director of Public Works 47 Finance Director MAX IMUM Public Works Engineer Asst. to City Engineer Fire Mar shal/Asst. Chief Police Captain 42 2449 2736 3024 3311 3599 42 " " " .... 42 " ' ....... 42 ...... " " 41 reserved Bldg. Official/Traffic Super intendant 40 Administrative Coordinator Parks & Sanitation 40 Police Lieutenant 40 Fire Training Chief 40 Purchasing/Personnel Mgr 39 Tax Collector 39 Police Sergeant Fire Captain Quality Control/Training Officer 38 1945 2144 2343 2542 2741 38 " " ' ..... 37 1824 2004 2185 2365 2545 36 1710 1873 2035 2197 2360 Mechanic Foreman Buyer Administrative Assr: Finance Department Water Department Mgr Building Inspector I Public Safety Data Services Specialist 35 Utility Foreman 35 Asst. Bldg. Official 35 Asst. City Clerk 35 Lead Mechanic 35 46 2983 3378 3776 4172 4569 45 reserved 44 reserved 43 reserved 2178 2425 2672 2919 3166 2069 2288 2508 2727 2947 1592 1738 1884 2030 2176 3123 3550 3978 4405 4833 POSITION GRADE 1ST MID 3RD MINIMUM QUARTER POINT QUARTER MAXIMUM Bldg. Inspector II 34 Foreman 34 Utility Worker I 34 Dispatcher 34 Mechanic Welder 34 Administrative Assistant: Parks & Sanitation 34 Warehouseman 34 1480 1610 1741 1871 200 2 Utility Worker II 33 Sr. Court Clerk 33 Data Processor 33 Traffic Technician 32 Animal Control Officer 32 Night Maintenance 32 Sign Maker 32 Transfer Driver 32 Welder 32 Utility Worker III 32 Police Secretary 32 Court Clerk 31 Commercial Driver 31 Night Maintenance Asst. 31 Clerk Typist 31 Cashier/Clerk 31 Tax Clerk 31 Welder Helper 31 Lubeman 31 Asst. Warehouseman 31 Tire Repairman 31 Gardener II 31 Sprinkler Gardener 31 Clerk 31 Service Center Secretart 31 Park Mechanic 31 Sanitation Inspector 30 Sign Installer 30 Residential Driver 30 Utility Worker IV 30 Receptionist/Telephone Operator 30 Street Painter 30 Utility Clerk/Mailroom Janitor 30 Sanitation Helper 30A Gardener III 30A 1372 1488 160 5 1721 1838 1262 1365 1468 1570 1673 1158 1248 1339 1429 1519 1059 1166 1217 1296 1375 1021 1097 1174 1250 1326 POSITION UN IF ORME D, STEP PLAN POSITIONS 1984/85 START 6 MO. 1 YEAR 2 YEARS 3 YEARS Fire Lieutenant Ambulance Lieutenant Fire Inspector Paramedic Police Investigator Fire Driver Engineer Motorcycle/Patrol Officer Fire Driver/Engineer II Ho seman 1922 2019 2119 2225 2337 1835 1926 2023 2124 2230 1764 1852 1945 2042 2144 1728 1815 1905 2000 2100 1667 1750 1838 1930 2026 2. Pay Plan Administration (a) Non-uniformed Step Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered lthe rate of pay for a fully competent employee. Above mid-point pay is reserved for merit or above average performers. On October 1st, 1984, employees with an average or above average appraisal will be eligible for a four percent (4%) merit increase. In January of 1985, department heads will have a six percent (6%) merit budget (6% of their total mid-point salaries) for distribution to employees with an above average or greater performance appraisal. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recog- nized. 3. Probationary Period. The probationary period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein pre- vents the extension of a probationary period or prevents any department head or supervisor from delaying step raises or not giving step raises for just and compelling reasons. 4. Emergency Service Plan. Because of emergency conditions in the utility area, the Utility Supervisor will designate one three-person crew which is available for call for a week at a time (7 days), twenty-four (24) hours per day. For such availability, each member of such crew will receive up to thirty-eight dollars and fifty cents ($38.50). The amount of such bonus to be determined at the discretion of the Director of Public Works. Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. 5. Incentive Pay for Hourly Employees. Each hourly employee working at the Service Centers of the City of University Park, will receive a bonus of twelve dollars ($12.00) per week if the employee works a regularly scheduled forty (40) hour work week and reports to work on his or her scheduled time the next Monday. Any hourly employee who misses a portion of the week's work schedule because of sickness, tardiness or willful absence shall forfeit such bonus. Vacation, if scheduled and approved by the supervisor prior to taking, and holidays, do not re- quire forfeiture if the employee works his or her scheduled forty (40) hours before or after such vacation or holidays. The above bonus is based on reducing absenteeism and conse- quently is not predicated on the reason for such absenteeism. 6. Longevity. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty- five (25) years. Ail other employees of the City, who are paid on a monthly basis, shall receive longevity pay at the same rate as police and fire personnel. Hourly employees shall receive longevity pay for each year of service at the rate of two and 3/10 cents ($.023) per hour up to a maximum twenty-five (25) years of service. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. 7. Excess of Forty (40) Hours. Ail employees not listed as exempt from overtime by Administrative Orders, shall receive pay at the rate of one and 1/2 times of base pay for all hours worked over forty (40) hours per week. Holidays count as a workday for the purposes of this section. 8. Compensatory Pay Time. It is possible to give compensa- tory pay time as long as the comp time off is given within a six-month period after such time is earned. Ail such time must be certified to and given to the payroll clerk for record keeping. Unless the department head and supervisor certify such accrued comp time, no such claims will be allowed sub- sequently. 9. Application of Pay Plan. The pay plan, as outlined above, applies only to regular full-time employees except for the overtime provisions. 10. Plan Into Effect. This amended ordinance goes into effect as of October 1, 1984. 11. Interpretation. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Admini- strative Order interpreting the pay plan for specific cir- cumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. Ail salaries not listed herein are eligible for merit in- creases, as outlined by their respective departments, unless otherwise designated by the Board of Commissioners. PASSED AND APPROVED this 27th day of September, 1984. .............. ~ MAYOR ATTEST: ~ / /~ CITY MA'NAGER-CLERK ORDINANCE NO. 84/31 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11~ SECTION 3 A. AND B.-WATER RATES, AND SECTION 4 A. (1) (d) , (1) (e) , (2) AND (3)-SEWER RATES, AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 3 A. and B., Water Rates, of the Code of Ordinances, are hereby amended to read as follows: A. The following water rates are hereby established and shall be collected by the manager of the water works and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: (1) For a 5/8" or 3/4" meter (2) For a 1" meter (3) For a 1½" meter -- (4) For a 2" meter (5) For a 3" meter (6) For a 4" meter (7) For a portable meter $ 4.80 4.80 6.50 8.20 9.90 15.90 66.00 B. Each consumer served during the month shall be entitled to the use of three thousand (3,000) gallons of water paid under the minimum rates hereinabove specified. In any bill- ing period, where the water consumed is in excess of the minimum, the rate shall be one dollar and two cents ($1.02) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be one dollar and two cents ($1.02) per one thousand (1,000) gallons of water used. SECTION II THAT, Chapter 1t, Section 4 A. (1) (d), (1) (e), (2) and (3), Sewer Rates, of the Code of Ordinances are hereby amended to read as follows: (1) (d) There shall be a six dollar and twenty cent ($6.20) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (1) (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at sixty-four cents ($0.64) per thousand gallons-per month-per unit for the sewer fee. However, no sewage charge shall be billed~l. for an excess of twenty thousand (20,000) gallons of water used per month for any one (1) dwelling unit. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and churches: (a) A six dollar and twenty cent ($6.20) minimum up to two thousand (2,000) gallons of water used per month; (b) Eighty-two cents ($0.82) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. (3) For service to Southern Methodist University, seventy- six cents ($0.76) per one thousand (1,000) gallons of water used per month but that the monthly charge shall be based on the average of water used during January, February, March, October, November, and December preceeding the first (lst) day of January. SECTION III THAT, the effective date of such increase shall be with the first billing after October 1, 1984. PASSED AND APPROVED this 27th day of September, 1984. ................. ~ MAYOR ATTEST :k ~/ CITY ~NAGER-CLERK" -- ORDINANCE NO. 84/32 AN ORDINANCE AMENDING CHAPTER 1, SECTION 22.B OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADDING THREE ALTERNATE MEMBERS TO THE CITY PLAN- ING AND ZONING COMMISSION. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 22.B. of the Code of Ordinances is hereby amended to read as follows: B. CREATION aND QUALIFICATIONS The City Planning and Zoning Commission is hereby created to consist of five (5) members and three (3) alternate members, each of whom shall be a citizen and taxpayer of the City of University Park, Texas. SECTION II THAT, this ordinance shall take effect immediately from and after its passage by the Board of Commissioners. PASSED AND APPROVED this 27th day of September, 1984. ATTEST: MAYOR CITY MANAGER-CLERK ORDINANCE NO. 84./33 AN ORDINANCE OF THE BOARD OF COMMISSIONERS~.AMENDING CHAPTER 3, SECTION 1.C. (6)(b) OF THE CODE OF ORDI- NANCES, CITY OF UNIVERSITY PARK, INCREASING BUILDING PERMIT FEES FOR NEW CONSTRUCTION-NONRESIDENTIAL, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section t.C. (6)(b), is hereby amended to increase fees for new construction for nonresidential type Of occupancy as follows: TYPE BUILDING BUILDING OCCUPANCY COST PERMIT FEE Nonresidential $0 - 350,000 350,000 - 1,000,000 over 1,000,000 1% of value $3,500 plus .75% of value in excess of $350,000 $4,875 plus .5% of value in excess of $1,000,000 SECTION II THAT, Chapter 1, Section 5-General Provisions, and Section 6-Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 24th day of October, 1984. ORDINANCE NO. 84/34 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 3, SECTION 1.C. (14), AMENDMENTS TO BUILDING CODE OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY REVISING SECTION 507(5), HEIGHT OF RESI- DENTIAL STRUCTURES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: (14) SECTION I Section 507(5) is hereby amended to read as follows: (a) In SF1, SF2, SF3, SF4, SFA, 2Fl, 2F2, MF1, ME2, MF3 zoning districts, the vertical distance of a building measured from the finished grade at the mid-point of the lowest side yard eleva- tion at the building set back to the highest point of the roofs surface, excluding chimneys, shall be a maximum of thirty-five (35') feet. (b) In all residential zoning districts, the following regulations shall apply: (i) Eave lines (defined as the termina- tion point of a roof that forms a hori- zontal drip line into a gutter or onto the grade below) shall not exceed the following vertical dimensions above finished grade. *Lots 59 feet in width or less - 21 feet 6 inches *Lots 60 to 69 feet in width- 22 feet 6 inches *Lots 70 feet in width or more - 23 feet 6 inches *Ail conforming SF-1 lots - no limit Finished grades shall be determined at the mid-point of the lowest side yard elevation at the building set back. (ii) On lots 69 feet in width or less, an area of 300 square feet shall be permitted on vertical building wall surfaces above the allowable eave line facing an interior building side yard. This surface is con- sidered to be that space contained in an area forming a building gable or similar surface. There shall be no limit on lots exceeding 69 feet in width. (iii) Roof slopes exceeding a 14:12 pitch (14 feet vertical, 12 feet horizontal) shall be considered a vertical building wall surface. (c) In SF-1, SF-2, SF-3 and SF-4 zoning districts, building appurtenaoces including open balustrades, cupolas (foot print area not to exceed 25 square feet), etc. shall be permitted to extend to a height of 39 feet at any point on the building structure. SECTION II THAT, Chapter 1, Section 5-General Provisions, and Section 6-Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 24th day of October, 1984. ORDINANCE NO. 77/328 (AMENDMENT NO. 48) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING A SPE- CIFIC USE PERMIT FOR TENNIS COURT CONSTRUCTION AT LOT 3, BLOCK 7, UNIVERSITY PARK ESTATES ADDITION, KNOWN AS 6929 VASSAR DRIVE, AND PROVIDING A PENALTY. WHEREAS, Foundation Tendons Inc. requested a specific use permit to build a tennis court with Elsco "down" lighting and ten-foot high fence on the north side of Mr. and Mrs. John S. Appleton's property located at 6929 Vassar Drive; and WHEREAS, the Planning and Zoning Commission held a hearing on the application on September 11, 1984, and recommended the specific use permit to the Board of Commissioners; and WHEREAS, a public hearing as required by law was held by the Board of Commissioners of the City of University Park on October t, 1984. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park is amended and supplemented as follows: That the specific use permit, as filed with the Building Department, be approved for Lot 3, Block 7, University Park Estates Addition, for the build- ing of a tennis court with Elsco "down" lighting and ten-foot high fence on the north side of the property. SECTION II THAT, the tennis court be used only from 8:00 a.m. to 9:00 p.m. Sunday through Thursday, and from 8:00 a.m. to 10:00 p.m. on Fridays and Saturdays. SECTION III THAT, the appendix listing of specific use permits be amended by adding the following: SPECIFIC USE PERMIT NO. TYPE OF USE S-9 Tennis Court SECTION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 1st day of October, 1984. ATTEST: MAYOR CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 49) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SECTION 8-405(13), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ZONING FOR 29 LOTS IN THE PRESTON HEIGHTS ADDITION, AND PROVIDING A PENALTY. WHEREAS, on October 16, 1984, the Planning and Zoning Commission of the City of University Park held a public hear- ing on the application of Louis G. Reese, Inc., and recommended its approval to the Board of Commissioners who, on November 5, 1984 held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: THAT, the Comprehensive Zoning Ordinance is hereby amended and supplemented to add Section 8-405(13) as follows: SECTION I THAT, the propreties described as Block 4, Lots 1 through 10, known as 4117 through 4167 Druid Lane; Block 4, Lots 18 through 28, known as 4112 through 4180 Glenwick Lane; and Block 5, Lots 1 through 8, known as 4125 through 4153 Gtenwick Lane, in the Preston Heights Addition, is hereby zoned as Planned Development District under the following requirements 10. 1. That all utilities be placed underground; 2. That a drainage plan be submitted by the consulting engineers and approved by the City; 3. That fire hydrant locations be approved by the City staff; 4. That the placement of sanitation containers be approved by the city staff; 5. That all openings for ingress and egress be approved by the city staff; 6. That parking at the east side of Westchester be head-in parking; 7. That all set backs required by the zoning ordinance be met; 8. That all building codes be met; 9. That the replatting of any given lot will not become effective until the old structure on the lot is torn down; and That, if parts of street and alley are abandoned and closed, a homeowners association shall be formed prior to the filing of any replat with Dallas County. SECTION II THAT, the Comprehensive Site Plan of the Planned Develop- ment District on the property is hereby approved and made a part of this ordinance by reference. SECTION III THAT, a copy of this amendment shall be referenced in the zoning district map and shall be listed as an Exhibit to the Zoning Ordinance as PD-13. SECTION IV THAT, the building permit to be issued in connection with this Planned Development District shall specifically include the ten (10) requirements listed above. SECTION V THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 5th day of November, 1984. ATTEST: MAYOR ORDINANCE NO. 84/35 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING CHAPTER 3, SECTION 19 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, ESTABLISH- ING A TREE STUMP REMOVAL SERVICE FOR PARKWAYS ONLY AND PROVIDING A SCHEDULE OF FEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 19.D. is hereby amended and supplemented to read as follows: D. CITY MAY REMOVE Nothing herein prevents the City of University Park from removing or trimming trees or shrubs from parkways and alleys when such shrubs and trees are infested, defective, or dangerous to traffic or people. Such ~ree~ and shrubs may also be removed t~ pro~tect~ ~side- walks, curbs, pavement, sewers, or other utilities. (1) Tree Stump Removal Service. When trees are cut down on the parkways for any of the above reasons, the City of University Park may remove the tree stump(s) for the abutting property owner for the following fees: Up to 12 inches 13 to 18 inches - 19 to 24 inches - 25 and up inches $25.00 $35.00 $45.00 $6O.0O SECTION II THAT, Chapter 1, Section 5 (General Penalty), and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 3rd day of December, 1984. ATTEST:~/ CITY M~AGER-CL~RK / / ORDINANCE NO. 77/328 (AMENDMENT NO. 50) AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 10-102 OF THE ZONING ORDINANCE, CITY OF UNIVERSITY PARK, BY INCLUDING SF-A, 2F-l, 2F-2, MF-1, MF-2, AND MF-3 ZONING DISTRICTS IN THE 35 FOOT MAXIMUM HEIGHT REGULATION, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Section 10-102 is hereby amended to read as follows: 10-102 Special Height Regulations (1) In SF-1, SF-2, SF-3, SF-4, SF-A, 2F-l, 2F-2, MF-1, MF-2, and MF-3 zoning districts, the vertical distance of a building measured from the finished grade at the mid-point of the lowest side yard elevation at the building set back to the highest point of the roofs surface, excluding chimneys, shall be a maximum of thirty-five (35') feet. (2) In all SF and MF residential districts, following regulations shall apply: the (a) Eave lines (defined as the termination point of a roof that forms a horizontal drip line into a gutter or onto the grade below) shall not exceed the following vertical dimensions above finished grade. -Lots 59' in width or less - 21'6" -Lots 60' to 69' in width - 22'6" -Lots 70' in width or more - 23'6" -Ail conforming SF-1 lots - no limit Finished grades shall be determined at the mid-point of the lowest side yard elevation at the building set back. (b) On lots 69' in width or less, an area of 300 square feet shall be permitted on vertical building wall surfaces above the allowable eave line facing an interior building side yard. This surface is considered to be that space contained in an area forming a building gable or similar surface. There shall be no limit on lots exceeding 69' in width. (c) Roof slopes exceeding a 14:12 pitch (14' vertical, 12' horizontal) shall be considered a vertical building wall surface. (3) In SF-1, SF-2, SF-3, and SF-4 zoning districts, building appurtenances including open balustrades, cupolas, (foot print area not to exceed 25 square feet), etc. shall be permitted to extend to a height of 39 feet at any point on the building structure. (4) In non-residential districts where the height of buildings is restricted to two (2) or three (3) stories, cooling towers, chimneys, radio and television antennae and vent stacks may extend for an additional ORDINANCE NO. 77/328 (AMENDMENT NO. 50) continued height provided that the total not exceed forty (40') feet above the average grade line of the building. Water stand p~pes and'tanks, .Ghur~h steeples, domes and spires and school buildings and institutional buildings may be erected to three (3) stories in height in residential areas, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such struc- tures exceed two (2) stories in height. SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amendment to the Zoning Ordinance. PASSED AND APPROVED this 7th day of January, 1985. ',,~. '~"~-,<ATTEST: \ ?~A GER- CL]~RK~ ORDINANCE NO. 85/1 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE REGULATION OF SATELLITE RECEIVING ANTENNAS AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION THAT, Chapter 3 of the Code of Ordinances, City of Uni- versity Park, Texas is hereby amended by adding section to be numbered Section 21, which said section shall read as follows: Section 21. Satellite Antennas A. Definition. Any parabolic or dish antenna used to re- ceive television signals from satellite broadcast systems. B. Height and Setback Restrictions. No satellite antenna shall be erected closer to a lot line in any zoning district than the least setback dimension allowed for such district and such satellite antenna shall be erected at ground level with a maximum dish size of ten and one half (10½') feet. Ail such dishes shall be constructed of wire mesh and painted with non-reflective coating. C. Exceptions. Nothing contained in this section shall prevent the installation and maintenance of satellite antennas necessary for the operations of public or edu- cational facilities for the protection of health, safety and welfare of the communities and the enhancement of the educational facilities. Plans for such satellite antennas shall be reviewed and approved by the Director of Public Works. SECTION II THAT, Chapter 1, Section 5, General Penalty; and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 7th day of January, 1985. i / ............................... ~ MAYO R '~'~ATTEST: ~ ,. .~ CITY ~NAGER-CLER~K ' / ORDINANCE NO. 85/2 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A TWO (2) HOUR PARKING RESTRICTION FOR THE ENTIRE PARK CITIES PLAZA. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance No. 79/7 of the City of UniverSity Park, dated April 2, 1979, is hereby repealed. SECTION II THAT, in accordance with Chapter 10, Section 12.A of the Code of Ordinances of the City of University Park, Texas, the following action is taken: Parking is restricted to two (2) hours on the following area from 8:00 a.m. until 6:00 p.m., Monday through Saturday. AREA EXTENT Park Cities Plaza The entire parking lot SECTION III THAT, Chapter 1, Section 5, General Penalty Provisions and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 7th day of January, 1985. '~ MAYOR ~TTEST: \ CITY M~N~GER- CLERK // ORDINANCE NO. 85/3 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 1C(14) AND (15) OF THE CODE OF ORDINANCES AND ADDING CHAPTER 3, SECTION 21, TO RESTRICT THE MASS OF WALLS ON MAIN AND ACCESSORY BUILDINGS ABUTTING SIDE PROPERTY LINES; TO FURTHER DEFINE ACCESSORY BUILDINGS, SETBACKS AND USE; AND TO PROVIDE A PENALTY. WHEREAS, for the general welfare and safety of the citizens of University Park, it appears necessary to restrict the massive wall height and width in order to allow light and air to adjacent properties and to allow such neighboring properties to fully enjoy their living space without diminution by construction on adjacent properties; and WHEREAS, the safety and welfare of all citizens are jeopar- dized by excessive traffic traversing the narrow alleys in the City and the use of accessory buildings for living quarters, the following ordinance is necessitated: BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY UNIVERSITY PARK, TEXAS: OF SECTION I THAT, Chapter 3, Section 1C(14) of the Code of Ordinances of the City of University Park, Texas, is hereby amended as follows: (14) Section 507(5) of the Uniform Building Code amended to read as follows: is hereby (a) In SF-1, SF-2, SF-3, SF-4, SF-A, 2F-l, 2F-2, MF-1, MF-2, MF-3 zoning districts, the vertical distance of a building measured from the finished grade at the mid-point of the lowest side yard elevation at the building set back to the highest point of the roof's surface, excluding chimneys, shall not exceed a maximum of thirty-five (35') feet to the roof ridge or projected roof ridge, whichever is higher. (b) In SF-1, SF-2, SF-3 and SF-4 zoning districts, the following regulations shall apply: (i) Eave lines (defined as the termination point of a roof that forms a horizontal drip line into a gutter or onto the grade below) shall not exceed a vertical dimension of 21 feet 6 inches for any portion of the building extending from the front set back line to a line 50 feet from and parallel to the front set back line. (ii) Eave lines shall not exceed a vertical di- mension of 12 feet 6 inches for that portion of the building behind a line 50 feet from and parallel to the front set back line to the rear property line. Finished grades shall be determined at the mid-point of the lowest side yard elevation at the building set back. (iii) On lots 70 feet in width or less, an area of 300 square feet shall be permitted on verti- cal building wall surfaces above the 21 foot 6 inch allowable eave line facing an interior building side yard. This surface is considered to be that space contained in an area forming a building gable or similar surface. There shall be no limit on lots exceeding 70 feet in width. (iv) Roof slopes exceeding a 14:12 pitch (14 feet vertical, 12 feet horizontal) shall be con- sidered a vertical building wall surface. (c) In all residential zoning districts, 2F-2, MF-1, MF-2 and MF-3, the following shall apply: SF-A, 2F-l, regulations (±) Eave lines (defined as the termination point of a roof that forms a horizontal drip line into a gutter or onto the grade below) shall not exceed a vertical dimension of more than 21 feet 6 inches (21'6"). (~) An area of 300 square feet shall be permit- ted on vertical wall surfaces above the allowable eave line facing an interior building side yard. This surface is consi- dered to be that space contained in an area forming a building gable or similar surface. (iii) Roof slopes exceeding 14:12 pitch (14 feet vertical, 12 feet horizontal) shall be con- sidered a vertical building wall surface. SECTION II THAT, Chapter 3, Section 1C(15) of the Code of Ordinances of the City of University Park, Texas, is hereby amended as follows: (15) Section 507(6) - Definition of Story. The height between the successive floors of a building or from the top floor to the roof. Any space above the second floor in resi- dential districts shall be used only for storage and mechanical equipment and such space shall not be air conditioned space, shall not contain plumbing or permanent stair access other than the pull down or step ladder type. Parking which is depressed below the average grade or which is at grade or below the structure and enclosed shall not be con- sidered a story in computing the height of a building. SECTION III THAT, Chapter 3 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section, to be numbered Section 21, which said section shall read as follows: Section 21. Accessory Buildinqs and Driveways. A. No residential accessory building, as defined in the Zoning Ordinance, shall be built nearer a side yard than two feet (2') nor shall the vertical wall of said build- ing be more than twelve feet six inches (12'6") from the grade line to the eave line with a maximum height of twenty-five feet (25') to the projected roof ridge. B. (i) No residential accessory buildings, hereinafter, shall have kitchen facilities (including but not limi- ted to cooking facilities, sinks and counters), bathing facilities (including showers or tubs), commodes and lavatories on second floors. (ii) The first floor of such residential accessory building shall contain only a washer/dryer connection, commode and a service sink. C. Openings of any type to the side wall abutting the side property line of residential accessory buildings shall not be allowed if such walls are located nearer the property line than the minimum side yard require- ment of the main structure. SECTION IV THAT, all other ordinances adopted by this City which con- flict with this ordinance are hereby declared to be null and void. SECTION V THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, shall apply. PASSED AND APPROVED this llth day of February, 1985. MAYOR CITY~AGE R~- CLE A~K ORDINANCE NO. 85/4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A 15' PUBLIC ALLEY LOCATED IN BLOCK 1 OF EAST UNIVERSITY PLACE ADDITION, UNIVERSITY PARK, TEXAS, CONTAINING 9750 SQUARE FEET OF LAND. WHEREAS, the Legislature of the State of Texas had delegated to the Board of Commissioners of the City of University Park, the exclusive control and power over the streets, alleys, parks and public grounds and highways in such city, and has delegated to the Board of Commissioners of this city the authority, by ordinance, to vacate, abandon and close any street or alley upon receiving a petition from the owner of the property abutting on such street or alley; and WHEREAS, Southern Methodist University owns the property abutting an existing alley contained within Block 1, East University Place Addition, City of University Park, Texas, which is more fully described in Exhibit "A" attached hereto and Southern Methodist University has petitioned the Board of Commissioners of the City of University Park to vacate and abandon such portion of the alley more fully described in Exhibit "A"; and WHEREAS, the Board of Commissioners of the City of University Park finds that it will be beneficial to the people in University Park to vacate and abandon the portion of the alley described in Exhibit "A" and to take whatever action is necessary to confirm the ownership of said abandoned alley to Southern Methodist University. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: BOARD OF 1. That the existing 15' wide alley contained within Block 1, of said addition, more fully described in Exhibit "A" attached hereto, shall be vacated, abandoned and closed and the City shall execute and deliver a Quit Claim Deed covering such 15' abandoned alley to Southern Methodist University. 2. The abandonment provided above shall extend only to the public right, title and interest in and to the above described easement and right of way of said alley and it shall be construed only to apply to the interest which the Board of Commissioners of the City of University Park may lawfully abandon, vacate and close, and each conveyance thereof shall be specifically subject to all existing easements, on, over or under the tract of land described in Exhibit "A", including any utility easements that may exist on said property. IT IS FURTHER ORDAINED that a copy of this Ordinance may be filed in the Deed Records of Dallas County, Texas, and in any other manner that may be necessary or appropriate to show the vacation, abandonment or closing of that portion of the alley described in Exhibit "A" attached hereto. PASSED AND APPROVED this 21st day of February, 1985. MAYOR ATTEST: ~ ~ /-~ .... / / /7 ..~ CITY ~AGER-CLERK EXHIBIT "A" A dedicated public alley located in the City of University Park, Texas between Yale Boulevard and East Binkley Street extending from Airline Road to Dublin Street described as located in Block No. 1, East University Place Addition (Abstract 1338) depicted in Dallas County Plat record books and more particularly described as follows: BEGINNING at a point described as located 150 feet due south of the intersection of the east right-of-way line of Airline Road (a 50-foot public right-of-way) and the south right-of-way line of Yale Boulevard (a 100-foot public right-of-way) which point is coincidental with the intersection of the north right-of-way line of said 15-foot dedicated alley and the east right-of-way line of Airline Road; THENCE, East 650 feet to the intersection of said alley right-of-way and the west right-of-way line of Dublin Street (a 50-foot public right-of-way); THENCE, South 15 feet to a point; THENCE, West 650 feet to the intersection of the south right-of-way line of said alley and the east right-of-way line of Airline Road; THENCE, North 15 feet to the point of beginning comprising an area of 9,750 square feet (0.224 acre) more or less. ORDINANCE NO. 85/5 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 1.C. (8) (a) AND (b) OF THE CODE OF ORDINANCES, RELATING TO DEPOSITS REQUIRED FOR THE REMOVAL OF CONSTRUCTION DEBRIS AND PROVIDING A PENALTY, THEREOF. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 1, C(8) (a) and (b), of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: (8) Deposit required for removal of construction debris. (a) Every applicant for a building permit of value in excess of one thousand ($1,000) dollars shall deposit with the city a minimum sum of one hundred ($100) dollars in cash. Any building permit of value between one thousand ($1,000) dollars and five thousand ($5,000), the building official can require a deposit from one hundred ($100) dollars to five hundred ($500) dollars, but all permits over five thousand ($5,000) dollars shall have a minimum deposit of five hundred ($500) dollars. The city shall have the right to remove any construction debris or trash from the construction site or adjacent property if such debris is the result of construction on the permitted property. Debris and trash shall include, but not be limited- '6o, Paper, SandT'-bricks, dirt, wood, mud or other material used in construction which is not stacked or in a container or which blocks any sidewalk or violates any adjacent property rights. After a one-day notice, the city may hire a contractor to clean the site or do so with city crews. The actual cost shall be deducted from the deposit until such deposit is exhausted. If replacement money is not immediately forthcoming from the permitee and if the deposit is not fully replenished to its original amount, then the building department shall have the right to withdraw the building permit and all work shall cease. Any remaining portion of the deposit, after all final inspections are complete, shall be returned to the applicant within fifteen (15) days if the site is clean of trash, debris and dirt on the site and adjacent properties. When the value of the permit exceeds five thousand ($5,000) dollars, the building official may request a higher deposit commensurate with any possible clean-up costs for such a construction project. At the time of the issuance of a permit and the posting of the deposit, the permitee shall sign a waiver allowing the city to withdraw money from the deposit for violations enumurated above and allowing the city, or its contractor, to go on the construction site for clean-up. (b) Any dispute over the clean-up costs, if done by the city, shall be settled by the Board of Commissioners. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, shall apply. PASSED AND APPROVED this 19th day of March, 1985. MAYOR /'/ ORDINANCE NO. 85/6 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 10, SECTION 20: TRUCKS AND HEAVY EQUIPMENT REGULATIONS, BY ADDING (D) RESTRICTING CONCRETE TRUCKS AND TRUCKS OVER 25,000 GVW FROM USING RESIDENTIAL ALLEYS AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 10 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section to be numbered Section 20, B, which said section shall read as follows: B. Restrictions on the Use of Residential Alleys (1) No concrete truck or any truck exceeding twenty-five thousand gross vehicle weight (25,000 GVW), excluding repair trucks of utility companies, shall use any of the residential alleys of the City of University Park. A residential alley is defined as an alley which abuts a residential zoned area (SF-1, SF-2, SF-3, SF-4, SF-A, 2F-l, 2F-2, ME-l, ME-2 or ME-3) on both sides. (2) The city manager-clerk shall have placed on all major thoroughfares a sign designating the prohibition on the use of said alleys. (3) It shall be unlawful for any person to operate or drive any truck in violation of (1) above. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of March, 1985. ORDINANCE NO. 85/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 7(E), OF THE CODE OF ORDINANCES RELATING TO THE ACCUMULATION OF VACATION TIME FOR CITY EMPLOYEES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 7(E), of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: Eo The city manager-clerk shall see that complete records of vacation leave accrued and used are kept. Under no circumstances will an employee be allowed to accumulate more than two time (2X) his or her annual accumulation allowance as described in (A) above. PASSED AND APPROVED this 22nd day of May, 1985. ~ MAYOR CITY ~AGER-CLERk~~/ ORDINANCE NO. 85/8 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 5, OF THE CODE OF ORDINANCES, ADMINISTRATIVE ORGANIZATIONAL STRUCTURE OF THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BYiTHE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 5, of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 5. ADMINISTRATIVE ORGANIZATIONAL STRUCTURE OF CITY For the purpose of this Code and Article 1161, West's Texas Statutes and Codes, the following departments, offices, or positions are created. A. There shall be the offices of the city attorney, municipal judge, health officer, and city manager-clerk, all of whose occupants shall be appointed by a majority vote of the board of commissioners. The city attorney and the city manager-clerk shall be appointed for an indefinite period of time. The municipal judge and the health officer shall be appointed for a term of two (2) years, co-terminous with the term of the board of commissioners. The appointed officials shall be subject to discharge at the will of the governing body. B. In accordance with Article 1197(a) and 1200, West's Texas Statutes, the director of finance shall be the administrative head of the municipal court and clerk of the court and such appointment shall be for as long as he or she shall hold such office. The director of finance shall appoint a chief deputy court clerk and other deputy court clerks as necessary who shall carry out the duties as prescribed in Articles 1197(a) and 1200. C. There shall be four (4) departments which shall consist of public works, finance, parks and public safety. In addition, the personnel department shall be a direct staff department under the direct supervision of the city manager-clerk. Each department shall be supervised by a director who shall be appointed and removed by the city manager-clerk with the advice of the governing body. D. The department of public works shall be divided into divisions, namely administrative services, sanitation, building, engineering, streets, garage, utilities and traffic. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager-clerk, or his designate. E. The finance department shall be divided into divisions, namely purchasing, computer, accounting, treasury, tax, and utility office. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager-clerk, or his designate. F. The public safety department shall be divided into divisions, namely fire, police, and animal control. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager-clerk, or his designate. G. Ail employees, below the rank of department heads and supervisors of the divisions, shall be appointed by the city manager-clerk, or his designate. H. The total number of employee positions shall be approved each budget year by the board of commissioners. I. The city manager-clerk, chief of police and fire, director of finance, deputy tax assessor-collector, and director of public works, before entering upon their duties of office, shall execute a good and sufficient surety company bond, in such amount as the board of commissioners may demand, payable to the City of University Park, and conditioned for the faithful performance of the duties of office, the premium of such bond to be paid by the city. Ail other employees shall be covered by a blanket surety bond in the minimum amount of two thousand five-hundred dollars ($2,500.00) conditioned on faithful performance, and such bond is to be paid by the city. SECTION II THAT, Chapter 1, Section 6, Severability of Parts, shall be applicable. PASSED AND APPROVED this 4th day of June, 1985. ORDINANCE NO. 85/9 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 5(A) OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, ADMINISTRATIVE ORGANIZATIONAL STRUCTURE OF THE CITY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 5(A), of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 5. ADMINISTRATIVE ORGANIZATIONAL STRUCTURE OF CITY A. There shall be offices of the city attorney, municipal judge, health officer, and city manager-clerk, all of whose occupants shall be appointed by a majority vote of the board of commissioners. Such city manager-clerk shall, in addition to the dutmes and responsibilities conferred by the ordinances of the City of University Park, be appointed to serve as clerk as defined in Article 1161, West's Texas Statutes and Codes and have all the rights and duties therein except where modified by city ordinances. The city attorney and the city manager-clerk shall be appointed for an indefinite period of time. The municipal judge and the health officer shall be appointed for a term of two (2) years, co-terminous with the term of the board of commissioners. The appointed officials shall be subject to discharge at the will of the governing body. SECTION II THAT, Chapter 1, Section 6, Severability of Parts, shall be applicable. PASSED AND APPROVED this 27th day of June, 1985. ATTEST: k~ . CITY MAnAGER-CLERK' ; ORDINANCE NO. 85/10 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 1.C. (8) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SUBSECTION (c) FENCE REQUIRED AROUND RESIDENTIAL CONSTRUCTION SITES, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Building Regulations, Section 1.C. (8) of the Code of Ordinances is hereby amended to add subsection (c), which subsection shall read as follows: (c) Fence required around all residential new construction sites and around those residential sites where major remodeling, in the opinion of the building official, will take place. There shall be a temporary fence around each individual construction site. The fenced-in area shall include the front yard from property line to property line; then on each adjoining property line the fence shall extend from the front to the rear property line. The erection of a fence at the rear property line shall be left to the discretion of the building official. The front fence shall have a double gate large enough for delivery of construction materials to the site. The gates can swing either direction, however, when opened toward the street, the sidewalk shall not be blocked. The double gate shall be locked when the daily activities are shut down. SECTION II THAT, Chapter 1, Section 5 -Penalty for Violations, and Section 6 -Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 24th day of July, 1985. Effective date: July 29, 1985 ORDINANCE NO. 77/328 (AMENDMENT NO. 51) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY ADDING SECTION 8-405(13), WHICH AUTHORIZES A PLANNED DEVELOPMENT DISTRICT ZONING FOR 28 LOTS IN THE PRESTON HEIGHTS ADDITION, AND PROVI- DING A PENALTY. WHEREAS, on July 16, 1985, the Planning and Zoning Commission of the City of University Park held a public hearing on the application of Louis G. Reese, Inc., and recommended its approval to the Board of Commissioners who, on August 5, 1985, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: THAT, the Comprehensive Zoning Ordinance is hereby amended and supplemented to add Section 8-405(13) as follows: SECTION I THAT, the properties described as Block 4, Lots 1 through 10, known as 4117 through 4157 Druid Lane; Block 4, Lots 18 through 28, known as 4112 through 4180 Glenwick Lane; and Block 5, Lots 1 through 8, known as 4125 through 4153 Glenwick Lane, in the Preston Heights Addition, are hereby zoned as Planned Development District under the following requirements: 1. That the wall enclosing the area have appropriate openings instead of being a solid wall; 2. That the private streets within the development meet the minimum standards of a public street; 3. That all utilities be placed underground; 4. That a drainage plan be submitted by the consulting engineers and approved by the city; 5. That fire hydrant locations be approved by the city staff; 6. That all openings for ingress and egress, width of gates, etc., be approved by the city staff; 7. That the location of sanitation containers be approved by the city staff; 8.That all building code and height restrictions be met; 9. That the proposed 30 parking spaces on the east side of Westchester Drive be reduced to 26 or 27 in order to leave enough space to plant trees; 10. That the replatting of any given lot will not be considered until the old structure on the lot is torn down; and 11. That since parts of street and alley have been abandoned and closed, that a homeowners association be formed prior to construction. SECTION II THAT, the Comprehensive Site Plan of the Planned Development District on the property is hereby approved and made a part of this ordinance by reference. SECTION III THAT, a copy of this amendment shall be referenced in the zoning district map and shall be listed as an Exhibit to the Zoning Ordinance as PD-13. SECTION IV THAT, the building permit to be issued in connection with this Planned Development District shall specifically include the eleven (11) requirements listed above. THAT, rescinded. Ordinance No. SECTION V 77/328 (AMENDMENT NO. 49) be hereby SECTION VI THAT, Section 33, Penalty for Violation of Ordinances is applicable to this amendment. PASSED AND APPROVED this 5th day of August, 1985. the Zoning ORDINANCE NO. 77/328 (AMENDMENT NO. 52) AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, KNOWN AS ORDINANCE NO. 77/328, WHICH WAS ADOPTED ON NOVEMBER 7, 1977. THIS AMENDMENT SUPPLEMENTS OR AMENDS THE FOLLOWING SECTIONS: 9-601(a), 9-602 (1), 9-602 (2), 9-602 (3) (a)(b) (c) (d) (e) (f) (g) (h), 10-t00(r), 10-101(a) (b) (c) (d), 10-102, 13-100, 13-101, 13-102, 13-103, 13-104(a) (b) , 21, ILLUSTRATIONS No. 3 (a) (b) (c) (d), No. 14, AND PROVIDING A PENALTY. WHEREAS, on August 9 and 13, 1985, the Planning and Zoning Commission of the City of University Park held public hearings to consider amendments to the Zoning Ordinance as herein detailed, and at the conclusion of said hearings, the Planning and Zoning Commission recommended to the Board of Commissioners that the following provisions be amended or added to said Zoning Ordinance. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, that the following sections and subsections of the Comprehensive Zoning Ordinance, being Ordinance No. 77/328, are hereby amended or supplemented as follows: 9-601 (a) SECTION 9 Schedule Minimum Side Yards-Residential Districts O S T R I C T S SF'I 5F'Z $F'3 $F~4 'SF'A ZF'I ZF';' MF'I MF'Z MF-3 PO , z , z , z % ~ ~ ~ *s ,.mc~,(0 SEE d, e d, e d, e SEE' SEE .*x,uu. s,.c ~A. o 9- 602 9 - 602 ' 9 - 602 ~[SmENTt~LS~UCT~ES 8 b - 8' 7' MAXIMUM REQUIRED ~OTH IN FEET 9-602 SPECIAL SIDE YARD & BUILDING WALL REGULATIONS Every part of a required side yard shall be open and unobstructed except for accessory buildings and landscaping as permitted herein. Exceptions: (1) The ordinary projections of window sills, belt courses, cornices and other architectural features projecting not to exceed twelve (12) inches; (2) The projection of eaves not to exceed eighteen (18) inches; and (3) The projection of chimneys not to exceed twenty-four (24) inches. (a) In single-family residential districts, with lots sixty (60) feet or greater in width, the total of the two side yards shall be a minimum of 24% of the total lot width. In single-family districts with lots less than sixty (60) feet in width, the total of the two (b) side yards shall be a minimum of twenty-two (22) percent of the total lot width. The minimum side yard in any case shall be ten (10) percent of the total lot width. On all corner lots in single-family and two-family dwelling districts, a minimum side yard of ten (10) feet on the street side shall be observed. Exceptions: (1) Windows may extend a maximum of one (1) foot into the side yard (but no increase in floor space is allowed). (2) If the entire structure is one story, the minimum side yard may be ten (10) percent of the total lot width of each side yard. (3) In single-famil~y districts, those corner lots sixty (60) feet or less in width may observe a minimum side yard, on the street side, of ten (10) percent of the lot width if the distance between the curb and sidewalk (minimum 4' width) is five (5) feet or greater and the front yard setback is not less than the minimum front yard for that district. Corner lots greater than sixty (60) feet in width shall observe a minimum side yard of ten (10) feet on the street side. (4) Garages, carports, and similar vehicle storage facilities entered from a side street and facing thereto shall be set back a minimum of twenty (20) feet from the property line adjacent to the side street. (5) In any case, the required cumulative side yards shall not be greater than twenty (20) feet and the required side yard on any one side shall not be greater than ten (10) feet. (6) See 9-602(b) for additional side yard restrictions. (1) In all single-family residential districts, no side wall in excess Of twelve feet six inches (12'6") in height at the plate line may be of a length greater than forty (40) percent of the total lot depth measured from the front building line except as stated in Paragraph 9-602(b)'(3). No part of the main structure in excess of twelve feet six inches (12'6") in height at the plate line shall be closer than forty (40) feet to the rear property line. (See Illustration No. 3b and 3c). (2) The main structure may extend beyond the forty (40) percent side wall length and may exceed twelve feet six inches (12'6") in height at the plate line, if an additional setback of one (1) foot for each two (2) feet in height above the twelve feet six inch (12'6") plate line is observed. Any structure which is one story (twelve (12) feet, six (6) inches or less plate line height) may conform to the minimum side setback standards for the remainder of the main building. No portion of the main building shall be closer to the rear property line than twelve feet six inches (12'6"). (For exceptions, see 13-104(d)). (3) The beginning point of measurement of the forty (40) percent maximum side wall length may be set back from the front building line if there is an offset in the wall a minimum of eight (8) feet from the minimum side yard setback. (See Illustration No. 3c and 3d). For codification purposes: Eliminate existing (b) (c) (d) (e) (f) (g) and replace with (c) (d) (e) (f) (g) (h> below. (c) Multiple-family dwellings shall provide a minimum side yard of fifteen (15') feet between all building walls and any side lot line, except that any such building face or wall not exceeding thirty-five (35') feet in length and containing no doors or access openings, shall provide a minimum side yard of six (6') feet. If a side wall exceeds th~irty-five (35') feet in length, it may be separated by an outer court to reduce wall lengths to thirty-five (35') feet or less for six (6') feet side yard consideration providing the inner wall of such court is set back fifteen (15') feet from the adjacent side property line. In a like manner, if a wall exceeds thirty-five (35') feet in length, it may be terminated at either or both ends by an inset to reduce wall length to thirty-five (35') feet or less for six (6') feet side yard consideration providing the inner wall of such inset(s) is set back fifteen (15') feet from the adjacent property line. (See Appendix Illustration No. 6). (d) On all corner lots used for one-family, two-family, or multi-family dwellings, a minimum side yard of ten feet (10') on the street side, shall be observed except that garages, .carports, and similar vehicle storage facilities entered from a side street shall provide a minimum side yard of twenty feet (20'). (e) A single-family attached dwelling shall not cover more than two (2) abutting lots and shall contain no more than four (4) dwelling units within any one structure. Ail residential structures hereinafter constructed in all districts as either two-family dwellings of a side by side configuration or single-family attached dwellings shall be constructed to provide a two-hour, nondestructible, fire-resistant wall separating each occupancy group. Such wall shall contain no openings of any nature, shall be constructed in its entirety of either brick, concrete, masonry or of any similar noncombustible material approved in advance by the city engineer and shall contain no attachments nor be used as a load-bearing structure for floor joists or roof rafters. The construction of such wall shall meet the requirements of Tables No. 43-A, 43-B, and 43-C of the Uniform Building Code and shall extend from the foundation to a point at least thirty (30") inches above the roof in accordance with Section 505(d) of the Uniform Building Code. A single-family attached dwelling structure shall provide a minimum required side yard of five (5') feet at each end of such structure. However, if such structure is located adjacent to or abutting on a side street, then the required side yard adjacent to or abutting on such side street shall be'-ten (10') feet. Lots platted and~' approved by the Board of Commissioners for single-family attached dwellings and which become Lots of Record prior to the date of passing of this Ordinance may continue the use of such property for single-family attached dwellings providing all requirements for the District as established by the Board of Commissioners as a condition for the replat are complied with. (See Appendix Illustration No. 8). (f) Institutional uses, such as schools, churches or chapels, which are permitted in single-family, two-family, and multiple-family dwelling districts shall provide a minimum side yard of fifty (50') feet. (g) (h) The minimum side yard requirements in a Planned Development District shall be established on the site plan which shall be made a part of the amending Ordinance. No side yard is specified for nonresidential buildings not exceeding three (3) stories in height in the O, GR, RC, SC and C Districts except where a commercial, retail or office or other nonresidential use abuts upon a district boundary line dividing such districts from a residential district in which event a minimum ten (10') foot side yar~ shall be provided on the side adjacent to such residential district. Buildings in the O, SC and C Districts which exceed three (3) stories in height shall observe a minimum side yard setback equal to one (1') foot for each two (2') feet of building height. (See Appendix Illustration No. 7). SECTION 10 10-100 (r) 'PD, Planned Development District To any legal height recom- mended by P&Z and approved by Board of Commissioners For codification purposes: Eliminate existing 10-102 and replace with 10-101 below. 10-101 SPECIAL HEIGHT REGULATIONS (a) (1) In all residential districts, the maximum building height shall be thirty-five (35) feet measured from the average natural grade and measured to the ridge line or extended ridge line. The average natural grade shall be the average of the grade elevations at the building corners at the side setback lines. (2) In all single-family residential districts the height from the average natural grade to the top of the top plate shall be a maximum of: 23'4" - lots less than 60 feet in width 24'4" - lots 60 feet and above and less than 70 feet in width 25'4" - lots 70 feet or more in width (3) In all SF-A, 2F-l, 2F-2, MF-1, MF-2 and MF-3 Districts, the height from the average natural grade to the top of the top plate line shall be a maximum of twenty-three feet four inches (23'4"). (b) Extended ridge line calculation applies only to a pitch greater than 9:12. On a double pitched roof, the top pitch or final slope shall be minimum of 5:12. Any roof pitch in excess considered a vertical wall. 10-10id for exception). of the following is (See Illustration 14 and (c) Lots less than 60 feet in width - 14/12 Lots 60 feet and above and less than 70 feet in width - i5/12 Lots 70 feet and above in width - 16/12 The maximum gable area and/or vertical wall face above two (2) stories (second story top plate line) facing any side yard shall be: 200 square feet for lots less than 60 feet wide 250 square feet for lots 60 feet or more but less than 70 feet wide 275 square feet for lots 70 feet or more but less than 80 feet wide 300 square feet for lots 80 feet wide and greater (d) Third Story Occupancy (1) Floored and air conditioned occupied space above the second floor plate line shall not exceed an area equal to fifty (50) percent of the floor area of the floor below. (2) When occupied~ two (2) exit stairways shall be required. For codification purposes: replace with 10-102 below. Eliminate existing 10-102(3) and 10-102 In non-residential districts where the height of buildings is restricted to two (2) or three (3) stories, colling towers, chimneys, radio and television antennae and vent stacks may extend for an additional height provided that the total not exceed forty feet (40') above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to three (3) stories in height in residential areas, provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed two (2) stories in height. 13-100 13-101 13-102 13-103 SECTION 13 Accessory buildings shall not be used for rental purposes or barter exchange. Accessory buildings may be occupied only by immediate family members and/or full time domestic servant(s) employed by owner/occupant of the property. Plumbing and cooking facilities may be allowed by Specific Use Permit. FRONT YARD Attached accessory buildings shall observe the same setback requirements as the main building. Detached accessory buildings or structures shall be located in the area defined as the rear yard or shall comply with the setback requirements of the main structure. SIDE YARD Any detached accessory building or structure located in a residential rear yard area shall have a side yard not less than twenty-four (24) inches from any side lot line. For accessory buildings adjacent to a side street, the side yard shall comply to main structure requirements [Refer to 9-602(a)]. No windows or other openings and/or vertical walls may be adjacent to any minimum side yard above the twelve (12) feet, six (6) inch plate line. Any openings and/or vertical wall surface above the twelve (12) feet, six (6) inch plate line must have a minimum twenty (20) foot setback from a side ~ard property line. REAR YARD (a) There shall be a rear setback of not less than three (3) feet, measured from the rear property line, for an accessory building or structure, unless there is an opening facing the rear property line above the twelve (12) feet, six (6) inch plate line. If said opening occurs, then there shall be a minimum setback of twelve (12) feet, six (6) inches from the rear property line. In residential districts, the main building, all accessory buildings and all other structures in excess of thirty (30) inches above ground level shall not cover more than fifty (50) (b) (c) percent of that portion of the lot lying to the rear of the midpoint line of the lot, i.e., a line joining the midpoint of one side lot line to the midpoint of the other side lot line. In SF-A Districts, this fifty (50) percent factor may be increased only when open space in the form of a side courtyard exists in the building area to the front of the aforementioned bisecting line. The coverage in the rear of the lot may increase by the area of the courtyard with a limit of seventy-five (75) percent rear lot coverage. Detached garages, ,carports, or other detached structures shall not be closer than six (6) feet to the main building nor nearer than twenty-four (24) inches from any side lot line. This six (6) foot space shall not contain any stairs or similar structures. Where an enclosed garage or carport is designed and constructed to be entered directly from an alley or side street, such garage or carport shall be set back from the respective property line a minimum distance of twenty (20) feet to facilitate access without interference with the use of the street or alley by other vehicles or persons. Where the special design and layout of a garage or carport provides a minimum of twenty (20) feet of paved drive or apron between the alley or street line which permits a parked vehicle to clear the street or alley right-of-way line, such design and layout may be approved by the building official as meeting the provisions of this Section. To be eliminated. 13-104 AREA AND HEIGHT OF ACCESSORY BUILDING (a) The area of accessory buildings in the rear yard is limited only by the total rear yard coverage of fifty (50) percent as stated in Paragraph 13-104(a) of this section and setbacks and separation distances as provided by this ordinance. The maximum height of any accessory building or structure within the forty (40) feet rear setback line (see Illustration 3b) shall be twenty-five (25) feet at the ridge or extended ridge line and twelve (12) feet, six (6) inches at the plate line, both measured from the average natural grade. (b) For roof slopes in excess of 9/12, the extended ridge concept shall apply. Roof slopes exceeding a 14:12 pitch (14 vertical, 12 horizontal) shall be considered a vertical building-wall surface. 21.101.24 SECTION 21 GENERAL DEFINITIONS Height - The vertical distance measured from the established natural grade of the lot or site to the designated point measurement by the ordinance. If no point of measurement is identified, the point of measurement shall be the highest point of the roof's surface. Measurement of height excludes chimneys, cooling towers, spires, antennae, and other appurtenances in non-residential districts, not exceeding ten (10) feet in additional height. 21-101.53 Plate Line - The plate line is the top of the top structural support on which the rafters and/or joists rest. 21-101.54 Domestic Servant - A full time person employed by the property owner or tenant of the main living structure for the sole purpose of providing personal services such as house cleaning, yard and garden maintenance or health and medical related functions. II. APPENDIX ILLUSTRATIONS THAT, the following illustrations are a part of the Comprehensive Zoning Ordinance, Appendix Illustrations, and amend or supplement such illustrations as indicated. (See nex~t page) STREET FROMT YARD -7 I I BUILDING AREA ]~ ~o% OF TH~S ACCESSORY II AREA HAY BE BUILDING II COVERED BY LI~E I L ST..~.RUCT~$. ~'i,"---t ~ ~2 ,-77~_~- ----~_,,, J..__ ACCESSORY ) ~ ' BUILDING _../ · LIME 37 ~1 ~MINIMUM SET BACK TWO ~LJ 8TORY 8TRU(~TURE ~J [ 1' FOR 2', IN tlEIGIIIT · '~/¼ ^BraT,ON TO MImMUM MAIN TWO STORY STRUCTURE MINIMUM BIDE YARD ~o~ U~mMUU ON ONE BIDE 0 NL Y ---.-~ ILLUSTRATIONS NO. 3 (a) (b) (c) (d) YARDS (Revised and supplemented) z STREET b. STREET HID POIHT ON T YARD SIDE LOT LI,E$ j~'l ...... ~'~~ -- F~ HEASURED ACCESSORY~~-~ ~:~ PROPER~ FRO" BUILDING LI~E 3~ -MINIMUM 8ET BACK TWO, 8TO~y 8TI'IUC TU~[ 1' FOR 2' IN IIEICtltT ADDITION TO MINIMUM 'R[QUIREMENT SET BACK TWO $ T.O ,R Y 8TRUCTUFIE 1' FOR ADDITION TO MINIMUM I'IEQUIREMENT MAIN TWO. STORY STRUCTURE' MINIMUM 81DE YARD 10% MINIMUM ON ONE SIDE ONLY~ MINIMUM 9TREET MAIN TWO STORY STRUCTURE MINIMUM BIDE YARD 10% MINIMUM ON ONE SlDE ONLY.---~ ~ COVEriED POFtCII MAYBE LOCATED IN TIlt,9 AREA 8TFIEET ' ILLUSTRATION NO. 14 REAR YARD ACCESSORY BUILDING I Accessory · .11 Building I · MI., . Lol Wldlh "X" WI.dow Ol~onlllg Abo¥~ 12'- O" PI~Io U.Io.s glda Lol tl,,o la A 20' MI.. Solbaek. -- 20' MIn,-- Hole: Slruelbro Cnn be ~ No Opoitlng~ Occur Abovo ' lol~ LI.m "Y" ' ~"j'L Propo~ ly " J .... J : I Plnlo LI.o ~horo Is J Acgessor,, ~ j I Sell)ack From lhe Propo, ty III. THAT, a copy of this amendment be incorporated in the Zoning Ordinance as a permanent record of such ordinance. IV. THAT, Section 22, Penalty for Violations of the Zoning Ordinance is applicable to this amendment. Ve THAT, save and except for the Amendments contained in this Ordinance and all previous Amendments to the Zoning Ordinance, it is hereby ordered that each and every condition, term and section of the Comprehensive Zoning Ordinance of the City of University Park, Texas, as amended, shall remain in full force and effect. PASSED AND APPROVED this 10th day of September, 1985. MAYOR 'A~TEST: ~ / ~ / CITY MANAGER-CLERK / ORDINANCE NO. 77/328 (AMENDMENT NO. 53) AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING SECTION 8-400 (SNIDER PLAZA) OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, WHICH AMENDMENT AUTHORIZES THAT THE ROOF BE RAISED BY THREE FEET AT THE PROPERTY KNOWN AS 6725 HILLCREST AVENUE, AND PRO- VIDES A PENALTY. WHEREAS, on August 13, 1985, the Planning and Zoning Commission held a public hearing on the application of John M. Jackson and Gradford D. Corrigan and recommended it to the Board of Commissioners who, on September 10, 1985, held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 77/328, Section 8-400, Subsection PD-1-R (Snider Plaza) is hereby amended to include the following: PD-1-R (f) John M. Jackson/Bradford D. Corrigan 6725 Hillcrest Avenue Allowing the owners of Lot 1, Block D, University Park Resubdivision, known as 6725 Hillcrest Avenue, to raise the roof by three feet (3') at the rear of the present structure in order to provide enough room for both first floor and interior balcony. SECTION II THAT, the site plan for the addition shall be and the same is hereby approved, filed with the official planning and zoning records, and incorporated herein by reference. SECTION III THAT, this amendment shall be listed as an Exhibit to the Zoning Ordinance, PD-1-R(f). SECTION IV THAT, Section 22, Ordinance shall apply. Penalty for Violations of the Zoning PASSED AND APPROVED this 10th day of September, 1985. MAYOR ATTEST: 1 CITY MAN?ER-CLERK ORDINANCE NO. 85/11 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, RESCINDING ORDINANCE NO. 85/3, WHICH AMENDED SEVERAL SECTIONS AND SUBSECTIONS OF CHAPTER 3, BUILDING REGULATIONS, CODE OF ORDINANCES, CITY OF UNIVERSITY PARK. WHEREAS, after hearings and recommendation by the Planning and Zoning Commission, the Board of Commissioners of the City of University Park adopted Ordinance No. 77/328 (Amendment No. 52) which is a more balanced and desirable version of Ordinance No. 85/3; and WHEREAS, Ordinance No. 85/3 had been passed only as a stop gap ordinance until the zoning ordinance version could be divised. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: THAT, Ordinance No. 85/3 of the Code of Ordinances, City of University Park is hereby rescinded. PASSED AND APPROVED this 10th day of September, 1985. ORDINANCE NO. 85/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1985 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1985, it is hereby levied on all property located within the City of University Park, Texas, on the first day of January 1985, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of forty and thirty-five one hundreds cents ($.4035) on each and every one-hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3065 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0970 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1985 tax year, the Board of Commissioners authorized a general homestead exemption of thirty percent (30%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1985 levy. PASSED AND APPROVED this 23rd day of September, 1985. ......... MAYOR ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 85/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985, AND ENDING SEPTEMBER 30, 1986, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager-Clerk as budget officer, under Chapter 8, Section 2.I of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1985, and endinc September 30, 1986, under full compliance with budgetary requirements of Article 689, a-13, West's Texas Statutes and Codes. SECTION II THAT, the preliminary budget was filed in the office of the Assistant City Clerk on August 29, 1985, and such filing was thirty (30) days prior to September 30, 1985. SECTION III THAT, a notice of a public hearing for September 12, 1985 at 8:00 a.m. was duly advertised. SECTION IV THAT, the officially approved copy of this budget of the City of University Park is marked and filed in the office of the Assistant City Clerk. PASSED AND APPROVED this 23rd day of September, 1985. ATTEST: ~~' CITY MANAGER-CLERK MAYOR ORDINANCE NO. 25/14 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 3 A. AND B.-WATER RATES, AND SECTION 4 A. (1) (d) (e) , (2) AND (3) -SEWER RATES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, Chapter 11, Section 3 A. and B., Water Rates, of the Code of Ordinances, are hereby amended to read as follows: A. The following water rates are hereby established and shall be collected by the manager of the water works and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: (1) For 5/8" or 3/4" meter (2) For a 1" meter (3) For a 1½" meter (4) For a 2" meter (5) For a 3" meter (6) For a 4" meter (7) For a portable meter $ 5.00 5.00 6.75 8.50 10.00 16.50 75.00 B. Each consumer served during the month shall be entitled to the use of three thousand (3,000) gallons of water paid under the minimum rates hereinabove speci- fied. In any billing period, where the water consumed is in excess of the minimum, the rate shall be one dollar and thirty two cents ($1.32) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be one dollar and thirty-two cents ($1.32) per thousand (1,000) gallons of water used. SECTION II THAT~ Chapter 11~ Section 4 A. (1) (d), (1) (e); (2) and (3), Sewer Rates, of the Code of Ordinances are hereby amended to read as follows: (1) (d) There shall be a six dollar and fifty cent ($6.50) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (1) (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at sixty-seven cents ($.67) per thousand gallons-per month-per unit for the sewer fee. However, no sewage charge shall be billed for an excess of twenty thousand (20,000) gallons of water used per month for any one (1) dwelling unit. (2) For each business or commercial establishment of any nature, plus public institutions such as schools and chur che s: (a) A six dollar and fifty cent ($6.50) minimum up to two thousand (2,000) gallons of water used per month; (b) Eighty-five cents ($0.85) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. (3) For service to Southern Methodist University~ seventy- nine cents ($0.79) per one thousand Ii~000) gallons of water used per month but that the monthly charge shall be based on the average of water used during January, February, March, October, November, and December preceding the first (lst) day of January. SECTION III THAT, the effective date of such increase shall be with the first billing after October 1, 1985. PASSED AND APPROVED this the 23rd day of September, 1985. .... ~ MAYOR A~TEST- / /~ CITY MANAGER-CLERK ORDINANCE NO. 85/15 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK~ TEXAS, AMENDING CHAPTER 6, SECTION 1, SUBSECTIONS H. (1) AND I. (1) OF THE CODE OF ORDINANCES, PROVIDING FOR A MINIMUM ON RESIDENTIAL AND COMMERCIAL GARBAGE COLLECTION FEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECT ION I THAT, Chapter 6, Section 1, Subsection H. (1) of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: H. RESIDENTIAL COLLECTION FEES (1) The city shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses and apartment houses as follows: Single-family dwelling -- Two-family dwelling, per unit Apartments, per unit Carry-outs, each unit $ 7.50 7.50 7.50 15.00 The sanitation department shall determine equitable charges for containers placed at residences for the convenience of such residences, but in no event shall such charge be less than the minimum commercial charge of seven dollars and fifty cents ($7.50). SECTION II THAT, Chapter 6, Section 1, Subsection I. (1) of the Code of Ordinances, City of University Park~ Texas~ is hereby amended to read as follows: I. COMMERCIAL COLLECTION FEES (1) The city shall for its services in removing garbage and trash from all businesses, lodging houses, boarding houses~ commercial institutions~ individual businesses, firms or corporations, churches, schools, office buildings and properties, charge a minimum of seven dollars and fifty cents ($7.50) for once a month service and ten dollars and fifty cents ($10.50) for twice a week service. However, where containers have been placed at establishments, all charges shall be based on studies made by the sanitation department in regard to volume, time necessary for collection and days per week of collection except that the sanitation department shall use the following schedule as a guideline in such estimation: Collections Per Week 1 2 3 or more Container Containers Containers 2 $36.75 $ 57.75 $ 68.25 3 48.30 73.50 92.40 4 59.85 89.25 117.60 5 73.50 107.10 141.75 6 87.15 131.25 159.60 SECTION III THAT, the effective date of such increase shall be with the first billing after October 1~ 1985. PASSED AND APPROVED this the 23rd day of September, 1985. .... 'm MAY 0 R ATTEST: ~/ .// t~? CITY MANAGER-CLERK ORDINANCE NO. 85/16 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING CHAPTER 8, SECTION 8.Bo OF THE CODE OF ORDINANCES, ESTABLISHING AN HOURLY SICK LEAVE ACCRUAL FOR FIREFIGHTERS AND OTHER EMPLOYEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 8.B. of the Code of Ordinances of the City of University Park, Texas, is hereby amended and supplemented to read as follows: $ o Sick leave shall be accumulated on the basis of 1.25 days for each full month of employment (2.31 hours per week, 52 weeks per year) up to a maximum accumulation of one hundred twenty (120) days (960 hours). Firefighters shall accumulate 3.25 hours per week for 52 weeks per year up to a maximum accumulation of thirteen hundred and forty eight (1348) hours. The city manager-clerk shall see that a complete and comprehensive sick leave record is kept for each employee that will accurately reflect the net sick leave accumulated. SECTION II THAT, the effective date of October t, 1985, is hereby established. PASSED AND APPROVED this 23rd day of September, 1985.  MAYOR C IT~/MANAGER-CLERK ORDINANCE NO. 85/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 10, SECTION 10oA. OF THE CODE OF ORDINANCES BY ADDING SUBSECTION (8) WHICH ESTABLISHES A 15 MILE PER HOUR SPEED LIMIT ON PARK STREET, AND PROVIDES A PENALTY. WHEREAS, there are approximately 1400 crossings of Park Street per day by children ages five through fourteen during the nine school months from September through Mayl and WHEREAS, by reducing the speed on this street the City would create a much safer area for the Day School and Mediative School children to cross to Williams Park and Playground. NOW, THEREFORE, BE IT RESOLVED by the Board of Commission- ers of the City of University Park, Texas: SECTION I THAT, Chapter 10, Section 10.A. of the Code of Ordinances of the City of University Park; Texas, is hereby amended by adding Subsection (8), which said addition shall read as follows: (8) The speed limit shall be fifteen (15) miles per hour on Park Street from University Blvd. south to McFarlin Blvd. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of September, 1985. "MAYOR CITY ~ANAGER-CLERK/ / ORDINANCE NO. 85/18 AN ORDINANCE PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS AND PROHIBITING THE SALE OF SEXUALLY EXPLICIT MATERIAL WITHIN CERTAIN AREAS OF THE CITY; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. WHEREAS, the Board of Commissioners of the City of University Park, Texas, has determined that the display and availability for perusal of sexually explicit materials is detrimental to the psychological health and welfare of minors; and WHEREAS, it is the desire of the Board of Commissioners of the City of University Park to protect the rights of parents to determine the types of reading material which are suitable for their children; and WHEREAS, the City of University Park, Texas,· being aware of its duty to protect the health and welfare of its citizenry, desires to regulate the display and sale of certain sexually explicit material. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT Chapter 4 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section, to be numbered Section 5, which said section shall read as follows: A. In this section "DISPLAY" means to locate an item in such a manner that it is available to the general public for handling and inspection or that the cover or outside packaging on an item is visible to members of the general public, without obtaining assistance from an employee of a business establishment. B. In this section "MATERIAL" means a book, magazine, newspaper, photograph, picture, motion picture, film, videotape, laser-disc, or anything tangible that is capable of being used to arouse interest, whether through the medium of reading, observation, sound or any combination of such media. C. A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays any material with the knowledge that it depicts: 1. Human sexual intercourse, masturbation, or sodomy; 2. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; 3. Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of areola; or 4. Human male genitals in a discernibly turgid state, whether covered or uncovered, in a manner calculated to arouse a sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain. D. No business or enterprise which operates within 1,000' of a church, a public or private elementary, middle or high school shall offer material for sale, lease or rental, knowing that said material is sexually explicit as described above. E. An offense under this section is punishable by a fine not to exceed Two Hundred Dollars ($200.00), and each day, or fraction of day during which the violation is committed, continuing, or permitted, shall constitute a separate offense. PASSED AND APPROVED this 23rd day of September, 1985. ATTEST: CITY~NAGER-CLE~K ORDINANCE NO. 85/19 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 10, SECTION 20: TRUCKS AND HEAVY EQUIPMENT REGULATIONS, BY ADDING (D) RESTRICTING CONCRETE TRUCKS AND TRUCKS OVER 2-1/2 TONS FROM USING RESIDENTIAL ALLEYS, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 10 of the Code of Ordinances, City of University Park, Texas, is hereby amended by adding a section to be numbered Section 20(D), which said section shall read as follows: D. RESTRICTIONS ON THE USE OF RESIDENTIAL ALLEYS (1) Except for repair vehicles of utilities and municipal services vehicles, no concrete truck or any truck exceeding two and one-half tons (2-1/2 tons or 5,000 lbs. load capactiy) shall use any of the residential alleys of the City of University Park. A residential alley is defined as an alley which abuts a residential zoned area (SF-1, SF-2, SF-3, SF-4, SF-A, 2F-l, 2F-2, MF-1, MF-2 or MF-3) on both sides. (2) The city manager-clerk shall have placed on all major thoroughfares a sign designating the prohibition on the use of said alleys. (3) Ail projects requiring concrete shall utilize pumping equipment or concrete "buggies". (4) Swimming pool contractors may upon approval of the Building Department transport an excavator to the job site provided specified protection methods as approved by the Director of Public Works are used to prevent damage to area abutting the alley pavement. (5) It shall be unlawful for any person to oeprate or drive any truck in violation of (1) above. SECTIONII THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 23rd day of September, 1985. ............. MAYOR /'/ ATTEST: / /~', CITY ~N~tGER-CLE~ ORDINANCE NO. 85/20 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: 1. Pay Plan POSITION tST MID 3RD GRADE MINIMUM QUARTER POINT QUARTER MAXIMUM Chief of Police & Fire Director of Public Works 47 3205 3644 4083 4522 4961 47 Finance Director 46 3071 3479 3887 4295 4703 45 2938 3317 3696 4075 4454 44 2807 3158 3509 3860 4211 43 2678 3003 3327 3651 3976 42 2551 2851 3150 3449 3748 42 42 42 Reserved Reserved Reserved Public Works Engineer Asst. to City Engineer Fire Marshal/Asst. Chief Police Captain Reserved Park Director Bldg. Official/Traffic Superintendent 40 Police Lieutenant 40 Fire Training Chief 40 Purchasing/Personnel Mgr. 40 41 2426 2702 2977 3252 3528 40 2303 2556 2809 3062 3315 Tax Collector 39 Admin. Coord./Sanitation Superintendent 39: 2183 2414 2646 2877 3109 Police Sergeant Fire Captain Quality Control/Training Officer 38 2064 2276 2487 2698 2910 38 38 37 1948 2140 2333 2525 2718 36 1834 2009 2184 2358 2533 Mechanic Foreman Buyer Administrative Assistant Finance Department Water Department Manager Building Inspector I Administrative Assistant Public Works 36 36 36 36 Public Safety Data Services Specialist Utility Foreman Asst. Building Official Assistant City Clerk Lead Mechanic 35 35 35 35 35 1723 1881 2039 2197 2355 POSITION tST GRADE MINIMUM QUARTER MID 3RD POINT QUARTER MAXIMUM Building Inspector II Foreman Utility Worker I Dispatcher Mechanic Welder Administrative Assistant: Parks & Sanitation Warehouseman Utility Worker II Senior Court Clerk Data Processor Gardener I Traffic Technician Animal Control Officer Night Maintenance Sign Maker Transfer Driver Welder Utility Worker III Police Secretary Building Dept. Secretary Court Clerk Commercial Driver Night Maintenance Asst. Clerk/Typist Cashier/Clerk Tax Clerk Welder Helper Lubeman Assistant Warehouseman Tire Repairman Gardener II Sprinkler Gardener Clerk Service Center Secretary Park Mechanic Sanitation Inspector Sign Installer Residential Driver Utility Worker IV Receptionist/Telephone Operator Street Painter Utility Clerk/Mailroom Janitor Sanitation Helper Gardener III 34 34 34 34 34 34 34 32 32 32 32 32 32 32 32 32 32 31 31 31 31 31 31 31 31 31 31 31 31 31 31 31 30 3O 30 30 30 3O 3O 3O 30A 30A 1614 1757 1899 1906 2184 1508 1636 1764 1892 2020 1404 1519 1633 1747 1862 1304 1405 1507 1609 1710 1206 1296 1386 1476 1599 1177 1261 1345 1429 1513 POSITION UNIFORMED, STEP PLAN 1985-86 POSITIONS START 6 MO. 1 YEAR 2 YEARS 3 YEARS Fire Lieutenant Ambulance Lieutenant Fire Inspector Paramedic Police Investigator Fire Driver Engineer Motorcycle/Patrol Officer Fire Driver Engineer II Hoseman 1999 2100 2204 2314 2430 1909 2003 2104 2209 2319 1835 1926 2023 2124 2230 1797 1888 1981 2080 2184 1734 1820 1912 2007 2107 2. Pay Plan Administration (a) Non-uniformed Step Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit or above average performance. Merit employees will receive an increase in April based on their performance appraisal. Employees with an average appraisal will receive a 3% of mid-point increase. Above average employees will receive a 5% of mid-point increase, and outstanding performers will receive a 7% of mid-point increase. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recognized. 3. Probationary Period. The probationary period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a probationary period or prevents any department head or supervisor from delaying step raises or not giving step raises for just and compelling reasons. 4. Emergency Service Plan. Because of emergency conditions in the utility area, the utility supervisor will designate one three-person crew which is available for call for a week at a time (7 days), twenty-four (24) hours per day. For such availability, each member of such crew will receive up to thirty-eight dollars and fifty cents ($38.50). The amount of such bonus to be determined at the discretion of the Director of Public Works. Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. 5. Incentive Pay for Hourly Employees. Each hourly employee working at the service centers of the City of University Park will receive a bonus of twelve dollars ($12.00) per week if the employee works a regularly scheduled forty (40) hour work week and reports to work on his or her scheduled time the next Monday. Any hourly employee who misses a portion of the weeks work schedule because of sickness, tardiness or willful absence shall forfeit such bonus. Vacation, if scheduled and approved by the supervisor prior to taking, and holidays, do not require forfeiture if the employee works his or her scheduled forty (40) hours before or after such vacation or holidays. The above bonus is based on reducing absenteeism and consequently is not predicated on the reason for such absenteeism. 6. Longevity. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. Ail other employees of the City, who are paid on a monthly basis, shall receive longevity pay at the same rate as police and fire personnel. Hourly employees shall receive longevity pay for each year of service at the rate of two and 3/;0 cents ($.023) per hour up to a maximum twenty-five (25) years of service. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. 7. Excess of Forty (40) Hours. Ail employees not listed as exempt from overtime by Administrative Orders, shall receive pay at the rate of one and 1/2 timeS of base pay for all hours worked over forty (40) hours per week. Holidays count as a workday for the purposes of this section. 8. Compensatory Pay Time. It is possible to give compensatory pay time as long as the comp time off is given within the pay period in which it is earned. Ail such time must be certified to and given to the payroll clerk for record keeping. Unless the department head and supervisor certify such accrued comp time, no such claims will be allowed subsequently. 9. Application of Pay Plan. The pay plan, as outlined above, applies only to regular full-time employees except for the overtime provisions. 10. Plan Into Effect. This amended ordinance goes into effect as of October 1, 1985. 11. Interpretation. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. Ail salaries not listed herein are eligible for merit increases, as outlined by their respective departments, unless otherwise designated by the Board of Commissioners. PASSED AND APPROVED this 7th day of October, 1985. ATTEST: CITY MANAGER-CLERK / / / ORDINANCE NO. 85/21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING AND SUPPLEMENTING CHAPTER 7, SECTION 3, OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, REGULATING CONSTRUCTION HOURS AND PROVIDING A PENALTY BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 7, Section 3, of the Code of Ordinances of the City of University Park, Texas, is hereby amended and supplemented to read as follows: SECTION 3. OFFENSIVE NOISES AND ODORS PROHIBITED; CONSTRUCTION HOURS REGULATED Ae A person commits an offense if he creates any noise or odor which is unreasonably offensive to persons of ordinary sensibilities who occupy surrounding property. The owner or person in control of property where unreasonable noise or odor is generated commits an offense if he fails to cause such unreasonable noise or odor to be abated. Loading~ unloading~ and handling of construction material and the use of any tools or equipment used in construction, drilling, or demolition work shall be permitted only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday, except by special permission given by the building department. A person in control or the owner of such property commits the offense if he fails to prohibit such construction during the prohibited hours. Emergency work done in case of storms, sewer stoppages, water main breaks, municipal and utility construction as well as security requirement are exempted from all of the restrictions. Shingling of asbestos/asphaltic material may commence at day break, Monday through Saturday, during the period of May through September. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinance shall apply. PASSED AND APPROVED this 7th day of October, 1985. CITY// MANAGER-CLERK/ MAYOR' ~O-~EM / ORDINANCE NO. 85/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, AMEND- ING AND SUPPLEMENTING CHAPTER 10, SECTION 12 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING THE PARKING OF MOTORHOMES ON RESIDENTIAL STREETS; PROHIBITING PARKING ON SIDEWALKS AND PARK- WAYS; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 10, Section 12 C. (1)(b) of the Code of Ordinances is hereby amended and supplemented to read as follows: (b) A person commits an offense if he parks or leaves unattended on a public street a mobile home, motor home, travel trailer, boat trailer, stock trailer, or any other type of trailer, other than for the immediate loading or unloading of such vehicle. SECTION II THAT, Chapter 10, Section 12 C. of the Code of Ordinances is hereby amended by adding Subsection (4), which subsection shall read as follows: (4) Parkinq Prohibited on Sidewalks and Parkways A person commits an offense if he parks or leaves unattended any vehicle or trailer on a public side- walk or parkway. Construction vehicles may park on the parkway during a six (6) month period if such parking does not create a sight hazard and if the chief of police and the building official both agree to such parking. SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 7th day of October, 1985. ORDINANCE NO. 85/23 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENTS NUMBER 7, 8 AND 9 TO THE "REVISED CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, 1981", AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981" has been revised by Supplements No. 7, 8, and 9. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION I THAT, Supplement No. 7 (general ordinances through October 24, 1984, and zoning ordinances through November 5, 1984); Supplement No. 8 (general ordinances through July 24, 1985, and zoning ordinances through January 1, 1985); and Supplement No. 9 (general ordinances through October 7, 1985, and zoning ordinances through September 10, 1985) to the "Revised Code of Ordinances of the City of University Park, 1981" are hereby adopted. SECTION II THAT, for Supplements No. 7, 8, and 9 to the Code, the provisions of Chapter 1, Section 5 (General Penalty for Viola- tions of Code) and Section 6 (Severability of Parts), or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordinances, City of University Park, Texas, shall apply. PASSED AND APPROVED this 23rd day of October, 1985. ~~ MANAGER-CLE~K ORDINANCE NO. 85/24 (A) AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 19.C. DEFINING ABUTTING PROPERTY OWNERS RESPONSIBILITY OVER PARKWAYS AND ALLEYS, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 3, Section 19.C. of the Code of Ordinances~ City of University Park, Texas, is hereby amended to read as follows: Responsibility of Abuttinq Property Owner, Lessee or Individual in Charge of Property The abutting property owner, lessee or person in charge of the property -if the property is vacant or is being occupied without a lease- has the responsibility of maintaining all trees, shrubs, etc., in the parkways and alleys and shall see that grass and weeds do not grow to more than eight inches (8") in height in such parkways and alleys before mowing. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply to this ordinance. PASSED AND APPROVED this 20th day of November, 1985. ATTEST: MAY 0 R C I TY MANA GE R- C LE RK ORDINANCE NO. 77/328 (AMENDMENT NO. 54) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMITS FOR INSTALLATION OF PLUMBING IN ACCESSORY BUILDINGS LOCATED AT 3529 VILLANOVA DRIVE AND 3428 PURDUE STREET, AND PROVIDING A PENALTY. WHEREAS, DAN S. ALLRED, owner of 3529 Villanova Street, Lot 22, Block 67, University Park ~7 Addition, requested a Specific Use Permit to install bathroom facilities in an existing accessory building; and WHEREAS, JOHN B. ATWOOD III, onwer of 3428 Purdue Street, Lot 11, Block Q, University Heights #1 Addition, requested a Specific Use Permit to install a bath with shower on the second floor of the accessory building and a water heater on the first floor; and WHEREAS, the Planning and Zoning Commission held a hearing on the applications on October 15, 1985, and recommended the Specific Use Permits to the Board of Commissioners under the condition that the property owners sign the required "Covenant Running with the Land"; and WHEREAS, a public hearing on the two applications was held by the Board of Commissioners on November 20, 1985. NOW, THEREFORE, BE IT ORDAINED by the Board of Commission- ers of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: THAT a Specific Use Permit be approved for Lot 22, Block 67, University Park ~7 Addition, known as 3529 Villanova Street, for the installation of bath- room facilities in the existing accessory building. The property is owned by Dan S. Allred. THAT a Specific Use Permit be approved for Lot 1t, Block Q, University Heights #1 Addition, known as 3428 Purdue Street, for the installation of bath with shower on the second floor of the accessory building and of water heater on the first floor. The property is owned by John B. Atwwod, III. SECTION II THAT the Specific Use Permits are granted only with the condition that the two property owners sign the respective "Covenant Running with the Land"; and SECTION III THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER TYPE OF USE S-10 Plumbing facility in accessory building 3529 Villanova Street S-ii Plumbing facility in accessory building 3428 Purdue Street SECT ION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 20th day of November, 1985. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 85/24 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ORDERING THE CREATION OF A NONPROFIT CORPORATION UNDER SECTION 53.35(b), TEXAS EDUCATION CODE, AS AMENDED; DESIGNATING THE INCORPORA- TORS THEREOF; APPROVING ARTICLES OF INCORPORATION AND APPOINTING THE INITIAL DIRECTORS THERETO; APPROVING THE BYLAWS OF THE CORPORATION; CONTAINING OTHER PROVI- SIONS AND MAKING CERTAIN FINDINGS RELATING THERETO. WHEREAS, Section 53.35(b), Texas Education Code, as amended (the "Act"), specifically authorizes this Commission to order the creation and organization of a nonprofit corporation under the Act to act on behalf of the City of University Park, Texas (the "City") as its duly constituted authority and instrumentality for the purpose of aiding nonprofit institutions of higher education in providing educational facilities and housing facilities and facilities incidental, subordinate or related thereto or appropriate in connection therewith; and WHEREAS, the Act further authorizes a nonprofit corporation thus created to perform its power, duties and functions beyond the corporate limits of the City and to act on behalf of and as the duly constituted authority and instrumentality of other municipalities within the State for the purpose of aiding nonprofit institutions of higher education within such municipalities; and WHEREAS, the Act authorizes the nonprofit corporation thus created to issue revenue bonds on behalf of the City and such other municipalities, provides that the directors of the corporation shall be appointed and be subject to removal as herein provided, and further provides that a private person may not share in any of the corporation's earnings; and WHEREAS, this Commission by this Ordinance intends to take all steps necessary to order the creation of a nonprofit corporation pursuant to and under the Act, subject to the provisions of the Act and this Ordinance; and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meeting was given as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT the findings and declarations contained in the preambles of this Ordinance are incorporated herein as part of this Ordinance. SECTION II THAT this Commission hereby finds and determines that it is to the best interest of the City and its inhabitants that a nonprofit corporation, to be named the "Texas Higher Education Authority, Inc." (the "Authority"), be ordered created under the Act to act on behalf of the City and other municipalities within the State upon their request as their duly constituted authority and instrumentality for the public purposes defined and with the powers conferred in the Act. SECTION III THAT this Commission hereby orders that the Authority be created under the Act with articles of incorporation (the "Articles") in substantially the form attached hereto, and the Commission hereby designates and appoints the following persons to act on its behalf as the incorporators thereof, to-wit: Thomas Max Nygaard James B. Gardner Frank C. Carter and this Commission directs and authorizes the incorporators to file the Articles with the Secretary of State. SECTION IV THAT this Commission hereby appoints Leland D. Nelson as registered agent for the Authority and appoints the following persons as the initial members of the board of directors of the Authority, to-wit: Thomas Max Nygaard James B. Gardner Frank C. Carter Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones Ronald J. Case such persons to serve for the terms specified in the Articles, subject to removal by this Commission for cause or at will as provided in the Act and in the Articles. SECTION V THAT, as provided in the Act, the Authority shall be a nonprofit corporation, and no part of its net earnings remaining after payment of its expenses, bonds or other obligations shall ever inure to the benefit of any individual, firm or corporation, except that in the event sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Authority, then any net earnings of the Authority thereafter accruing shall be paid to the City and to other municipalities as directed in the Articles. SECTION VI THAT the City expressly reserves the right, exercisable at any time and in its sole discretion, to alter the structure, organization, programs or activities of the Authority or to terminate and dissolve the Authority, subject only to any limitations provided by the respective constitutions and laws of the State of Texas or of the United States prohibiting the impairment of contracts entered into by the Authority. SECTION VII THAT the Authority shall have no purposes and shall engage in no business or enterprise other than for the purposes provided in and authorized by the Act. Whenever the board of directors shall determine that the purposes for which the Authority was formed have been substantially accomplished and that all bonds and other obligations theretofore issued or incurred by the Authority have been fully paid or payment provided for, the members of the board of directors shall, upon receipt of the approval of this Commission, thereupon dissolve the Authority in the manner provided by law, subject to the limitations provided in Section 6 hereof applicable to dissolution directed by the Commission. SECTION VIII THAT whenever dissolution of the Authority shall occur, whether instituted by this Commission or by the board of directors of the Authority, the dissolution proceedings shall transfer the title to all funds and properties then owned by the Authority to the City after satisfaction of all claims against the Corporation has been made. SECTION IX THAT no bonds, notes or other obligations issued by the Authority shall ever be or constitute a note, bond or other obligation of the City or any other municipality or shall ever be payable from or secured by any funds or properties of the City or other municipality or shall ever be deemed to be or create an indebtedness or liability, or a special, general or moral obligation of the City or other municipality, and any and all bonds, notes or other obligations issued by the Authority shall contain a provision, condition or recital to that effect. SECTION X THAT it is intended that the Authority be a duly constituted authority and instrumentality acting on behalf of the City and any other municipality that requests the Authority to act on its behalf in financing educational facilities located within its boundaries, within the meaning of regulations of the Treasury Department and the revenue rulings of the Internal Revenue Service of the United States promulgated under Sections 103 and 115 of the Internal Revenue Code of 1954, as amended. SECTION XI THAT the Bylaws of the Authority, in the form and substance attached hereto, are approved and shall not be amended, altered or repealed without the approval of this Commission. SECTION XII THAT this Ordinance shall take effect immediately from and after its adoption. PASSED AND APPROVED this 4th day of November, 1985. ATTEST: ~' ,', /;~ CITY MANAGER-CLERK ORDINANCE NO. 85/25 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING CHAPTER 4, SECTION 1.C.(1)(d)(e)(f), SECTION 1.C.(2)(h), SECTION 1.lC. (1) (d) (e) (f), SECTION 1.lC. (3)(h), SECTION 1.1 E.F.G., ALL IN REGARD TO PEDDLERS AND SOLICITORS LICENSES, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 4, Section 1.C.(1), Subsections (d) (e) and (f) are hereby amended to read as follows: (d) A permit shall not be issued to any person under seventeen (17) years of age. (e) Solicitation shall be deemed completed when made, regardless of whether or not the person making the solicitation receives any contribution or makes any sale as defined herein. (f) Is hereby deleted. SECTION II THAT, Chapter 4, Section 1.C. (2), Subsection (h) is hereby amended and supplemented to read as follows: (h) State driver's license number or a state approved identification card number. SECTION III THAT, Chapter 4, Section 1.1 C. (1), Subsections (d) (e) and (f) are hereby amended to read as follows: (d) A permit shall not be issued to any person under seventeen (17) years of age. (e) Solicitation shall be deemed completed when made, regardless of whether or not the person making the solicitation receives any contribution or makes any sale as defined herein. (f) Is hereby deleted. SECTION IV THAT, Chapter 4, Section 1.1 C (3), Subsection (h) is hereby amended and supplemented to read as follows: (h) State driver's license number or a state approved identification card number. SECTION V THAT, Chapter 4, Section 1.1, Subsections E., F. and G. are hereby amended and supplemented to read as follows: E. Is hereby deleted. F. Is hereby numbered E. G. Is hereby numbered F. SECTION VI THAT, Chapter 1, Section 5-General Penalty, and Section 6-Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 18th day of December, 1985. ATTEST: CITY MANAGER-'~LERK ~ MAYOR / / ORDINANCE NO. 85/26 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLEMENTING CHAPTER 4, SECTION 3.J. (4), EXEMPTING PUBLIC INSTITU- TIONS FROM FALSE ALARM FEES; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 4, Section 3.J. of the Code of Ordinances is hereby amended by adding Subsection (4) which shall read as follows: J. FEES FOR FALSE ALARM NOTIFICATION (4) Public institutions shall be exempt from all of the above false alarm fees, provided they exercise all due care in the maintenance of their systems to assure that false alarms are kept at a minimum. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, shall apply. PASSED AND APPROVED this 18th day of December, 1985. MAYOR ORDINANCE NO. 85/27 AN ORDINANCE 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 CITY OF UNIVERSITY PARK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICI- ARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLI- SHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title ll0B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said System in force and effect on the 1st day of January, 1985, by reason of service in the employment of the City of University Park, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 63.402 of said title) in an amount that is 60% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 63.402 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 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement 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 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 64.203 of Title ll0B, Revised Civil Statutes of Texas, 1925, as amended, the City of University Park hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this 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 annuity increase under this Section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for Ail Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Ordinance. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System. Section 3. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement System, the updated service credits and increases in retirement annuities granted hereby shall be and become effective on the 1st day of January, 1986. PASSED AND APPROVED this 18th day of December, 1985. MAYOR CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 54) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMITS FOR INSTALLATION OF PLUMBING IN ACCESSORY BUILD- INGS LOCATED AT 3529 VILLANOVA DRIVE AND 3428 PURDUE STREET, AND PROVIDING A PENALTY. WHEREAS, Dan S. Altred, owner of 3529 Villanova Drive, Lot 22, Block 67, University Park ~7 Addition, requested a Specific Use Permit to install bathroom facilities in an existing accessory building; and WHEREAS, John B. Atwood III, owner of 3428 Purdue Street, Lot 11, Block Q, University Heights #1 Addition, requested a Specific Use Permit to install a bath with shower on the second floor of the accessory building and a water heater on the first floor; and WHEREAS, the Planning and Zoning Commission held a hearing on the applications on October 15, 1985, and recommended the Specific Use Permits to the Board of Commissioners under the condition that the property owners sign the required "Covenant Running with the Land"; and WHEREAS, a public hearing on the two applications was held by the Board of Commissioners on November 20, 1985. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: Ao THAT a Specific Use Permit be approved for Lot 22, Block 67, University Park #7 Addition, known as 3529 Villanova Drive, for the installation of bathroom facilities in the existing accessory building. The property is owned by Dan S. Allred. THAT a Specific Use Permit be approved for Lot 11, Block Q, University Heights #1 Addition, known as 3428 Purdue Street, for the installation of bath with shower on the second floor of the accessory building and of water heater on the first floor. The property is owned by John B. Atwood, III. SECTION II THAT the Specific Use Permits are granted only with the condition that the two property owners sign the respective "Covenant Running with the Lane"; and SECTION III THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER S-10 S-11 TYPE OF USE Plumbing facility in accessory building 3529 Villanova Drive Plumbing facility in accessory building 3428 Purdue Street SECTION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended Ordinance. PASSED AND APPROVED this 20th day of November, 1985. ATTEST: ORDINANCE NO. 77/328 (AMENDMENT NO. 55) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING A SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING AND KITCHEN FOR SER- VANT'S QUARTERS IN THE ACCESSORY BUILDING LOCATED AT 3920 HANOVER, AND PROVIDING A PENALTY. WHEREAS, Mary Hodge, owner of 3920 Hanover Street, requested a Specific Use Permit to install plumbing/kitchen facilities in the accessory building that would be converted into a servant's quarters; and WHEREAS, the Planning and Zoning Commission held a hearing on November 19, 1985, and recommended the Specific Use Permit, under two conditions, to the Board of Commissioners; and WHEREAS, a public hearing on the application was held by the Board of Commissioners on December 18, 1985. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: THAT a Specific Use Permit be approved for the east 29 feet of Lot 1 and the west 31 feet of Lot 2, Block 24, University Heights Addition, for the installation of plumbing and kitchen in the accessory building that will be converted into servant's quarters. SECTION II THAT the Specific Use Permit be granted with the following conditions: 1. That the property owner sign the "Covenant Running with the Land"; and 2. That the concrete drive and parking area be widened from the west property line then east to the west side of the accessory structure. SECTION III THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER TYPE OF USE S-12 Plumbing and kitchen facilities in accessory building at 3920 Hanover Street. SECTION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended Ordinance. PASSED AND APPROVED this 18th day of December, 1985. ATTEST: , .. ., "/ CITY MANAGER-CLERK ORDINANCE NO. 86/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REPEALING ALL CONFLICTING ORDINANCES AND PROVIDING RATES FOR NATURAL GAS SERVICE TO BE SUPPLIED BY LONE STAR GAS COMPANY TO RESIDENTIAL (DOMESTIC), COMMER- CIAL AND PUBLIC FREE SCHOOL CLASSES OR CONSUMERS: STIPULATING WHEN RATES MAY TAKE EFFECT: REQUIRING ACCEPTANCE BY LONE STAR GAS COMPANY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Lone Star Gas Company filed an application on August 31, 1985, for increased residential, commercial and public free school gas rates; and WHEREAS, the proposed rate increase was suspended for a period of 90 days by the Board of Commissioners of the City of University Park, Texas, in accordance with the provisions of the Texas Utility Regulatory Act; and WHEREAS, the Board of Commissioners has determined that increased rates should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the schedule of rates heretofore approved and adopted by previous ordinances are hereby repealed and that the schedule of rates attached hereto as Exhibit A and incorporated by reference herein and made a part hereof as though fully written word for word, for residen- tial, commercial and public free school rates, be and are hereby adopted and approved. SECTION II THAT, the gas cost adjustment calculation provision for residen- tial, commercial and public free school customers set forth in Dallas Ordinance No. 18984 are adopted and approved and made a part hereof as though fully written word for word. SECTION III Effective Date of Rates - That the Schedule of Rates attached hereto as Exhibit A shall become applicable for billing for natural gas service furnished after the next regular meter reading date from and after the filing of an acceptance of this Ordinance by the Lone Star Gas Company as hereinafter provided. SECTION IV Conflicting Ordinances Repealed - Ordinance of the City of Uni- versity Park pertaining to the sale of natural gas within the City of University Park by Lone Star Gas Company which are specifically in conflict herewith are hereby repealed to the extent of such con- flict only. But in all other requests such ordinances are confirmed and shall continue in full force and effect. SECTION V Acceptance Required - That the passage of this Ordinance shall constitute final action by the regulatory authority as that term is used in Section 43 of the Texas Public Utility Regulatory Act, Article 1446c, V.A.C.S., provided, however, that Lone Star Gas Company shall file within ten days from the passage of this Ordinance an unqualified acceptance of the terms and provisions of this Rate Ordinance and that refusal of the Company to promptly accept the terms hereof within the specified time or any attempted acceptance under protest or with quali- fications shall render this Ordinance void which action shall be deemed a final denial of the rate request heretofore filed and the rates pres- ently in effect shall remain without change. SECTION VI This Ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 6th day of January, 1986. MAYOR ' EXHIBIT A ATTACHMENT OF ORDINANCE NO. 86/1 CITY OF UNIVERSITY PARK, TEXAS LONE STAR GAS COMPANY TARRIFS & SCHEDULES A. RESIDENTIAL AND COMMERCIAL RATES The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential Net Gross Customer Charge Ail Consumption @ $5.00 $4.8096 Per Mcf $5.10 $4.9078 Per Mcf If the service period is less than 28 days in a month, the customer charge is $0.1786 (net) and $0.1821 (gross) times the number of days of service. Commercial Net Gross Customer Charge Ail Consumption @ $9.00 $4.8096 Per Mcf $9.18 $J.9078 Per Mcf If the service period is less than 28 days in a month, the customer charge is $0.3214 (net) and $0.3279 (gross) times the number of days of service. B. PROMPT PAYMENT DISCOUNT The difference between the gross and net rates is a discount for payment within 15 days from the date of the monthly billing. C. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.0327 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. The city gate rate estimated ,%Q,,.be~ applicable to volumes purchased during th~"~urrent ~lehdar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re"). (c) The base city gate rate of $4.0200 per Mcf. (2) Correction of the estimated adjustment determined by Item C (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "D") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item C (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item C (1) and Item C (2) above shall be multiplied by a tax factor of 1.06319 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item C (1), Item C (2) and Item C (3) as follows: GCA = [Item C (1) + Item C (2)] X Item C (3) GCA = [(1.0327) (Re = $4.0200) + D] X 1.06319 D. TAX ADJUSTMENT The tax adjustment shall be an amount equivalent to the proportionate part of any new tax~ or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1985, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. E. SCHEDULE OF SERVICE CHARGES (1) Reconnect Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge 8 A.M. to 5 P.M. Monday through Friday 5 P.M. to 8 A.M. Monday through Friday Saturdays, Sundays and Holidays $25.00 $40.00 $40.00 As a reconnect charge for such reconnection or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions. (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Return Check Charges A return check handling charge of $7.50 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. (3) Collection Charge A charge of $7.00 shall be made when it is necessary to send a company employee to a customer's premises to collect amounts owed for gas service. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip for the same amount owed. F. SCHEDULE OF INDUSTRIAL RATES - MD The following monthly base rates are Company's standard Industrial Rates-N applicable to sales to industrial customers served under Standard sales contracts. Ge RATE 1 First 125 Mcf or less Ail over 125 Mcf @ $202.50 1.58 per Mcf RATE 2 First Ail over 600 Mcf or less 600 Mcf $906.00 1.435 per Mcf RATE 3 First All over 1,250 Mcf or less 1,250 Mcf $1,750.00 1.375 per Mcf Measurement and Billing: The gas shall be measured at a single meter location and shall not be combined with gas measured through any other meter location for the purpose of billing under this schedule. Amounts billed shall be due and payable within fifteen (15) days from monthly billing date. In the event payment is not within fifteen (15) days of monthly billing date, a penalty of five (5) percent shall be added to net amount billed. The first step of each rate shall be applicable when the service period for which bill is rendered is for 16 days or more. Whenever the initial service period is for 15 days or less during a billing period, the Customer's consumption shall be carried forward and added to Customer's consumption during the next succeeding monthly service period for billing purposes. SCHEDULE OF PUBLIC FREE SCHOOL RATE The following monthly base rate is Company's standard Public Free School Rate - N. PUBLIC FREE SCHOOL RATE First 150 Mcf @ $ 1.61 per Mcf Ail over 150 Mcf @ $ 1.56 per Mcf Minimum Monthly Bill $10.00 per Meter Installation Measurement and Billing: AmOunts billed shall be due and payable within fifteen (15) days from monthly billing date. In the event payment is not made within fifteen (15) days of monthly billing date, a five (5) percent penalty shall be added to the net amount billed. When any single school district or city or town has school buildings at more than one location therein, the Company will combine the volume of gas delivered to it for the aforesaid uses for the purpose of monthly billing at this rate. The following adjustments apply to both the Industrial and the Public Free School Rates. Adjustment for Heat Content: The schedules of rates in items F and G are based upon the delivery of gas having an average total heat value of 1,000 British thermal units (Btu) per cubic foot. Should the average total heating value of gas delivered in any monthly period be more or less than 1,000 Btu per cubic foot, the measured volume for such period shall be increased or decreased respectively, in the percentage by which the average heating value of such gas is greater or less than 1,000 Btu per cubic foot. The monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds per square inch and at a temperature of 60 degrees Fahrenheit shall be determined at Company's expense by the use of standard methods and procedures. Je Adjustment for Gas Cost: The amount billed for industrial deliveries under the rate schedules provided herein shall be increased or decreased by 100% of the difference between the weighted average cost of gas purchased and $1.00 per Mcf, multiplied by the metered consumption. For the purpose of calculating the gas cost adjustment for the current month, weighted average cost of gas shall be the weighted average cost of gas during the month preceding the current month and shall be the lesser of the weighted average price of gas purchased by Company from all sources, including affiliates or the weighted average price of gas purchased by Company from nonaffiliated suppliers. In applying the gas cost adjustment clause, the adjustment shall be computed to the nearest one-hundredth of one cent. Calculation of the weighted average cost of gas shall be in accordance with applicable city ordinances. Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement of a disputed claim) or by a determination of a regulatory body or court to make additional payments with respect to gas previously purchased by Company. In such case, appropriate adjustments to compensate therefore shall be made in the price payable for gas hereunder as soon as practicable after the time of such payment so that Customer shall bear a proportionate part of any such payment which has not been previously included in the weighted average cost of gas purchased as defined above. Adjustment for Taxes, Licenses, Fees, Charges, and Rentals: Customer shall pay Company an amount equivalent to a proportionate part of all taxes or rentals which now are or which may be levied, charged or imposed by any governmental body under authority of any law, ordinance or contract for the use of the public streets, alleys and thoroughfares in the conduct of Company's business, or because of Company's occupation; and Customer shall pay Company an amount equivalent to a proportionate part of any new tax or increased tax or any other governmental imposition, rental, fee- or charge levied or charged after July 1, 1976, (except state, county, city, and special district ad valorem taxes, taxes on net income and any production or similar tax included in the weighted average cost of gas as provided in the gas cost adjustment clause). The Dallas Distribution System shall receive credit for one-half of the revenue received by Lone Star for transportation of gas to industrial customers within the system when that gas is not sold pursuant to this ordinance. Likewise, the Dallas Distribution System shall receive credit amounting to 22 1/2 percent of the revenue related to gas transported but not sold to electric generation customers. The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for residential customers shall be the lesser of: (a) the systemwide .average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2.94. The Company shall file the calculation of such charge with the city as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. ORDINANCE NO. 86/2 AN AMENDMENT TO CHAPTER 10, SECTION 14: STOP SIGNS; ALLOWING FOR THE DESIGNATION OF INTERSECTIONS AS YIELD INTERSECTIONS; AND THE ERECTION OF YIELD SIGNS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 10, Section 14, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: SECTION 14: STOP AND YIELD INTERSECTIONS The board of commissioners may designate any street intersection as a stop intersection and designate the streets upon which vehicles shall stop before entering such intersections. In addition, the board of commissioners may designate that traffic on any street shall yield to traffic on an intersecting street. Whenever any intersection has been so designated, the chief of police shall supervise the erection and maintenance of stop signs or yield signs as specified by the board of commissioners. PASSED AND APPROVED this 6th day of January, 1986. ATTEST: ~! ,~ CITY MAN~G~.R-C~.ER~ / ORDINANCE NO. 86/3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PRO- VIDING FOR YIELD RIGHT-OF-WAY SIGNS ON CARUTH BOULEVARD AS IT INTERSECTS GREENBRIER DRIVE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 14, of the Code of Ordinances of the City of University Park, Texas, the following action is taken: (1) That, all traffic approaching from eastbound Caruth Boulevard shall yield prior to entering Greenbrier Drive. (2) That, the Chief of Police shall see that proper yield signs are erected at the above intersection. (3) That, all drivers shall yield the right-of-way according to the definitions of the Texas Motor Vehicle Laws. SECTION II THAT, Chapter 1, Section 5, General Penalty for Violations and Chapter 1, Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 6th day of January, 1986. ....... ~ MAYOR ATTEST: CITY ~ANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 56) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMITS FOR INSTALLATION OF PLUMBING IN ACCESSORY BUILD- INGS LOCATED AT 3015 SOUTHWESTERN BOULEVARD, AND AT 4024 HANOVER STREET, AND PROVIDING A PENALTY. WHEREAS, Mike C. McWilliams, owner of 3015 Southwestern Blvd., Lot 14, Block 7, Caruth Hills Addition, requested a specific use permit to add a service sink on the ground floor and stub out plumbing on the second floor of the accessory building for future use; and WHEREAS, Dan R./Greer T. Garner, owners of 4024 Hanover Street, Lot 16, Block E, University Highlands Addition, requested a specific use permit to install plumbing facilities in a one-story accessory structure for a cabana. WHEREAS, the Planning and Zoning Commission held hearings on the applications on October 15 and December 10, 1985, respectively, and recommended to the Board of Commissioners that the specific use permits be granted under certain conditions; and WHEREAS, a public hearing on the two applications was held by the Board of Commissioners on January 6, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: Ae THAT a specific use permit is approved for Lot 14, Block 7, Caruth Hills Addition, known as 3015 Southwestern Blvd., for installation of a service sink on the ground floor and stub out plumbing on the second floor of the accessory building for future use. CONDITION: That the property owner, Mike C. McWilliams sign the "covenant running with the land" THAT a specific use permit is approved for Lot 16, Block E, University Highlands Addition, known as 4024 Hanover Street, for installation of plumbing in the one-story accessory structure for a cabana. CONDITION: That the property owner, Dan R./Greer T. Garner (1) sign the "covenant running with the land", and (2) water heater, air conditioning and heating will not be installed in or supplied to the accessory structure without subsequent approval by the City. SECTION II THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER S-13 TYPE OF USE Installation of service sink on the ground floor a~md stub out plumbing on the second floor of the accessory building for future use. 3015 Southwestern Boulevard. S-14 Installation of plumbing in the accessory structure for a cabana. 4024 Hanover Street. SECTION III THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 6th day of January, 1986. ATTEST: CITY ~AG~R-CLERK? MAYOR ORDINANCE NO. 86/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A STOP INTER- SECTION AT SOUTHWESTERN BOULEVARD AND TULANE BOULEVARD AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 14, of the Code of Ordinances of the City of University Park, Texas, the following action is taken: (1) That, all traffic approaching from the east or west on Southwestern Boulevard shall stop prior to entering the intersection of Southwestern Boulevard and Tulane Boulevard. SECTION II THAT, Chapter 1, Section 5, General Penalty for Violations and Chapter 1, Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 22nd day of January, 1986. ORDINANCE NO. 86/5 AMENDING CHAPTER 8, SECTION 5(D) AND (E) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 5 (D) and (E) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: D. The department of public works shall be divided into two sub-departments: administrative engineering and operations management, bOth 6f'~'hieh shall be under the direction of the director of pUb!iO Works. The director of public works shall also retain the duties as prescribed in Chapter 8, Section 4 for the city engineer. The administrative engineer shall be in charge and responsible for the divisions of building, traffic control, sanitation and contract services of public works. The operations manager shall be in charge and responsible for the following divisions: garage, streets, utilities, and facilities. Any division in either administrative engineering or operations management may be supervised by one (1) person or may be combined with others and supervised by one (1) person. Such supervisors shall be appointed by the city manager-clerk or his designate. The finance department shall have the following divisions: purchasing, computer, accounting, treasury, tax, warehouse and court. Ail of these may be supervised by one (1) person or any division may be combined with others and directed by one (1) person. Such supervisors shall be appointed by the city manager-clerk, or his designate. SECTION II THAT, Chapter 1, Section 5, General Penalty; and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of February, 1986. ORDINANCE NO. 86/6 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 6, SECTION 1.I. (1) (2), COMMERCIAL COLLECTION FEES; CHAPTER 11, SECTION 3.C., WATER SERVICE CHARGES; AND CHAPTER 11, SECTION 4.A(1), SEWER SERVICE CHARGE, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 6, Section 1.I. (1) (2) of the Ordinances is hereby amended to read as follows: Code of I. COMMERCIAL COLLECTION FEES (1) The city shall for its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge a minimum of seven dollars and fifty cents ($7.50) for once a month service and ten dollars and fifty cents ($10.50) for twice (2) a week service. However, where containers have been placed at establishments, all charges shall be based on studies made by the sanitation department in regard to volume, time necessary for collection and days per week of collection, except that the sanitation department shall use the following schedule for three (3) cubic yard containers as a guideline in such estimation. Collections 1 2 Per Week Container Containers 3 or more Containers 2 $ 36.75 $ 57.75 $ 68.25 3 48.30 73.50 92.40 4 59.85 89.25 117.60 5 73.50 107.10 141.75 6 87.15 131.25 159.60 Nothing in this schedule shall prevent the superintendent of sanitation from calculating rates which are lower or exceed the schedule as long as time, volume, and number of pick ups are the basis for such calculation. (2) The rates set out in this section charged and assessed against the owner, occupant, tenant or lessee of such premises shall be shown in rate schedules prepared by the sanitation department and approved by the director of public works. Such rates may be appealed to the city manager and subsequently the board of commissioners. Hereafter, such rate schedule shall be re-evaluated at least once each fiscal year. SECTION II THAT, Chapter 11, Section 3.C. of the Code of Ordinances is hereby amended to read as follows: Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. Ail single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 3,000 gallons per meter. SECTION III THAT, Chapter 11, Section 4.A. (1) (a) of the Code Ordinances is hreeby amended to read as follows: of (a) Ail sewer charges are based on the use of water passing through the water meter or meters. Ail single family units, having more than one meter, shall have the usage of the meters added together for the purposes of this section; however, if separate bills are rendered for a lawn sprinkler, such consumption shall not be considered for sewer charges. SECTION IV THAT, Chapter I, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of February, 1986. MAYOR -ATTEST: ,1 ~~ (~ ~/~i~ ~-~ /~ CITY ~AGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 57) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PAP~ TEXAS, BY PROVIDING SPECIFIC USE PER- MITS FOR INSTALLATION OF PLUMBING AND KITCHEN FACILITIES IN THE ACCESSORY STRUCTURE LOCATED AT 3330 SOUTHWESTERN BLVD., A~[D iNSTALLATION OF PLUMBING FACILITIES IN THE EXISTING ACCESSORY STRUCTURE AT 3128 STANFORD STREET, AND PROVIDING A PENALTY. WHEREASf Mr. & Mrs. Phi!iD E. Coldwell, owners of 3330 Southwestern Blvd., Lot 2, Block 13, University Hts. #2 Addition, requested a specific use permit to install kitchen and plumbing facilities in a new one story accessory structure for future use; and WHEREAS, Kristine & James Ellis, owners of 3128 Stanford Street, West 10' of Lot 17, East 50' of Lot 18, Block 15, Caruth Hills Addition, requested a specific use permit to install plumbing fac~.iities in an existing one story accessory structure for a gameroom. WHEREAS, the Planning and Zoning Commission held hearings on the applications on January 14, 1986, and recommended to the Board of Commissioners that the specific use permits be granted under certain conditions; and WHEREAS, a public heari~,a..~_, on the two applications was held by the Board of Commissioners on February 6, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: THAT a specific use permit is approved for Lot 2, Block 13, University Hts. #2 Addition, known as 3330 Southwestern Blvd., for installation of kitchen and plumbing facilities in a new one-story accessory structure that will be guest quarters or living quarters for future use of the family. CONDITION: That the property owners, Mr. & Mrs. Philip E. Coldwell sign the "covenant running with the land." THAT a specific use permit is approved for the West 10' of Lot 17, East 50' of Lot 18, Block 15, Caruth Hills Addition, known as 3128 Stanford Street, for installation of plumbing facilities in the existing detached one-story accessory structure for a gameroom. CONDITION: That the property owners, Kristine & James Ellis sign the "covenant running with the land." SECTION II THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER TYPE OF USE S-15 Installation of kitchen and plumbing facilities in a new one-story accessory structure for guest quarters or living ~qUa~te~s for future use ~f f~mily member, at 3330 Southwestern Blvd. S-16 Installation of plumbing facilities in an existing accessory structure for a gameroom, at 3128 Stanford Street. SECTION III THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 6th day of February, 1986. CITY MANAGER - CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 58) ~%~ENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PAPK, TEXAS, BY PROVIDING SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING FACILITIES IN THE ACCESSORY STRUCTURE LOCATED AT 3536 HAYNIE AVENUE, AND INSTALLATION OF PLUMBING FACILITIES IN THE ACCESSORY STRUCTURE AT 3248 SOUTHWESTERN BOULEVARD. WHEREAS, James and Carolyn Walley, owners of 3536 Haynie Avenue, Lot 4, Block 4, University Park Addition, requested a specific use permit to install lavatory, tub, commode and water heater on second floor, plumbing for mop sink for future use on the first floor of a new two-story accessory structure, and WHEREAS, Jim and Cheri Francis, owners of 3248 Southwestern Boulevard, Lot 8, Block 13, University Heights #2 Addition, requested a specific use permit to install plumbing facilities in a new two- story accessory structure, and WHEREAS, the Planning and Zoning Commission held hearings on the applications on February 11, 1986, and recommended to the Board of Commissioners that the specific use permits be granted under certain conditions, and WHEREAS, a public hearing on the two applications was held by the Board of Commissioners on March 19, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: Ao THAT a specific use permit is approved for Lot 4, Block 4, University Park Addition, known as 3536 Haynie Avenue, for installation of tub, lavatory, commode, water heater and plumbing for a mop sink for future use in a new two-story accessory structure. CONDITION: That James and Carolyn Walley (1) sign the "covenant running with the land," (2) mini-kitchen con- sisting of sink, range, refrigerator with ice maker and bar sink not be installed in the new two-story accessory structure. THAT a specific use permit is approved for Lot 8, Block 13, University Heights #2 Addition, known as 3248 Southwestern Boulevard, for installation of plumbing facilities in a new two-story accessory structure for guest room/workout room. CONDITION: That the property owners Jim and Cheri Francis sign the "covenant running with the land." SECTION II THAT, the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER S-17 S-18 TYPE OF USE Installation of tub, lavatory, commode and water heater on the second floor and plumbing for a mop sink for future use on the ground floor. 3536 Haynie Avenue. Installation of water heater on ground floor and commode, bath tub, lavatory and bar sink on the second floor for guest room, workout room. 3248 Southwestern Boulevard. SECTION III THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 19th day of March, 1986. CITY MANAGER-CL~.RK/ ORDINANCE NO. 86/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR-WAY STOP INTERSECTION AT DUBLIN STREET AND DANIEL AVENUE AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 14, Code of Ordinances of the City of University Park, Texas, the following action is taken: That all of the traffic approaching from north or south on Dublin Street shall stop prior to entering the intersection of Daniel Avenue and Dublin Street. (2) That all traffic approaching from east or west on Daniel Avenue shall stop prior to entering the intersection of Dublin Street and Daniel Avenue. (3) That Dublin Street and Daniel Avenue shall be designated a four-way stop intersection and all regulations as described for such intersections by Chapter 10, Section 14 of the Code of Ordinances shall apply, and, that, the chief of police shall see that all necessary signs are erected. SECTION II Chapter 1, Section 5, General Penalty Provisions, and Section 6, Severability of Parts of the Code of Ordinances, shall apply. PASSED AND APPROVED this 10th day of April, 1986. ATTEST: CITY MAYOR ORDINANCE NO. 86/8 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 1, SECTION 19.I. -SWIMMING POOL FEES, SUB- SECTIONS (3) (a) (i) (iii) (iv), (3) (c), AND (6), OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, (3) (a) (i) (iii) (iv), and (3) (c) follows: Section 19.I, Subsections are hereby amended to read as ( 3 ) PERMITS (a) Fees (i) Ail qualified residents of University Park or nonresident owners of property, six (6) years of age or older upon making application, in person or his authorized representative, to the office of the business manager of the utility department, may secure annual permits (tags) to swim in the pools. The charge for these permits shall be twenty ($20.00) dollars per person, except those designated in (2) (c) and (e) above, shall pay forty ($40.00) dollars. If an immediate family of five (5) or more, purchases more than four (4) tags at one time, all tags in excess of four (4) shall be sold at ten ($10.00) dollars each. (iii) A qualified resident of University Park may secure permission for bona fide guests to use pools by paying attendants of the gate a cash fee of three dollars fifty cents ($3.50) for each guest each time each guest uses the pool. (iv) A qualified resident or owner of property in University Park not owning an annual permit (tag) may use the swimming pool upon paying a charge of three dollars fifty cents ($3.50) per person for each time the pool is used. (c) Lost Taq If the tag is lost, a duplicate may be secured from the water office for three dollars fifty cents ($3.50) . SECTION II THAT, Chapter I, Section 19.I(6) is hereby amended to read as follows: (6) Pool Hours The opening and closing dates of the swimming pools as well as the hours of opening shall be established each year by motion of the board of commissioners or the city manager-clerk's designate. The swimming pools shall be open seven days a week. SECTION III THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 10th day of April, 1986. ATTEsT: CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 59) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING A SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING AND KITCHEN FACILI- TIES IN THE ACCESSORY BUILDING LOCATED AT 3925 DRUID LANE, AND PROVIDING A PENALTY. WHEREAS, Michael A. Myers, owner of 3925 Druid Lane, Lot 1, Block 13, Troth University Park Estates Addition, requested a Specific Use Permit to install kitchen sink, cooktop, dishwasher, ice machine, lavatory, water closet and shower in a new one story accessory structure (pool cabana). WHEREAS, on March 11, 1986, the Planning and Zoning Commission of the City of University Park held a public hearing and recommended to the Board of Commissioners that the Specific Use Permit be granted under certain conditions; and WHEREAS, a public hearing on the application was held by the Board of Commissioners on March 19, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: THAT, a Specific Use Permit be approved for Lot 1, Block 13, Troth University Park Estates Addition, known as 3925 Druid Lane, for installation of kitchen sink, cooktop, dishwasher, ice machine, lavatory, water closet and shower in a new one story accessory structure. SECTION II THAT, the Specific Use Permit be granted with the following conditions: That the property owner sign the "Covenant Running with the Land", and That this structure shall never be used for storage of automobiles. SECTION III THAT, the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER TYPE OF USE S-19 Installation of kitchen sink, cooktop, ice machine, dishwasher, lavatory, water closet and shower at 3925 Druid Lane. SECTION IV THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended Ordinance. PASSED AND APPROVED this 21st day of April, 1986. ~ayor ~ / CITY MANGER- CLERK~. / / / ORDINANCE NO. 86/9 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING CHAPTER 1, SECTION 21 (A), (B) & (C) OF THE CODE OR ORDINANCES, CREATING A MUNICIPAL COURT, APPOINTMENT OF A MUNICIPAL JUDGE AND QUALIFICATIONS OF THE JUDGE OR JUDGES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 21 (A), (B) & (C), of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: SECTION 21: MUNICIPAL COURT A. CREATED There is hereby created and established in and for the city, a municipal court to be known as the "Municipal Court of the City of University Park, Texas", which court shall have and exercise such jurisdiction within the territorial limits as conferred by Government Code Judicial Branch, Chapter 29, Municipal Courts, Texas Codes. B. APPOINTMENT, TERM AND COMPENSATION OF JUDGE The office of judge of the municipal court shall be appointive. The judge shall be appointed by the board of commissioners for a term of two (2) years, such term coterminous with terms of the board of commissioners. Such judge shall hold office for the term appointed and until his successor has been appointed and qualified as specified in Government Code Judicial Branch, Sections 29.004 and 29.005, Municipal Courts, Texas Codes. The compensation of the judge of the municipal court shall be set by the board of commissioners each year when the official budget of the city is adopted. C. QUALIFICATIONS OF JUDGE The qualifications of the judge of the municipal court shall be those as enumerated in Government Code Judicial Branch, Section 29.008, Municipal Courts, Texas Codes. In addition, the judge shall be a qualified elector of the City of University Park. (Provision for inclusion ordinance adopting code). of Section 21.A-C provided for in apply. THAT, Chapter 1, SECTION II Section 6, Severabitity of Parts, shall PASSED AND APPROVED this 20th day of May, 1986. I ORDINANCE NO. 86/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 2.F. AND G. OF THE CODE OF ORDINANCES, IN ORDER TO INCREASE WATER RECONNECTION FEES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Sections 2. F. and G. are hereby amended to read as follows: ~ F. WHEN WATER IS CUT OFF FOR NONPAYMNET OF BILLS When water is cut off from any consumer or from any premises on account of nonpayment for water and sewer services furnished, the manager of the utility office shall not permit the water or sewer services to be furnished to said premises or consumer until the full amount delinquent, the ten percent (10%) penalty, and a collection or reconnection charge of twenty dollars ($20) is paid. Such amount shall be paid at the utility office if reconnected during normal office hours. G. EMERGENCY WATER cut OFF SERVICE Whenever any consumer, owner, or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his bill of ten dollars ($10) for each cut off. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6. Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of May, 1986. .ATTEST: , CITY ~NAGER-CLE~ / / ORDINANCE NO. 88/328 (AMENDMENT NO. 60) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMITS FOR INSTALLATION OF PLUMBING AND KITCHEN FACIL- ITIES IN THE ACCESSORY STRUCTURE LOCATED AT 3737 PURDUE STREET, AND INSTALLATION OF PLUMBING FACILITIES IN A NEW ACCESSORY STRUCTURE AT 4211 McFARLIN BOULEVARD, AND PROVIDING A PENALTY. WHEREAS, A. H. Drake, owner of 3737 Purdue Street, Lot 34, Block 1, University Heights #1 Addition, requested a specific use permit to install two (2) kitchen and two (2) plumbing facilities in an existing one story and a new one story addition to the north end of the existing accessory structure, to provide for full time help for his invalid daughter. WHEREAS, Wm. Jett& Dianna L. Roqers, owners of 4211 McFarlin BouIevard, E. 50' of Lot 9 and W. 30' of Lot 10, Block 16 of Stratford Manor Addition, requested a specific use permit to install plumbing facilities in a new one story accessory structure for guestroom and cabana. WHEREAS, the Planning and Zoning Commission held hearings on the applications on April 22, 1986, and recommended to the Board of Commissioners that the specific use permits be granted under certain conditions; and WHEREAS, a public hearing on the two applications was held by the Board of Commissioners on May 20, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas, is hereby amended and supplemented as follows: Ae THAT a specific use permit is approved for Lot 34, Block 1, University Heights #1 Addition, known as 3737 Purdue Street, for installation of two (2) kitchen and two (2) plumbing facilities in an existing and a new one story addition to the north side of the existing accessory structure for full time help for his invalid daughter. CONDITION: That the property owner, Mr. A. H. Drake sign~ the "covenant running with the land". THAT a specific use permit is approved for the E. 50' of Lot 9 & W. 30' of Lot 10, Block 16 of Stratford Manor Addition, known as 4211 McFarlin Boulevard, for installation of plumbing facilities in a new one story accessory structure for guestroom and cabana. CONDITION: That the property owners, Wm. Jett& Dianna L. Rogers sign the "covenant running with the land" SECTION II THAT the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBER S-20 S-21 TYPE OF USE Installation of (2) kitchens & (2) plumbing facilities in an existing addition on the north side of a one story accessory structure for two full time domestic help with an invalid daughter, at 3737 Purdue Street. Installation of plumbing facilities in a new one story accessory structure for guestroom and cabana, at 4211McFarlin Boulevard. SECTION III THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 20th day of May, 1986. A~T,~ ST: CITY ~N~GER- CLERK ORDINANCE NO. 86/11 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 10 TO THE "REVISED CODE OF ORDI- NANCES OF THE CITY OF UNIVERSITY PARK, 1981", AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981" has been revised by Supplement No. 10. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, Supplement No. 10 (general ordinances through April 10, 1986, and zoning ordinances through April 21, 1986) to the "Revised Code of Ordinances of the City of University Park, 1981" is hereby adopted. SECTION II THAT, for Supplement No. 10 to the Code of Ordinances the provisions of Chapter 1, Section 5 (General Penalty for Violations of the Code) and Section 6 (Severability of Parts); or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordinances, City of University Park, Texas, shall apply. PASSED AND APPROVED this 17th day of June, 1986. CITY ~AGER-CLE~ / ORDINANCE NO. 86/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 6, SECTION 1, SUBSECTIONS H.(1), (2) AND (3) AND SUBSECTIONS I.(1), (2) AND (3) OF THE CODE OF ORDINANCES, PROVIDING FOR A MINIMUM ON RESIDENTIAL AND COMMERCIAL GARBAGE COLLECTION FEES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 6, Section 1, Subsection H.(1), (2) and (3) and Subsections I.(1), (2) and (3) of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: H. RESIDENTIAL COLLECTION FEES (1) The City shall charge the following sums per month for its services in removing garbage and trash from residences, two-family houses, and apartment houses as follows: Single-Family Dwelling .......... $10.00 Two-Family Dwelling, per unit ... 10.00 Apartments, per unit ............ 10.00 Carry-Outs, each unit ........... 20.00 The sanitation department shall determine equitable charges for containers placed at residences, but in no event shall such charge be less than the minimum commercial charge of ten dollars ($10.00). (2) Brush Collection - Brush left in alleys and/or street parkways shall be securely tied in bundles not to exceed four feet in length or two feet in diameter and shall not weigh more than 40 pounds. There will be no extra charge for bundles of this type and they shall be picked up at the same time of normal garbage collection. Brush and tree limbs which are too bulky to be tied in bundles shall be stacked in the parkway to be picked up on an "on call" basis. An extra charge shall be assessed for this special service on the regular billing. The minimum fee for special pickup shall be $15.00 and shall not exceed $25.00 per truck load. Leaves in plastic bags shall be picked up on the regular route unless the number of bags is excessive. Excessive numbers of bags will be special pickup with an extra charge similar to brush pickup. (3) The city shall charge the following sums for the removal of appliances: Range, Refrigerator ........... Washer, Dryer, Window Conditioner, Water Heater, etc... $15.00 10.00 COMMERCIAL COLLECTION FEES (1) The city shall for its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge a minimum of ten dollars ($10.00) for once a week service and fourteen dollars ($14.00) for twice (2) a week service. However, where containers have been placed at establishments, all charges shall be based on studies made by the sanitation department in regard to volume, time necessary for collection and days per week of collection, except that the sanitation department shall use the following schedule as a guideline in such estimation. Collections 1 2 3 or more Per Week Container Containers Containers 2 48.90 76.80 90.80 3 64.25 97.75 122.90 4 79.60 118.70 156.40 5 97.75 142.45 188.55 6 115.90 174.60 212.30 Nothing in this schedule shall prevent the superintendent of sanitation from calculating rates which are lower or exceed the schedule as long as time, volume and number of pick ups are the basis for such calculation. (2) The rates, set out in this section, charged and assessed against the owner, occupant, tenant or lessee of such premises shall be shown in rate schedules prepared by the sanitation department and approved by the Director of Public Works. Such rates may be appealed to the City Manager and subsequently to the Board of Commissioners. Hereafter, such rate schedule shall be reevaluated at least once each fiscal year. (3) The fees 1986. effective date of these amended collection shall be the first billing after September 1, PASSED AND APPROVED this 19th day of August, 1986. ORDINANCE NO. 86/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 9, BY RE-NUMBERING SECTION 9 INTO TWO SUBSECTIONS A. AND B., NOTICE TO CITY PREREQUISITE TO SUIT FOR DAMAGES AND CITY OF UNIVERSITY PARK OFFICER AND EMPLOYEE LIABILITY PLAN. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 9, of the Code of Ordinances, City of University Park, Texas, is hereby amended to read as follows: SECTION 9. SUITS AND LIABILITY A. NOTICE TO CITY PREREQUISITE TO SUIT FOR DAMAGES Before the city shall be liable for damages for the death or personal injuries of any person, or for damages to or destruction of property of any kind, which does not constitute taking or damaging of property under Article 1, Section 17, Constitution of Texas, the person injured, if living, or his representatives, if dead, or the owner of the property damaged or destroyed, shall give the board of commissioners or the mayor notice in writing of such death, injury, damage, or destruction, duly verified by affidavit, within thirty (30) days after same has been sustained; stating specifically in such written notice when, where, and how the death, injury, damage, or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage, or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. The failure to so notify the board of commissioners or mayor within the time and manner specified herein shall exonerate, excuse, and exempt the city from any liability whatsoever. No act of any officer or employee of the city shall waive com- pliance or stop the city from requiring compliance, with the provisions of this section as to notice, but such provisions may be waived by resolution of the board of commissioners, made and passed before the expiration of the thirty (30) day period herein provided and evidenced by minutes of the board of commissioners. B. CITY OF UNIVERSITY PARK OFFICER AND EMPLOYEE LIABILITY PLAN (1) DEFINITIONS (a) CITY means the City of University Park, Texas. (b) CITY VEHICLE means a vehicle or mobile equipment either leased or owned by the city. (c) LOSS means an amount which a plan member is legally obligated to pay resulting from an act or omission of the plan member which is covered under this plan. (d) PLAN means the City of University Park Officer and Employee Liability Plan. (e) PLAN MEMBER means a person who is: 1. an employee of the city; a member of a city board, commission, or committee created by ordinance, or resolution of the city; 3. a member of the Board of Commissioners; or ( 2 ) C OVERAGE (3) a volunteer who has been approved in writing as a volunteer by the City Manager and who is working under the direction of an employee of the city. (4) (a) The city shall indemnify and defend a plan member, in accordance with the terms of this plan, against a loss arising out of any claim, suit, or judgment, or settlement thereof, resulting from an act or omission of the plan member during the discharge of his duties and within the scope of his office, employment, or assigned volunteer work with the city. (b) A plan member whose position with the city terminates is entitled to coverage in accordance with this plan for any event that occurred while the person was a plan member. DEFENSE (a) The city will defend any suit against a plan member who is covered under this plan even if the suit is groundless or fraudulent. (b) The city may investigate, negotiate, and settle any claim or suit as it determines necessary. LIMITS OF COVERAGE (a) The city will pay losses covered by this plan that a plan member is legally obligated to pay~ except, that in cases arising from incidents or occurrences where the city's liability exists by virtue of the Texas Tort Claims Act (Article 6252-19, Vernon's Texas Civil Statutes), whether or not the city is a party defendant, the city will pay those losses covered by this plan that a plan member is legally obligated to pay up to, but not exceeding the limits of liability provided by that Act, as amended, for units of local government. (b) In addition to the coverage paragraph (a) the city will pay: provided in (i) the city's expenses, including reasonable attorney's fees, in investigating and defending the claim or lawsuit; (ii) costs taxed against a plan member in a suit covered by this plan and interest that accrues prior to or after entry of judgment before the city has deposited payment with the court on that part of the judgment which does not exceed the limits of coverage; (iii) reasonable expenses of the plan member incurred at the city's request; and (iv) attorney's fees ordered by the court to be paid by the plan member. (5) NOTICE OF OCCURRENCE, CLAIM, OR SUIT; COOPERATION To be entitled to coverage under the plan, a plan member must: {a) (b) notify the city attorney as soon as practicable upon receipt of written notice of a claim or lawsuit, but no later than three working days after receipt; (c) cooperate with the city attorney and, upon the city attorney's request, assist in making settlements, in the conduct of suits, and in enforcing any right of contribution or indemnity against a person or organization who may be liable to the city because of injury or damage covered under the plan; (d) attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses; and not, except upon advice of the city attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or lawsuit; (e) not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to a claim or lawsuit without the consent of the city. (6) PLAN PERIOD This plan covers only acts or omissions occurring or alleged to have occurred: (a) while the plan is in effect; (b) before the plan was in effect and which are not barred by any statute of limitations; and (c) if the plan is cancelled, while the plan is in effect and which are not barred by any statute of limitations. (7) EXCLUSIONS (8) Coverage under this plan does not apply to a claim or lawsuit that is brought against a plan member: (a) by the city; (c) arising out of the intentional or knowing violation of a penal statute or ordinance committed by or with the knowledge or consent of the plan member, or any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud; (d) for liability assumed by the plan member under a contract, unless the contract is entered into at the request of the city; (e) if the plan member joins or attempts to join with the suit against the plan member a claim against the city for benefits under this plan; or (f) if the plan member fails to comply with Section 9(B)5 of this plan. SUBROGATION If payment or legal representation is provided under this plan, the city is subrogated to the plan member's rights of recovery against any person or organization (9) (lO) (11) to the ~.e'~* oc the citv's liability and payments, and the plan member must execute and deli?er, to' the city attorney whatever documents are necessary to secure those rights. The plan member must not do anything after a loss to prejudice those rights. LEGAL REPRESENTATION (a) The city will provide legal representation for a plan member in a claim or suit in which the plan member is covered under this plan. The Board of Commissioners shall determine whether the City Attorney or a private attorney shall represent the plan member. Any private attorney will be selected by the Board of Commissioners. DETERMINATION OF COVERAGE If the city denies coverage to a plan member, the plan member may seek a determination of coverage by a court of proper jurisdiction in Dallas County, Texas. If the court rules in favor of the plan member, the city shall provide the plan member all benefits under the plan and shall reimburse the plan member for reasonable attorney fees, expenses and costs incurred in obtaining the determination of coverage. NO CREATION OF CAUSE OF ACTION Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor as giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim agains a plan member. SECTION II THAT, Chapter 1, Section 6, Severability of Parts of the Code of Ordinances shall apply. PASSED AND APPROVED this 19th day of August, 1986. ATTEST: k J CITY ~/NAGER-CLERK / ORDINANCE NO. 77/328 (AMENDMENT NO. 61) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMITS FOR INSTALLATION OF PLUMBING FACILITIES IN THE ACCESSORY STRUCTURES LOCATED AT 3504 WENTWOOD ST., 3124 CARUTH BLVD., AND 4133-35 UNIVERSITY BLVD., AND PROVIDING A PENALTY. WHEREAS, Mr/Mrs. Ellis M. Skinner II, owners of 3504 Wentwood Street, Lot 13, Block 67, University Heights 96 Addition, requested a specific use permit to install 1-commode and l-lavatory in an existing one story accessory structure for cabana and two car garage. WHEREAS, David and Renee Winter, owners of 3124 Caruth Blvd., Lot 5, Block 36, Caruth Hills 93 Addition, requested a specific use permit to install plumbing facilities consisting of l-lavatory, 1-commode, 1-bathtub/shower, 1-bar sink and 1-water heater in a new two story accessory structure for guestroom and bath. WHEREAS, Dr. Jacob L. Kay, owner of 4133-35 University Blvd., Lot 5 and east 9.8' of Lot 4, Block 21, Stratford Manor Addition, requested a specific use permit to install 1-bar sink, 1-ice maker, 1-water heater, 1-jacuzzi, 1-shower, l-lavatory and 1-commode in a new two story accessory Structure for an exercise room, storage, utility area and three-car garage. WHEREAS, the Planning and Zoning Commission held hearings on the applications on June 24, 1986, and recommended to the Board of Commissioners that the specific use permits be granted under certain conditions; and WHEREAS, a pUblic hearing on the three applications was held by the Board of Commissioners on August 19, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the University Park, follows: comprehensive Zoning Ordinance of the City of Texas, is hereby amended and supplemented as ae THAT a specific use permit is approved for Lot 13, Block 67, University Heights ~6 Addition, known as 3504 Wentwood Street, for installation of plumbing facilities in an existing one story accessory structure for a cabana. CONDITION: That the property owners, Mr. and Mrs. Ellis M. Skinner II sign the "covenant running with the land." THAT a specific use permit is approved for Lot 5, Block 36, Caruth Hills ~3 Addition, known as 3124 Caruth Blvd. for installation of plumbing facilities in a new two-story accessory building for guestroom/servant quarters. CONDITION: That the property owners, David & Renee Winter sign the covenant running with the land." THAT a specific use permit is approved for all of Lot 5 and east 9.8' of Lot 4, Block 21, Stratford Manor Addition, known as 4133-35 University Boulevard, for installation of plumbing facilities on the landing between the first and second floors in a new two-story accessory structure to be recommended exercise activity. used for medically CONDITION: That the property owner, Dr. Jacob L. Kay sign the required "covenant running with the land." SECTION II THAT the appendix listing of specific amended by adding the following: use permits be S.U.P. NUMBER TYPE OF USE S-23 Installation of 1-commode and l-lavatory in an existing one story accessory structure for cabana, at 3504 Wentwood Street. S-24 Installation of l-lavatory, 1-commode, 1-bathtub/shower, 1-bar sink and 1-water heater in a new two-story accessory structure for guestroom and bath, at 3124 Caruth Boulevard. S-25 Installation of 1-bar sink, 1-ice maker, 1-water · heater, 1-jacuzzi, 1-shower, l-lavatory and 1-commode in a new two-story accessory structure for an exercise room, storage and utility area, at 4133-35 University Boulevard. SECTION III THAT Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 19th day of August, 1986. ATTEST / CITY M/~NAGER-CLERK / ORDINANCE NO. 77/328 (AMENDMENT NO. 62) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, TEMPORARILY AMENDING AND SUPPLEMENTING SECTION 8-400, PLANNED DEVELOPMENT DISTRICT, SUBSECTION PD-2-R (MIRACLE MILE) OF THE COMPREHENSIVE ZONING ORDINANCE, IN REGARD TO 4414 LOVERS LANE; AND PROVIDING A PENALTY. WHEREAS, on April 22, 1986, the Planning and Zoning Commission of the City of University Park held a public hearing on the application by Martha Brooks and denied that she be allowed to retain an existing aluminum storage building located at the rear of the property she leases at 4414 Lovers Lane (east 50' of Lot 2, Block B, Idlewild Addition); and WHEREAS, on August 19, 1986, the Board of Commissioners heard her appeal of the decision by the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I SECTION PD-2-R(d) Martha Brooks, 4414 Lovers Lane THAT the Comprehensive Zoning Ordinance of the City of University Park is hereby temporarily amended to permit the applicant to retain the existing 8' x 14' aluminum storage building located at the rear of the property known as the east 50 feet of Lot 2, Block B, Idlewild Addition, under the following conditions: (1) That this permit is granted only for the length of the present lease, which will expire on June of 1989; and (2) That the aluminum storage building be removed as soon as the present lease expires. SECTION II THAT this ordinance shall be listed as an Exhibit to the Zoning Ordinance, PD-2-R(d). SECTION III THAT Section 22, Ordinance shall apply. Penalty for Violations of the Zoning PASSED AND APPROVED this 19th day of August, 1986. ORDINANCE NO. 86/14 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1986 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1986, it is hereby levied on all property located within the City of University Park, Texas, on the first day of January 1986, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of thirty-six and thirty-three one hundreds cents ($.3633) on each and every one-hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.2952 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. $.0681 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1986 tax year, the Board of Commissioners authorized a general homestead exemption of thirty percent (30%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1986 levy. PASSED AND APPROVED this 16th day of September, 1986. ATTEST: MAYOR CITY MANAGER-CLERK ORDINANCE NO. 86/15 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager-Clerk as budget officer, under Chapter 8, Section 2.I of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1986, and ending September 30, 1987, under full compliance with budgetary requirements of Article 689, a-13, West's Texas Statutes and Codes. SECTION II THAT, the preliminary budget was filed in the office of the Assistant City Clerk on August 16, 1986, as required by law. SECTION III THAT, a notice of a public hearing for September 16, 1986 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of this budget of the City of University Park is marked and filed in the office of the Assistant City Clerk. PASSED AND APPROVED this 16th day of September, 1986. MAYOR ATTEST: CITY MANAGER-CLERK AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAP'I"OR 3, SECTION 1 OF 'THE'. CODE [)F ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADOPTING TIE UNIFORM BUILDING CODE, 1985 EDITION.~ AND THE UNIFORM BUII...DING CODE STANDARDS, 1985 EDITION; INCLUDING ADMENDMENTS TO SUCH CODE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS~ CITY OF:' UNIVERSITY PARK, TEXAS: THAT, Chapter 3~ Section 1 of the Code of Ordinances is hereby amended to read as follows: SECTION 1: BUILDING CODE A. UNIFORM BUILDING CODE ADOPTED The Uniform Buildirlg Code~ 1985 Ed:i. tion and the Uniform Building Code Standards~ 1985 Edition~ are herewith adopted by reference. Three copies of each are to remain on file in the City Manager/Secretary's offic:e. Unless deleted.; amended~ expanded, or otherwi se changed herein .; al 1 provi si ons of such code and standards shall be fully applicable and binding and in ~ull force and effect. Such adoption shal 1 also include chapters 1.~7~11~12~23~32~35~38~49~51~53~55~57~70 of the appendix of such code. Reference in this Chapter 3~ Sec:tion 1 to the Uniform Building Code shall mean the Uniform Building Code 1985 Edition. B. VARIANCES FROM 'THE BUII...DING CODE Any requirements considered necessary f or the sar ety strength~ or stability o~ any existing or proposed building or structure~ or '~or the safety or health o~ the occupants thereo~, which varies ~rom provisions o~ the Uniform Building Code~ or any amendments, specifically covered by the Uniform Building Code, or any amendments, specific, ations, or' revisions ther'eto~ shall be determined by the building o~icial subject to appeal to Board Commi ssi oners. C: AMENDMENTS TO BUILDING CODE The sections and provisions of the 1985 Uniform Building Code that are changed~ added, or deleted are as follows: (1) Section 104 Ce) of the Uniform Building Code is amended read as follows: to Secti~)n 104 <e) Buildings or structures moved within or moved out o~ the city shall comply with the provisions o~ Chapter .]'.~ Section t7 o~ the Code o~ Ordinances. Building to be moved into the city ~rom outside the city limits must be approved by the Board o~ Commissioner's. (2) Section 204 of the Uniform Building Code is amended to read as follows: Section ~..4 Appea].s to Board of Commissioners. in order to determine the suitability of alternate materials and setbacks of construction and to provide ~r reasonable interpertation o~ this Code~ the grieved party may appeal any decision to the B~ard of Commi ssi oners. (3) Section 301(a) :~.s amended to read as ~ollows: Section 30.1. Ca) Permits Required. It shall be unla~ful for any person, firm, or' corporation to erect~ construct, enlarge, alter, repair, move, improve, remove, convert or demolish any [')uilding or struct, ure regulated by this Code without ~irst obtaining a permit. (4) Section 301 (b) Numbers one (1) 't'.hrough 301(b) are hereby delet, ed. e ! e v e n ( 11 ) o-F (5) Sectior~ 303(d) is amended to read as ~:ollows: Section 303 (d) Expiration. Every permit issued by the building o~icial under the provisions o.F this code shall expire by limitation and become null and w~id i.~ the building or work authorized by such permit is not commenced whithin 60 days ~rom the date o~ such permit, or i.~ the building or work authorized by such permit is suspended or abandoned at any time a~ter the work commenced ~of a per:lod o.f 60 days. For residential construction~ all worl.:: commenced under a building permit shall be completed within twelve (12) months. Residential shall mean all group R occupancies,, All other construction 10,000 sq.~t,, or less shall be completed within twelve (:[2) months. Construction 10~001 sq.~t, and greater, multi-story, or cons'hruction wi'th basements shall be completed within twenty .flour (24) months. Be-~ore such work can be recommenc:ed,or any additional work done~ new permit shall be ~irst obtained so to do~ and the ~ee shall be one hal~ the amount required ~:or a new permit ~or such work, provided no changes have been made or will be made in the original plans and speci-~ic:ations ~or such work; and provided · further that such suspension or abandonment has not exceeded 60 days. In order to renew action on a permit a~ter expiration~ the permittee shall make a new application~ resubmit plans .~or review, and pay a new .~ull permit .f:ee~ Any permittee holding an unexpired permit may apply ~or an extension o'f: the time which he may commence work or complete work under that permit when he is unable to commence or complete work within the time required by this section ~or good and satisfactory reasons, the building o~icial may extend the time .for action or completion by the permittee ~or a period not exceeding 60 or 1S0 days respectively upon written request by the permittee showing the the circumstances beyond the control o~ the permittee have prevented action or completion o~ the work. No permit shall, be extended more than once.. (6) Section 304(d) Expiration o~ Plan Review. Shall be amended to replace the term "180 days" with the term "60 clays" in the entire subsection. (7) Table No.. 3-A~ Building Permits and Fees is to be deleted. (8) Section 308~ Building Permits and Fees, is hereby added as ~o]. 1 ows: (a) any person, persons, .~ir'm, association, contractor, company, corporation~ or any other entity desiring to make additions to and/or to erect, construc:t, repair, remodel, alter~ demolish~ convert, or otherwise change the character and/or con.ffiguration o.~ improvement or property theret, o shall obtain a 1.3ermit .f:o~ .... ~::l"lis e.f.ffort before work is undertaken. Further, it shall be the r esponsi bi 1 i ty o~ any person, i'.)er son s, ~ :i. rm, assoc i at i on, contractor ~ company ~ corporation ~ or other entity per.Forming these services other than the property owner or res:i, dent to obtain this permit except in those cases in which ~ in the understar~ding o'f the c:ity, the property owner is .Functioning as his own contractor~ In whic:h case~ the property owner shall obtain the per'mit~in any t. he event, it shall be the respc~nsib:i, lty o.F all agencies per.forming these set-vices to determine i~~ a permit has been obtained ~or the work under considerat:i, on be.Fore work is begun and said agency shall be held sole liable and responsible and not the property c~wner :i.~ ~ork is started without a permit. (1.3) Any person~ persons, ~irm~ association, contractor, company, corporation, or any other entity to whom a building perm:i.t is issued shall be.fore said 1.3ermit is issued~ make application to the .[]..ity o~ University Park ~:or such perm:i.t, make a sworn statement in writing on a ~orm provided .for the purpose, st'ating 2 the approximate t',otal market value o.~ the proposed building or improvement including all plumbing and electrical and other mechanical equipment~ devices~ and materials, the fee ~or" a building permit will be based on the building area for ne~ cor~str'uctic~n and on the valuation for additions,~ alterations~ and repairs as specified in the following table: Fee for new c:onstr'uction Type Building Area Building Resi dent i al 1000 or less 1()01 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 2250 2251 - 2500 2501 - 3000 3001 - 3500 3501 - 4000 4001 '- 4500 4501 or more 800.00 1000.00 1200.00 1400.00 1600.00 1800.00 2000.00 2400.00 2800.00 3200.00 3600.00 3600.00 + .80 per sq.ft, over 4500 sq.~t. Nonr esi dent i a 1 0 -.:~0'~'~" ~ 000 350000 - 1~000~000 1~000,000 or over 1% of value 5500.00 + .75% o~ value ('over $ 350~000.00 4875.00 + .5% o.F va],ue over ~.' i ~ 000 ~ 000.00 Fee for additions~ alterations~ arid repairs Type Bui 1 d i rig All 0 - 500 501 - 1()00 1001 '- 2500 2501 -' 5000 5000 oF" more $ 20. O0 30.00 40.00 50. O0 1% o.F value (c:) For fee calculation pur'poses~ the building area is the total floor area of all stories devoted to human occupancy~ including halls~ stairways~ elevators~ and other' uses~ measured to outside faces of exterior walls and includes: (i) Total ar'ea under' the roo~ and enclosed by walls (excluding garages,~ carports~ porches~ patios~ and other roo.~ed areas with omitted exterior walls. (ii) One-hal~ (1/2) of the garage~ carport~ porch,~ other roofed ar'eas with omitted exterior walls. patio, and T'he sum of the above ar'eas constitute the building area for permit evaluat:Lon and must be stated on the permit application. (d) During constr"uction projects covered by per'mit~ all sites shall have sanitation facilities located either in a building or' in the back yard; however~ portable toilets shall not be located in any required front or side yard set back. Also~ al 1 debr'i s ~ including concrete and br'icks,~ lumber'~ building mater'ials,~ paper'~ c:ups~ sacks~ shall be cleared each day by hauling off~ or conta'i, nerizing. Large pieces o~ lumber' or builcling material shall be stac:ked neatly where not obtrusive to the neighbors. All violat:i, ons as to the starting of cc)n.structiorl~ dur'atic)rl of constr'ucti on ~ littering~ or san:L tation requirements can be pr'osecuted by stoppage o~ all work on the building site and cancel I at. ion o~ the building permit and/or declaring the same as a nuisance~ or using the pr'ovision 309 (b) o~ this section~ either singly or as a group. If the cancellation o~ a per'mit is due to the sixty-day starting provision and if such starting .~ailure is due to circumstances beyond the control o'f the individual~ the building official may re.fund such permit fee as under Section 304 (7) Section 309 - Revised Valuatic~n oT Building Imprc~vement Upon Completion is hereby added to read as .follows: A~ter' any improvement ~or ~,~h:i. ch a building per'mit is required has been completed~ it shall be the duty o.f the owner a~ the property an which the improvements have been made~ or his duly authorized agent,, to make an a~idavit stating within .~ive per'cent (5%) o~ the actual cost o~ such impr'ovements~ and suc. h a~:.ficlavit shall be ~iled with the city; whereupon such building permit .fee will be recalculated by the building o.~.~icial in accor'dance with the schedule o~ .~ees set out in Sectior'~ 308 above~ and based up~n such actual cost as set out in such a,~idavit. I~ the amount o~: the permit fee paid at the time o.~ taking out the building per-mit :i.s less than the amount based upon the actual cost~ then such difference in such amounts must be paid to the city,~ be.fore a certificate o.f occupancy ~,,ill be issued to the owner" of such proper'ky. In the event the amount paid to the city upon taking out the building per'mit is ,routed to be (¥'-eater than the amount required as based upon such a,~idavit of actual cost~ then the city will refund to such owner the dif~er"ence. (8) Deposit Required ~or Removal o~: Construction Debris,, (a) Every applicant ~or- a building permit c)~ value in exc:ess o~ one thousand dollars (:~:1,~000) shall deposit with the city a minimum sum o~ one hundred dollars ($100) in cash. Any building permit o~ value between one thousand dollar's ($1~000) and .five thousand dollars ($5,~00()),~ the building o~ic:i, al can require a deposit ~rom one hundred dollars ($100) to ~ive hundred dollars ($500) ~ but all permits over ~ive thousand dc~llars ($5,~000) shall have a minimum deposit o~ ~ive hundred dollars ($500). The city shall have the right to r"emove any constr-uction debr"is or trash · ~rom the construction site or adjacent property i'~ such debris is the r"esult o'f constructic~n on the pet"mitred property,, Debris and · [rash shall include~ but not be limited to paper~ sand~ bricks~ dir't,~ ~ooc:t,~ mud of other material used in construction ~hic:l~'~ is n~t stacked ~r in a container' of which blocks any sidewalk or violates any adjacent property rights,, ATter" a one-day notice~ the city may hire a contractor to clean the site or do so with c::ity crews. The actual cost shall be deduc:ted .~rom the deposit until such deposit is exhausted. If replacement money is not immediately ~orthcom:i. ng from the permittee and if the deposit is not ~ully replenished to its original amount~ then the building 13ermit and work shall c:ease,, Any remaining portion c~.~ the deposit~ a.fter all ~inal inspections are complete~ shall be returned tc~ the applicant within fifteen (15) days i.f the site is clean o.f trash~ debris,~ and dirt on the site and adjacent propertie~. When the value o~ the permit exceeds .five thousand dollars ($5~000)~ the building o~ficial may request a higher deposit commensurate with any possible clean-up costs ~or such a constr-uction project ~ At the time o~: the issuance o~ a permit and the posting o~ the deposit~ the permittee shall sign a waiver' allowing the city to withdraw money ~rom the deposit .for violations enumer'ated above and al lowing the city ~ or its contractor ~ to go on the c:onstruction site -For clean-up. (b) Any dispute over 'the clean.-up costs~ if done by the city~ shall be settled by the Board o.~: Commissioners. (c) A ,Fence is requ:i, red around all residential new construction si t,e~,~ and around those resi denti al sites ~her"e major" remodel ing ~ in the opinion o.f the building o.f,ficial~ will take place. There shall be a temporary .fence around each individual construction site. The ~enced-in ar'ea shall include the .front yard ~r'om property line to property line; then on each adjoining property line the ~ence shall extend ~rom the ~ront to the rear property line. The erection o~ a ~:ence at the rear property line shall be ].e~t to the d:i. scretion o~ the building o~ic:ial. In any district where on the determination o~: the builcling o~icial a solid 'fence would insure the salty o~ the public:, a solid ~enc:e shall be required. The ~ront Yence shall have a double gate large enough ~or delivery o.f construction materials to the site,. The gates can swing either dir'ection~ however, when opened toward the street.~ the sidewalk shall not be blocl<ed. The double gate shall be locked when the daily activities are shut down. (9) Nonflame Retardant Materials Used .for Cosmetic Purposes On I y. Wood,~ wood produc:ts.~ or' other materials, not norma].ly classed as ~lame retardant or ~lame resistant, may be used ~or cosmetic or decorative purposes on the ~acade o~ structure in a GR, RC, SC, 0 or C District provided: (a) The material to be used does not, in the opinion of the building o~icial, constitute a fire hazard stemming from, but nt.~t limited to, such factors as low flash or ignition temperature characteristics of the material, toxic or noxious fumes that may be emitted by the mater:i, al when heated, or' other undesirable properties that would make it hazardous or inappropriate .for this appl ic:ation. (b) That the face o~ suc:h structure on which this material is to be a.ffixed is o.f solid masonry or brick construction with a two- hour minimum fire rating. (c) That all openings in such wall to be covered by such material will be sealed o~ or enclosed by bricl< or masonry prior to the application o~ such material. (d) That such material will not extend above the brick or masonry ~ace to which it is to be attac:hed. (e) That provisions will be incorporated to meet applicable ~ire or' electrical codes when used in cc~njunction or associated with such items as illuminated signs, lighting ~ixtures or other attachments that emit heat or present an unusual ~:i. re or shock hazard. (10) Fireplaces to be Repair'ed or Reconstructed when Permit Exceeds 25% o~ Value. It shall be required that as a condition ~:or the granting o'~: a per'mit to alter, add to, and/or repair an existing structure exceeding twenty-~ive percent (25%) o~ its value, as outlined in Section 3707 o~ the Uniform Building Code, that all wood burning ~ i repl aces be repai red or reconstructed, as requi red i n accordance with applicable codes or sealed o~ to prevent its use ~or this purpose. In addition, it shall, be requir'ed that all chimneys o~ such existing ~ireplaces and the chimneys o~ all new ~ireplaces shall not emit visible sparks and shall be capped with metal hardware cloth with grid opening not exceeding three- eighths inch (3/8") or other suitable material to prevent any sparks, glowing embers or other ~lame-producing emissions ~rom being discharged ~rom the chimney during its operation. Further, unsupported chimneys exceeding a height o~ ten (10) times the minimum dimension o~ the chimney above any str'ucture attachment point must be wind-braced to the major structure by two (2) or more steel stayrods~ one-hal~ inch (1/2 ") or' more in cross-. section, one (1) end of which to be anchored ~irmly in the chimney and the other attached by bolts to the pr'imary framework of the building. (11) General Residential Construction Requirements. Herea~ter,~ rio residence building or bu:Lldings to be used as a place o~ abode slnall be constructed in tine City o~ University F'arl..'.,~ Texas,~ unless the specifications ~or such building comply with tine ~ollowing: (a) All buildings herea.fter constructed .~or residential purposes shall con.~orm witln all tine requirements o~ the current zoning ordinar~ce o~ the City cfi University Park and shall be constructed on permanent ~oundations, (b) Alt residential structures hereina,fter constructed in all districtsv as two-~amilyv single ~amily attached,, or multi-.~amily dwelling o~ ~ive (5) units or less~ shall be constructed provide a two (2) hour nondestructible ~ire resistant wall separat:i, ng each occupancy group, Such walls shall contain no openings o.f any nature,~ shall be constructed in its entirety either brick, conc:rete~ masonry~ or other s:i. milar noncombustible material approved in advance by the City Engineer, and shall contain no attachments nor be used as a load bearing structure · for .~loor joists or roo~ ra~ter's, Tine c:onstruction o~ such walls shall meet the requirements Tables No. 43..-a~ 43..-b~ and 4.3-c o~ the Uni'form Building Code and shall extend ~rom the ~oundation to a point at least th:i. rty inches (30") above the roo~ in accordance with Section 505 (d) the Uni.~orm Building Code. In additiorl, in those c:orH:igurations o.F two--family arid multi .... · ~ami ly dwellings in which one (1) occupancy group's living quarters is above another~ then tlnere shall be installed a one and one-hal.F inch (t 1/2") light weight c(~ncrete ~loor,, In multi-.family units J.n excess o.f ~ive (5) ~ the buildir~g o.f~ic::i, al shal 1 det ermi ne the type o-~ protect i on necessary to ~ac:ilitate the same degree o'~ ~ire security and sound barrier as required by units o'f .~ive (5) or less, (c) Ali. residential buildings in the zoning d:i. stricts~ single- · ~amily art. ached dwellings (SF-A) ~ t~o ~:am:i. ty dwellings ~2F-1 and 2F-2) multiple-~ami ly dwellings (MF-1 ~ MF:'-2 ,~ and MF-3) shal 1 have a mi n i mum o.~ eighty percent (80%) masonry materi al on the exteri or wal 1 sur~aces,~ excluding windows~ doors,~ and other al3pertures, Accessc~ry buildings shall not be subject to such provision, The rocH:i ng mater i al ,~ including accessory buildings~ shall be (:)~ the ~lame retardant or .flame resistant type. Requests for variations ~r'om the above r'equirements may be taken to the Environmental Standards Committee as established by Resloutiorl No. 82-13,~ o~: the City of Un:i. versity Park. Ali. var i antes shat 1 be ~ i I ed wi tin the Envi r~nmental Sta~ndards Committee within ~i~teeln (:[5) days c:ff denial by the building department.. Said Environmental Standards Committee shall render approval or disapproval o~ sucln varialnce witl"~in thirty (30) days, Any decision o~ the Environmental Standards Committee may be appealed to the Board cfi Commissioners at their next re(;lularly scheduled meeting, (d) The City, acting by arid through its building inspector,~ shall n~:t lnerea,~ter issue a building permit ~or any residence building or' buildings to be used as a place cfi abode in the City o.~ University Park unless tine specifications ~or suc:ln building comply with tine speci.~:ication~.~ set out in paragraphs (a) thr'ough (d) above. (t2) Reclui rements for Repair or Replacement o.~ Det aclned Structures. (a) It shall be required that as a c::c)r~d:Ltic~n ~or the granting o~ a building permit to repair,~ remodel,~ enlarge~ alter~ renovate and/of repl ace a residenc:e or main building ~ and detached 6 structure sharing the same lot as the main building shall~ in like manner, be repaired or otherwise restored or replaced to conform with Section 2 o~ this Chapter, or with applicable building, mechanical and electrical codes,. Such requirements ~or the detached structure shall apply when~ in the opinion o~ the []ity, the detached structure is in a state of disrepair'~ represents a health or ~a~ety hazard, or is a discredit to the community~ or when the estimated or readjust, ed cost o.F said improvements to the residence or main building is in the amount o~ five thousand dollars ($5~000) or more or when such efforts inw~l ve or consist of structural al terati on .~ reconstructi on ~ addition~ enlargement and/or replacement of the main building. (b) In order to assure compliance with this provision, the build:Lng official shall make an inspection of the premise 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 o~ such e.~ort shall be brought to 't:he attentior~ o~ the property o~,ner~ or to his agent or contractor that the detached structure will be repaired or demolished w:i. th such work be:i. ng conducted simultaneously with the main building before the building permit shall be released and the ~orl.~: authorized. Final inspection and release o~ the work on the main building shall not be made until all requirements of this section for the detached structure are met. (1:3) Section 2905 (.~) of the Uniform Building Code is hereby amended to read as follows: Section 2905 (f) - Runoff Water (a) F'rovisions shall be made for the control and drainage of surface water around buildings. Runoff water ~rom rain and storms shall not be allowed to inundate or flood adjacent property providing if such flooding is the result of grading, drainage ditches~ retaining walls, or' other surface alterations that control or divert the natural flow of water. (b) Rain water shall not be conveyed.; received, or discharged upon property belonging to another or adjacent to such property. Where potential flooding of adjacent property exists from runof.~ water from an unguttered roo~ such roof shall be installed with proper guttering containing downspouts arranged in such a manner that the runoff water will not be discharged on the adjacent property. The runof~ water shall be conveyed to the street irs properly sized pipes connected to the downspouts. Where natural grade prohibits the proper fall to the street the building o.~ficial can give prior approval of discharge to the alley. (c) It shall be requ:Lred as a condition for' granting a building permit to bui .1. d, repair, remodel, englarge, or' replace a structure or' install additional features such as swimming pools, drives, patios, etc., which increase impermeable surface, that the following standards be met and complied with. Impervious areas of all lots shall be limited to tl~ose specified for the following zoning districts: values (i) LOT CATEGORY SF-1, SF-2, SF-3, SF-4 0-6000/SF ALLOWED IMPERMEABLE SURFACE 3,600 square feet 6,001-7,500/SF 60% 7,501-10~000/SF 52% or 4 ~ 500 square feet, whichever is greater. 10,001-12,000/SF 12,001-35~000/SF 4-8% or 5,200 square feet~ whic:hever greater. 40% or 5,760 square ~eet~ whichever is iS 7 ._",o ()00 / SF "~1:' -2 MF- 1 ( i i ) SF'""A, 2F- :1., ...... , , MF-2, MF-3 (iii) All others greater. ._',,.~.. or 14.,0C)0 square · ~:(.:.:..v,?t, wh:i. ch(..'.:..~ver :i.s greater 90 % (:tv) Options available ~or compl:i, ance include on-site retention, L~t i 1 i Z at. :i. c,n o'~ per.~or ated pavi l]g st, ol"~e or other premeabl e mat er i a i. (14) Ii~..;,~..-:~ L Table 5[; 1 t.o ~o].low Table 5C, See also Chaptor 5, Fire F'rotection for amendments to NO T E: '" the LJni~orm Bu:i. ld:i. ng [:ode. (15) L..:i. nes R.1 and R,,3 o.F Table No,. 5-D,; Maximum Height Buildinqjs~ are hereby deleted .From the Uniform Building Code, (16) Sect. ion 7002 (a) shall read as ¥otlows: All work requiering grading shall comply to this chapter,, Where demolision or removal [:~ any structure is done the lot will be properly graded so as to insure proper drainage o~ the entire 1 ot including proper level ing to insure the si te :i. s not objectionable to the neighbors or others. Delete Tables 70A and '70B o~: Appendix., II. THAT, Chapter i, Secti on 5 (F:'er~at ty .For V:i. ol at i on ) arid Se(:tion 6 (Sew~rability o.~: F'arts) o-~: the Code o~ Ordinances slnall a p p 1 y. / ORDINANCE NO. 86/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 11 OF THE C[]DE JIF ORDINANCE, CITY OF UNIVERSITY PARK, TEXAS, BY ADOPTING THE UNIFORM IdECHANICAL CODE, 1985 EDITION; AS THE GENERAL STANDARDS FOR MECHAIxlICAL INSTAI_I_ATION AND EQUIPMENT; AND PROVIDING A PENAL. ITY. BE IT ORDAINED BY THE BOARD OF COMMIS,.)IONER8 OF THE CITY UI/IIVERSITY PARK, TEXAS: OF THAT, Chapter 3, Section 1]. of the Code of Ordinances hereby amended to read as follows: is oECFION 11: MECNANICAL CODE A. ,,1,1.985 Uniform Mechanical E',ode Adopted The 1985 Uniform Mechanical Code is hereby adopted by reference and made part of this section as the general standards ~or mechanical construction~ repair, and equipment as is set ~orth her'ein~ except such provisions thereo~ as may be in c:on~lict with this Code of other ordinances of the city. A copy of the 1985 Uniform Mechanical Code, herein is on file in the offic:e of the city engineer for reference and inspection and the same is hereby adopted and made a part of this sec:tic)n to the same extent as if set out herein in full. B. Conformance Standards (1) All mechanical equipment installed or used in the city and all installations of mechanical equipment shall be reasonably sa~e to persons arid property and in conformity with the standards provided in the 1985 editions and ~uture revisions ~ the Uniform Mechanical Code~ and with the provisions o~ this section and applicable state statutes and rules and regulations issued by authority thereof. (2) Conformity o~ mechanical equipment with the applicable standards of the mechanical code~ shall be prima facie evidence that such equipment is reasonably sa~e to persons and property. Conformity o~ mechanical installations ~ith the applicable standards set forth in the 1985 Uniform Mec:hanical Code shall be prima ~acie evidence that such installations are reasonably sa~e to persons arid property. (3) On all installations o~ the mechanical equipment hereafter made and all existing installations which are altered~ all work shall be done in a manner that will conTorm with the requirements for the sufficient and sa~e mechanical system. Repair and maintenance ~ork shall be such that if any mechar~ical equipment are removed or later replaced~ they shall be replaced in a manner which conforms with this section.. Installations or work done in conformance with the mechanical code referred to above shall be c:onsidered as fully complying ~ith this section. C. Variances From The Mechanical Code Any requirements considered necessary for' the safety arid o.~ persons and property or' the occupants thereo~ which varies ~rom the provisions o~ the 1985 Uni~or'm Mechanical Code~ or any subsequent or ~uture editions to said code~ or any amendments, revisions~ standar'ds ~ or' specifications thereto~ shall be determined by the Building O~ficial subject to appeal to the Board of Commissioners. D. Amendments To The Mechanical Code The sec:tions o~~ the 1985 Uniform Mechanical amended, added, or deleted are as follows: Code that are ~(-.~ Section .~:.)..:, Board o¥ Appeals Delet. e this section., h e a 1 t h Section 304 Fees This section shall read as follows: (a) Fees shall be assessed in accordance with the fee schedule adopted by this jurisdiction. (b) Fee schedule the fees shall be paid to the City of University Park in the amount speci~ied in the following tables. (1) Fees for new cc~nstruction Type Building Area ~-] ~ ~.i L=~ p..~_U'.! !~:. Y~ .... ~.~ .U.L~ !'.". ~ .,.,. !![ !~ ~ :,~'.. _ Mechan i ca]. R e s i d e n t i a I 1000 or' less 1001 - 1250 ].251 - ].500 1501 - 1750 1751 .- 2000 2001 - :3500 3501 - 45()0 4501 or more Nonr esi dent i al '~'5'l -. 5 0 0 501 -- 100,~000 100v001 or mor'e (2) Fees ~o~'- additions~ alterations~ and repairs T y p e 10.00 20.00 20.00 + 0.02 / sq.~t. 500.00 + 0.015 / sq.ft. M e: c h a n i c a 1 .r..!:~ .r,..m...$.. ,t.._ ~ ~ ~ All ~: 0 - 500 501 -' 1500 1501 - 3000 3001 - 10000 10001 or more 1(). 00 :3% o~ valuation 15.00 + 2% o~ val 45.00 + 1% o'F val 95.00 +,5% o.F val (3) Fee Calculations For fee calculation purposes, the building area is the total floor area o.F all stories dew, ted to I~uman occupancy~ including halls,, stairways~ elevators,, and other uses measur'ed t:o outside · Faces of exterior walls and includes: (a) Total ar'ea under the roo.F arid enclosed by walls (excluding garages~ carpor'ts~ porcl~es~ patios,, and ott~er roofed areas with omitted exter:i.c~r' walls). (b) One hal.F (1/2) of the garages,~ car-port:~ porch,$ patio~ arid other roofed areas wit. h omitted exterior walls. The sum of the above ar'eas constitutes the building area for permit evaluation and must be stated on the permit application. "['ab i e ..:,-.A Delete this table. oec ion 512 I_:ightir~g A light shall be located near the controll:i, ng devic:es of equipment, with adequate lighting through the access passage. t. ogg.l.e switch shall be located adjacent to the ac:tess openirlg,, the The Section 1002 Materials (b) Factory-made A:[ r Ducts,, Factor'y-made air' ducts shal 1 con.Form to the requirements of UMC Standard No.10-1 for Class 0 ducts, Eac:h portion of a .Factory-made air' duct system shall be identified by the manufacture with a label or' other suitable identificat, ion indicating compliance with UM[.] Standard No. 10-1 and a Class 0 designation. These ducts shall be listed and shall be installed in acc:ordanc:e with the terms of their listing. Exception: []lass 1 or Class 2 ducts shall be used only with prior" approval from the Building Official,. Section Ioo4 Installation O.F Ducts The fir'st paragraph of subsect:i, on (b) shall rc..,ad as follows. (b) Factory-made Air Ducts,, Approved Class 0 factory-made air ducts may be installed in any occupancy covered by this code. Approved Class 1 or Class 2 air ducts may be installed~ only with prior approval by the Building Official and only in dwellings or a[)artment houses where the duct system serves not more than one dwelling unit. THAT~ Chap'ker 1~. Section 5 (Penalty ~or' Violations) arid Section 6 (Serverability o~ Parts) of the (]ode o.~ Ordinances shall apply. 3 ORDINANCE NO. 86/18 AN ORDINAN[]E OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SEC]"ION 12 OF THE CODE OF ORDtNANCES~ CITY OF UNIVERSITY PARK, TEXAS,~ BY ADOPTING THE UNIFORM PLUMBING CODE, t985 Et) ITION.; AS THE GENERAL STANDARDS FOR PLUMBING INSTALLATION AND EQUIPMENT; AND PROVIDING A PENALTY. BE; IT []RDAINED BY 'T'HE BOARD JIF' (]OMMI'SSIONERS JIF: THE CITY JIF: UNIVERSI'I"Y PARK, TEXAS: THAT, Chapter 3, Section 12 of the Code of Ordinances is hereby amended to read as follows: SECTION 12: PLUMBING (]ODE A. 1985 LJNIFORM PLUMBING CODE ADOF"I"ED The 1985 edition o~ the Uniform Plumbing Code and all the subsecluent and future editions, revi sions~ suppl ements~ or standards thereto, together with certain exceptions, deletions, or additic)ns to said code as her'ein ~ollows is her'e by referenc:e and made a part of this section as the .general standard ~or plumt)ing installation and equipment as in set ~orth herein~ except such provisions thereof as may be in conflict with this code or other ordinances of the City.. A copy of the 19S5 Uniform Plumbing Code~ re~erred to herein~ is on file in the o~ice o~ the City Engineer ~or the re~erence and inspection and the same is hereby adopted and made a part o~ this section to the same extent as if set out herein in ~ull. B. CONFORMANCE STANDARDS (1) All plumbing equipmerrh installec:! or used in the city and alt installations o~ plumbing equipment shall be reasonably safe to per'sor~s arid property arid shall be in conformity with the standards provided i t'] the 1985 Ui'] i f arm PI. L.Jmb ing Code and applicable state stautues al'icj any rules and i'-egLllatiorls issuE'd by authority thereaf, (2) Conformity of plumbirlg equ:Lpment with the 1985 L]nifc)rm I::*lumbing Code and ~uture and subsequent editions of said code., as herein set ~orth~ shall be prima ~ac:ie evidence that suc:h equipment is reasonably safe to persons and property. Conformity of plumbing installations with t. he applicable standards set for'th in the 1985 Uniform Plumbing Code an subsequent and future editions of said coc:le,~ as set forth herein.; shall be prima facie eviclence that such installat:Lons are reasonably safe t(:) persons and property. (3) ('.]lr'l all plumbing installations hereafter made and alt ex:Lsting instal].ations which are altered., all work shal]L be clane :i.n a manner that will cc~nform with the r'ecluirements -for a ~ufficient and safe plumbing system, Repair and maintenance work shall be such that~ :i.f any plumb:Lr~.g equ:i, pment is removed or later replaced~ they shall be replaced irt a manner which conforms witl'~ this sec:tion,, Installations or work done itl cor~fc)rmance wi. th the i985 Uniform F'lumbing Code and al:L subseqLter~'[ and future editions c)~ said c:c:)de~ as here:i.r~ nc)ted,~ shall be cor~sider"ed as ful]Ly complying wi'l::ln the requirement, s o~ this section. C. VARIANC;ES F:ROM PL..LJMBING CODE Any r'ecluirements considered nece~.~sar'y for the safety and health (3'f per"sons and prol:erty or to the occupants thereof~ which varies from the provis:i, ons of the 19S5 L~nifor"m P].umbirig Cc)de~ or any sutbsequer]t or future editions to said c:ode,~ or any amendments,~ revisions,~ standards,~ speci.f:ications,~ or revisions ther"eto~ shall be determined by the building official subject to appeal to the Board of Commissioners. D. AMENDMENTS TO PLUMBING CODE The sec:tions of the t985 Uniform Plumbing Cc)de amended, added, or deleted are as ~ollows: that are (1) Sec:tion 10. 1 This document shall be known as the University Park Plumbing Code, may be cited as such, and will be re~erred to herein as "this code". Section 10.4. (c) Moved or Demolished Buildings/Abandoned Services Sewer services whi ch ar'e a part o.~ bui 1 dings or structures which are demolished or which are moved within or out o.F the city or' sewer services which are abandoned or the use thereof discontinued shall be capped off as required in chapter 11 Section 6. n. All sewer lines ~of new constructiorl arid all relay~ replaced ~ or relocated sewer lines constituting or .involving ~i.~ty percent (50%) or more o~ the total yard line shall require a new sewer' tap as denoted in Chapter 11 Sections 6.k and 6.1. Water servic:es which ar'e part of buildings or' structures which are demolished or which are moved within or out o~ the city or water servi c:es ~hi ch are abandonecl or the use thereo~ discontinued shall be capped off and the meter returned to the c i ty shops. However ~ to provi de water set'vi ce ~ or' new construction, existing water services may be retained for the dur'ation of the construction pr-ovicling applic:atior~ is mac. le ~or such service prior to the use of such water as prescribed in Chapter 11 Section 2. a. Upon completion o~ such construction~ the water services ~or new and moved buildings or structures shall require a new meter and a new tap. (3) Section 20.7 Permit Fees The the table. (a) Fees -for new construction Type Building Area fee for each plumbing inspection permit shai1 be set.~orth in 1000 or less 1001 - 1250 1251 -' 1500 1501 - 1750 1751 - 200¢) 2001 - 3500 3501 - 4500 4501 or more Residential 20.00 35.00 50.00 65.00 80.00 95.0(]) 110.00 120.00 Type Nonresidential Building Area .... ~.q ~.,:.a_ ~ ~._.E ~ ~'.~:. .... .~.~ 1 - 500 50 ! -. 100000 100001 or more 10. O0 20.00 20. O0 + 0.02/sq. ft. 500.00 + O. O15/sq. ft. (b) Fees for additions, alterations~ and repairs Type All 0 - 500 '= ) 1500 o( 1 - 15¢)1 - 3000 10. O0 3% o'F val 15.00 + 2% of val 2 45.00 + 1% o.F val 95.00 + .5% o~ va! (c) Fee Calculation For ~ee calculation purposes, the building area is the total ~loor area o~ all stories devoted to human occupancy~ including halls, stairways~ elevators~ and other uses measured to outside · ~aces o~ exterior walls and includes total area under r'oo~ and enclosed by walls (excluding gar'ages, car'ports, porches~ patios, and other roo.~ed areas with omitted exterior walls)~ and one-hal~ (1/2) o~ the garage~ carports~ porch~ patio~ and other r'oo-~ed areas with omitted exterior walls. The sum o~ the above areas constitutes the building area permit evaluation and must be stated on the permit application. Section 406 Cleanouts (b) An approved type o.F two-way cteanout shall be requir'ed at the lowest point o.F the building sewer'., between the building sewer arid the building dr"ain. (c) An appr'oved type o~ two-way c:leanout shall be required at the lowest point o~ the building drain t)etween the building drain and the builclirig sewer. Exception: 1. An approved two-.way c:leanout shall only be r'equired at the lowest point o~ the building sewer i.F both .Factors are met. (1) 'T'her'e is a twenty two and one ha].~ (22 1/2) degree or less change o~ direction in the building sewer-. (2) the buildirlg sewer :i.s twenty ~:ive (25) ~eet or less in developed lengtl~. Section 8C)2 Types o.F Joints Delete subsection (i). Section 1004 Materials This section shall read as Follows Sec:t i or~ 1004 Materials (a) Water" pipe arid .~ittings shall be o~ brass or" copper. All materials used in the water supply system, valves~ and simular devi c:es shal 1 be o~ 1 :i. ke mater' :i. al s, ex cept where other"wi se approved by the administr'at, ive authority.. (b) Piping and tubing which has pr'eviously been used .For' any purpose shall not be used. (c) In no case shall galvanizecl wrought iron, cast ir'on, galvanized malleable iron~ galvanized steel~or lead be used as water" piping. Exception: (1) Because all water pipir~g shall be o~ like material, the replacement o~ galvanized wrought iron~ or galvanized steel shall be -First approved by the administrative author"ity. (d) In no case will asbestos cement~ polybutylene (PB) , polyethy].ene (PE), poly vinyl chloride (PVC), or cl-Ilor':Lrla~ed poly vinyl chloride (CPVC) be acceptable as potable ~ater piping. (e) Polybutylene (PB) or poly vinyl chloride (F:'VC) may be used in .Fire or lawn spr:Lnkler systems when separ'ated by an approved bac::k~low pr"eventer' Secti on 1007 Water F::'r"essur"e ~ Pr'E~BSL~rB Regut ators and Pr'essure Relie~ Valves (e) Delete the words "galavnized steel" ~rom this par"agr'aph. Sect:Lon 1008 Installation, Inspection and Testing (g) Water'~ conderlsate, drain, soil~ or waste pipes located in areas or port:i, ons of a structure exposing such pipe to .freezing temlz~eratures, such as but not limited to exter'ior walls, attic:s~ floor's~ crawl spaces~ and basements., and which includes outlet~ · From water" meter's, stub-up pi pes ~Cr"om the ground, exteri or' hydrants~j bibs~ and atmospheric or vacuum breakers wrapped or encased in suitable insulation material such pipe o.~ ~:ixture -~rom ~reezing. shal 1 be to prevent Section 1107 Cleanouts (g) An approved two-way cleanout shall be requir'ed lowest end o~ the building sewer~ at the Section 1213 Installation o~ Gas Piping Sub-section (m) shall read as ~ollows: (m) An approved accessible shut o~ valve shall be at the point o~ entrance ~ the gas service piping structure. Ioc at ed to a Section 1306 Oil Burning and c)ther water heaters (c) Equipment regulated by this code requiring electrical connection o~ more than ~i~ty (50) volts shall have a positive means o~ disconnect adjacent to and in sight .~rom the equipment serviced,, (d) A one hundred twenty (120) volt receptical shall be located witlnin twenty .~ive (25) .~eet o~ the equipment. (e) A light shall be located near the controlling devices o~ tine equipment with adequate lighting through tine access passage. The toggle switch shall be located adjacent to the access open ing ~ II. THAT~ Chapter 1~ Section 5 (Penalty for Violations) and Section 6 (Severability of Parts) o.~ the Code of Ordinances shall apply. CITY M~NAGER-CLERK ~/ ORDINANCE NO. 86/19 AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A DIVISION OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 5, Section 1 of the Code of Ordinances is hereby amended to read as follows: SECTION 1: UNIFORM FIRE CODE A. ADOPTION. There 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, that certain Code and Standards known as the Uniform Fire Code, including Appendix Division I, Appendix I-A, I-B, I-C; Division II, Appendix II-A; Division III, Appendix III-A, III-B, III-C; Division IV, Appendix IV-A; Division V, Appendix V-A; Division VI, Appendix VI-B, Part IV, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1985 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 7 of this ordinance of which Code and Standards not less than three (3) copies have been and are now filed in the office of the clerk of the City of University Park and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of University Park. B. ESTABLISHMENT AND DUTIES OF DIVISION OF FIRE PREVENTION. (1) The Uniform Fire Code shall be enforced by the division of fire prevention (or other designated agency) in the fire department of the City of University Park which is hereby established and which shall be operated under the supervision of the chief of the fire department. (2) The chief (or fire marshal) in charge of the division of fire prevention (or other designated agency) shall be appointed by chief of fire with city manager's approval on the basis of examination to determine his qualifications. (3) The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the Board of Commissioners the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. C. DEFINITIONS· Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is the City of University Park, Texas. Wherever the chief responsible for the enforcement of the Uniform Fire Code is given the title of "fire marshal", add the following definition: Wherever the words "chief of the division of fire prevention" are used they shall be held to mean "fire marshal". De ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE GROUND TANKS IS PROHIBITED. The limits referred to in Section 79.501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: Ail residentially zoned areas, congested commercial areas, in an area zoned for schools, churches, or university use. ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82.105(a) of the uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: As specified by City ordinance. F o ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: 77.106(b) shall be amended to state use or storage of all high explosive materials in University Park is prohibited. G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: Section 77, paragraphs 77.201A, are amended as follows: as stated in Section 6, use or storage of high explosive or blasting materials are prohibited in University Park. H. APPEALS. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the Board of Commissioners, City of University Park, within 30 days from the date of the decision appealed. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The chief of the division of fire prevention shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The chief of the division of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. J. PENALTIES. Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25 nor more than $1,000. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. K. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. L. VALIDITY. The City of University Park hereby declares that should any section, paragraph, sentence or word of this Ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Commissioners that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. DATE OF EFFECT. This Ordinance shall take effect and be in force from and after its approval as required by law. PASSED AND APPROVED this 16th day of September, 1986. CITY M~NAGER-CLERA - / / / ORDINANCE NO. 86/20 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5, "FIRE PROTECTION" OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION 22, AMENDING THE 1985 UNIFORM BUILDING CODE SECTIONS 505(a), 505(e), AND TABLE C, AND SECTION 506(a) AND CHAPTER 38, FIRE EXTINGUISHING SYSTEMS REQUIRED BY BUILDING AREA; PROVIDING A PENALTY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 5, "Fire Protection", of the Code of Ordinances, be and it is hereby amended by adding a new Section 22 to read as follows: SECTION 22. Automatic Fire Extinguishing Systems Requirement in Occupancies Based on Area in Square Feet. Ao That, Section 505(a) of the Building Code is hereby amended to read as follows, to wit: (1) One Story Areas: The area of a one-story building shall not exceed the limits set forth in Tables No. 5-C and 5-C.1 except as provided in Section 506. That, Section 505(e) of the Building Code is hereby amended by the addition of paragraph (e) (6) as follows, to wit: (e) (6) This subsection (e) shall apply only to buildings completely protected by an automatic sprinkler system(s) throughout. That, Table 5-C of the Building Code is hereby amended to include the addition of Table 5-C-1. That, Section 506(a) of the Building Code is hereby amended by the addition of paragraph (a) (4) to read as follows, to wit: (a) (~) The allowable area increases permitted by this subsection (a) shall apply only to buildings completely protected by automatic sprinkler systems. Eo The intent of this code shall not only apply to new construction, but also existing occupancies when additions, alterations, or repairs affects fifty (50%) percent or more of the total area of a single business or lease space. F o Ail other ordinances or provisions hereby expressly in conflict with this ordinance are hereby repealed. Ge Should work, phrase, sentence, paragraph, or sections of this ordinance, or of the amendments to the Uniform Fire Code, 1985 Edition, be held to be void or unconstitutional, the remaining provisions of this ordinance, the amendments herein and of the Uniform Fire Code, 1985 Edition, shall remain in full force and effect. He Should any portion or part of the ordinance be held for any reason invalid or enforceable, the same shall not be construed to affect any other valid portion. Ail other portions hereof shall remain in full force and effect. Injuctive Relief: In the addition to and accumulation of all the penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. The fact that the present Fire Protection Code of the City of University Park requires changes as recommended by the Fire Department of the City of University Park, Texas, for the protection of public health, safety, and welfare and requires that the ordinance shall take effect immediately from and after its passage, and the publication of the caption of said ordinance, in accordance with the laws of the State of Texas, and it is accordingly so ordained. PASSED AND APPROVED this 16th day of September, 1986. CITY MAN~R-CLERK /- 0 u~ Z I ORDINANCE NO. 86/21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 8.B. TO ESTABLISH SICK LEAVE ACCUMULATION ON THE BASIS OF HOURS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 8, Section 8.B. of the Code of Ordinances is hereby amended to read as follows: Sick leave for all employees except firefighters shall be accumulated on the basis of 2.31 hours for each full week of employment up to a maximum accumulation of nine hundred sixty (960) hours. Sick leave for firefighters shall be accumulated on the basis of 3.24 hours for each full week of employment up to a maximum accumulation of one thousand three hundred forty-eight (1,348) hours. The city manager-clerk shall see that a complete and comprehensive sick leave record is kept for each employee that will accurately reflect the net sick leave accumulated. PASSED AND APPROVED this 16th day of September, 1986. ~ATTE~ST: CITY ORDINANCE NO. 77/328 (AMENDMENT NO. 64) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING FACILITIES IN THE ACCESSORY STRUCTURES LOCATED AT 4024 GLENWICK LANE, 3106 GREENBRIER DRIVE, 3684 ASBURY STREET, AND 4236 GREENBRIER DRIVE WHEREAS, WADE S. & MARGARET K. GOODRICH, owners of 4024 Glenwick Lane, Lot 6, Block 12, Troth's Revised Addition, requested a specific use permit to install one-tub/shower, one-commode, one-lavatory, one-water heater, one-single compartment bar sink and one-ice maker on the second floor of a new two story accessory structure to be used as guest quarters. WHEREAS, THOMAS W. ERICKSON, owner of 3106 Greenbrier Drive, Lot 9, & West 35' of Lot 10, Block 29, Caruth Hills Addition, requested a specific use permit to install one-slop sink, one-floor drain on the first floor and one-commode, one-lavatory, one-shower, one-single compartment sink, one-water heater on second floor of a new two story accessory structure to be used as studio, gameroom, workroom and dark room. WHEREAS, PAVLOS PAPATHANASIOU, owner of 3684 Asbury St., Lot 18, Block 3, Golf Drive Addition. Request a specific use permit to install one-commode and one-lavatory in a new one story accessory structure to be used as an art studio. WHEREAS, F. JAMES McKEE, owner of 4236 Greenbrier Drive, Lot 20, Block 3, Preston Homes Addition. Request a specific use permit to install one-shower, one-lavatory, one-commode, one-water heater, one-bar sink, one-ice maker in an existing one story and install one-lavatory and one-commode on a new second floor addition of the accessory structure that will be used for cabana, hobby room and recreation room. WHEREAS, the Planning and Zoning Commission held hearings on the applications on November 18, 1986, and recommended to the Board of Commissioners that the Specific Use permits be granted under certain conditions: and WHEREAS, a public hearing on the four applications was held by the Board of Commissioners on November 18, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the University Park, follows: Comprehensive Zoning Ordinance of the City of Texas is hereby amended and supplemented as ne THAT, a specific use permit is approved for Lot 6, Block 12, Troth's Revised Addition, known as 4026 Glenwick Lane, for installation of one (1) tub/shower, (1) commode, (1) lavatory, (1) water heater and (1) single compartment bar sink in a new two story accessory structure. ON THE CONDITION: That before building permit be 'issued the property owners Wade S. & Margaret K. Goodrich, sign the "covenant running with the land". Be THAT, a Specific Use permit is approved for Lot 9 & West 35' of Lot 10, Block 29, Caruth Hills Addition, known as 3106 Greenbrier Drive, for installation of (1) slop sink (1) floor drain, (1) commode, (1) lavatory, (1) shower, (1) single compartment sink, (1) water heater in a new two story accessory structure. CONDITION: That the property owner, Thomas W. Erickson, sign the "covenant running with the land". Ce THAT, a Specific Use permit is approved for Lot 18, Block 3, Golf Drive Addition, known as 3684 Asbury Street, for installation of (1) commode and (1) lavatory in a new one story accessory structure. CONDITION: That the property owner, Pavlos Papathanasiou, sign the "covenant running with the land". De THAT, a Specific use permit is approved for Lot 20, Block 3, Preston Homes addition, known as 4236 Greenbrier Drive, for installation of (1) shower, (1) lavatory, (1) commode, (1) water heater, (1) bar sink, (1) ice maker in an existing one story and second story addition to an accessory structure. CONDITION: That the property owner, F. James McKee, sign the "covenant running with the land". SECTION II THAT, the appendix listing of specific amended by adding the following: use permits be S.U.P. NUMBERS TYPE OF USE S-30 S-31 S-32 S-33 Installation of plumbing facilities in a new two story accessory structure for guest quarters, at 4024 Glenwick Lane. Installation of plumbing facilities in a new two story accessory structure for dark room, gameroom, studio and work room, at 3106 Greenbrier Drive. Installation of plumbing facilities in a new one story accessory structure for art studio, at 3684 Asbury Street. Installation of plumbing facilities in an existing one story and an addition of the second floor of an accessory structure for cabana, recreation room and hobby room, at 4236 Greenbrier Drive. SECTION III THAT, Section 22, penalty for violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 18th day of November, 1986. CITY MANAGER-CLERK: ORDINANCE NO. 86/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 1.C.(13)(c) BY AMENDING SUBSECTION (iv) AND ADDING SUBSECTIONS (v) AND (vi), MONTHLY FEE TO BE PAID IN LIEU OF COMPLIANCE WITH IMPERVIOUS AREA LIMITATIONS; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. THAT, Chapter 3, Section amended to read as follows: 1.C.(13)(c)(iv) is hereby (iv) An option available for compliance is the utilization of perforated paving stone or other permeable material. Storage tanks for run-off 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 a monthly fee. SECTION II. THAT, Chapter 3, Section 1.C.(13)(c) Ordinances is hereby amended to add two numbered (v) and (vi), as follows: of the Code of paragraphs to be (v) In lieu of the option available in paragraph (iv), a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) above, the monthly drainage fee shall be calculated as follows: Unit or Standard Lot Size Unit Impervious Area Minimum Monthly Fee (Any District) Maximum Monthly Fee (Any District) 6,000 s.f. 3,600 s.f. $ 4.50 $ 22.50 DRAINAGE FACTOR Single Family = Basic Unit District Runoff Coefficient Drainage Factor (D.F.) Single Family SF-A, 2F-l, 2F-2, MF-1, MF-2, MF-3 All others 0.4-0.4 1.0 0.6-0.4 1.5 0.9-0.4 2.25 Formula Monthly Fee =Imp. Area(S.F.) x LotSize x D.F.x $4.50 3,600 6,000 In all calculations, the fee shall not exceed $22.50 per month. (vi) Ail funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. Ordinance No. 86/22 Page Two SECTION III. THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinance shall apply. PASSED AND APPROVED this 18th day of November, 1986. "ATTEST: ~ · CITY M~AGER-CLERK ~ / / ORDINANCE NO. 86/23 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CONSUMERS IN THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATES MAY BE CHARGED, ADJUSTED, AND AMENDED; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; PROVIDING FOR THE ACCOUNTING OF TRANSPORTATION REVENUE; AND PROVIDING FOR THE RESIDENTIAL CONSERVATION SERVICES CHARGE AND A MAIN LINE EXTENSION SERVICE. BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION 1. Effective with gas bills rendered on and after December 11, 1986, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the city limits of University Park, Texas, by Lone Star Gas Company, a Division of ENSERCH Corporation, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. SECTION 2. The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $4.0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intracompany city gate rate charge as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Dallas Distribution System, according to Item C, in the Attachment hereto which is incorporated herein. SECTION 3. Company shall receive tax adjustments according to Item D, in the Attachment hereto which is incorporated herein. SECTION 4. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. The service charges set forth in Item E, in the Attachment hereto which is incorporated herein, are approved. Services fro which no charge is set out in Item E may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 5. Effective with gas bills rendered on and after December 11, 1986, the maximum general service rate for sales of natural gas to industrial customers within the city limits of University Park, Texas, by Lone Star Gas Company, a Division of ENSERCH Corporation, a Texas Corporation, its successors and assigns, is hereby fixed and determined as set forth in Item F, in the Attachment hereto which is incorporated herein. SECTION 6. The industrial rates set forth above shall be adjusted upward or downward according to heat content, purchased gas cost, and taxes, revenues, fees, charges, and rentals as set forth in Item F, in the Attachment hereto which is incorporated herein. SECTION 7. The accounting for transportation revenue is provided as set forth in Item G in the Attachment hereto. In Item I of the Attachment a charge for residential conservation services is provided. And in Item H the Main Line Extension Rate is specified in detail. SECTION 8. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 9. It is hereby found and determined that the meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. SECTION 10. The filing with the City of Dallas required by City of Dallas Ordinance No. , Section 19, related to the Tax Reform Act of 1986 shall be filed with the City of University Park at the same time the filing is made with Dallas. PASSED AND APPROVED this 18the day of November, 1986. ~"ATTEST: CITY M~[AGER-CLE Ao ATTACHMENT TO ORDINANCE NO. 86/23 CITY OF UNIVERSITY PARK, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES RESIDENTIAL AND COMMERCIAL RATES The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Net Gross Customer Charge Ail Consumption $ 5.50 $ 4.9234 per Mcf $ 5.61 $ 5.0239 Per Mcf If the service period is less than 28 days in a month, the customer charge is $0.1964 (net) and $0.2004 (gross) times the number of days of service. Commercial: Net Gross Customer Charge First 20 Mcf Next 30 Mcf Over 50 Mcf $ 10.00 $ 5.0431 Per Mcf $ 4.8432 Per Mcf $ 4.6932 Per Mcf $ 10.20 $ 5.1460 Per Mcf $ 4.9420 Per Mcf $ 4.7890 Per Mcf If the service period is less than 28 days in a month the customer charge is $0.3571 (net) and $0.3643 (gross) times the number of days of service. Residential Off-Peak Sales Discount: An off-peak sales discount of $.25 per Mcf net will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. PROMPT PAYMENT DISCOUNT: The difference between the gross and net rates is a discount for payment within 15 days from the date of the monthly billing. C. GAS COST ADJUSTMENT: Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1.02870 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0.0001 per Mcf (shown below as "Re"). (c) The base city gate rate of $4.0200 per Mcf. Correction of the estimated adjustment determined by Item C (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "D") shall be expressed to the nearest $0.0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item C (1) above, divided by mo (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item C (1) and Item C (2) above shall be multiplied by a tax factor of 1.06332 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Mcf by Item C (1), Item C (2) and Item C (3) as follows: GCA = [Item C (1) + Item C (2)] X Item C (3) GCA = [(1.02870) (Re- $4.0200) + D] X 1.06332 TAX ADJUSTMENT The tax adjustment shall be an amount equivalent to the proportionate part of any new tax, or increased tax, or any other governmental imposition, rental, fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to January 1, 1986, upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. SCHEDULE OF SERVICE CHARGES (1) Reconnect Charge In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge Residential Reconnect Charge: 8 A.M. to 5 P.M. Monday through Friday 5 P.M. to 8 A.M. Monday through Friday Saturdays, Sundays and Holidays $25.00 $40.00 $40.oo Commercial Reconnect Charge: 8 A.M. to 5 P.M. Monday through Friday 5 P.M. to 8 A.M. Monday through Friday Saturdays, Sundays and Holidays $50.00 $75.OO $75.00 As a reconnect charge for such reconnection or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions. (a) For a builder who uses gas temporarily during construction or for display purposes. (b) For the first occupant of the premises. (c) Whenever gas service has been temporarily interrupted because of the system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) Return Check Charges A return check handling charge of $7.50 is made for each check returned to the Company for reasons of non-sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. (3) Collection Charge A charge of $7.00 shall be made when it is necessary to send a company employee to a customer's premises to collect amounts owed for gas service. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip for the same amount owed. F. SCHEDULE OF INDUSTRIAL RATES The following monthly base rates are Company s standard Industrial Rates-N applicable to sales to industrial customers served under standard sales contracts. RATE 1 First 125 Mcf or less $ 202.50 Ail over 125 Mcf @ 1.58 per Mcf RATE 2 First 600 Mcf or less $ 906.00 Ail over 600 Mcf @ 1.435 per Mcf RATE 3 First Ail over 1,250 Mcf or less 1,250 Mcf @ $1,750.00 1.375 per Mcf Measurement and Billing: The gas shall be measured at a single meter location and shall not be combined with gas measured through any other meter location for the purpose of billing under this schedule. Amounts billed shall be due and payable within fifteen (15) days from monthly billing date. In the event payment is not within fifteen (15) days of monthly billing date, a penalty of five (5) percent shall be added to net amount billed. The first step of each rate shall be applicable when the service period for which bill is rendered is for 16 days or more. Whenever the initial service period is for 15 days or less during a billing period, the customer's consumption shall be carried forward and added to customer's consumption during the next succeeding monthly service period for billing purposes. Adjustment for Heat Content: The schedules of rates in Item F are based upon the delivery of gas having an average total heat value of 1,000 British thermal units (Btu) per cubic foot. Should the average total heating value of gas delivered in any monthly period be more or less than 1,000 Btu per cubic foot, the measured volume for such period shall be increased or decreased respectively, in the percentage by which the average heating value of such gas is greater or less than 1,000 Btu per cubic foot. The monthly average total heating value of the gas at a pressure of four ounces plus 14.4 pounds per square inch and at a temperature of 60 degrees Fahrenheit shall be determined at Company's expense by the use of standard methods and procedures. Adjustment for Gas Cost: The amount billed for industrial deliveries under the rate schedule provided herein shall be increased or decreased by 100% of the difference between the weighted average cost of gas purchased and $1.00 per Mcf, multiplied by the metered consumption. For the purpose of calculating the gas cost adjustment for the current month, weighted average cost of gas shall be the weighted average cost of gas during the latest available fiscal month and shall be the lesser of the weighted average price of gas purchased by Company from all sources, including affiliates or the weighted average price of gas purchased by Company from nonaffiliated suppliers. In applying the gas cost adjustment clause, the adjustment shall be computed to the nearest one-hundredth of one cent. Company, from time to time, may be required by the terms of a gas purchase contract (including an agreed settlement of a disputed claim) or by a determination of a regulatory body or Ge He court to make additional payments with respect to gas previously purchased by Company. In such case, appropriate adjustments to compensate therefor shall be made in the price payable for gas hereunder as soon as practicable after the time of such payment so that customer shall bear a proportionate part of any such payment which has not been previously included in the weighted average cost of gas purchased as defined above. Adjustment for Taxes, Licenses, Fees, Charges, and Rentals: Customer shall pay Company an amount equivalent to a proportionate part of all taxes or rentals which now are or which may be levied, charged or imposed by any governmental body under authority of any law, ordinance or contract for the use of the public streets, alleys, and thoroughfares in the conduct of Company's business, or because of Company's occupation; and customer shall pay Company an amount equivalent to a proportionate part of any new tax or increased tax or other governmental imposition, rental, fee or charge levied or charged after July 1, 1976, (except state, county, city, and special district ad valorem taxes, taxes on net income and any production or similar tax included in the weighted average cost of gas as provided in the gas cost adjustment clause). The Dallas Distribution System shall receive credit for 40% of the revenue received by Lone Star for transportation of gas to industrial customers within the system when that gas is not sold pursuant to this Ordinance. Likewise, the Dallas Distribution System shall receive credit amounting to 12 1/2% of the revenue related to gas transported but not sold to electric generation customers. The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2.94 per linear foot. The Company shall file the calculation of such charge with the city as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. The Company shall recover the costs of the federally-mandated residential conservation services program as specified in City of Dallas Ordinance No. ORDINANCE NO. 86/24 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 8, SECTION 6. BY ADDING SUBSECTIONS C. AND D. (OFFICIAL EMPLOYEE HOLIDAYS); AMENDING CHAPTER 8., SECTION 8.D. (PAYMENT OF SICK LEAVE FOR MATERNITY LEAVE) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 6, is hereby amended by adding Subsections C. and d., which subsections shall read as follows: In order to receive compensation for holidays, employees must be at work the work days before and after the official holiday, unless absence is approved by the supervisor. If employees call in sick on days before or after holidays, they may be required to submit proof of illness prior to being paid for said holiday Do Upon termination, employees will not receive compensation for their floating holiday when it has not been taken during the year. SECTION II THAT, Chapter 8, Section 8.D. of the Code of Ordinances is hereby amended to read as follows: Do The payment of sick leave compensation for maternity leave shall be upon the same basis as Subsection A. above. The employee and her personal doctor shall determine the starting time of such leave. SECTION III THAT, Chapter 1, Section 5 (Penalty for Violation) and Section 6 (Severability of Parts) of the code of Ordinances shall apply. PASSED AND APPROVED this 16th day of December, 1986. ORDINANCE NO. 86/25 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER LL, SECTION 3. A. AND B.; SECTION 4. (A) , SUBSECTIONS (1) (d) (e), (2) (a) (b) , AND (3) IN REGARD TO WATER AND SEWER SERVICE CHARGES: AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. THAT, Chapter 11, section 3. A. and B. of the Code of Ordinances is hereby amended to read as follows: SECTION 3: WATER SERVICE CHARGES The following water rates are hereby established and shall be collected by the manager of the waterworks and sewerage department within the city. The minimum monthly rates for all metered water service shall be as follows: (1) For 5/8" or 3/4" meter ........... (2) For a 1" meter ................... (3) For a 1 1/2" meter ............... (4) For a 2" meter ................... (5) For a 3" meter ................... (6) For a 4" meter ................... (7) For a portable meter ............. $5.70 6.00 7.75 9.70 11.50 19.00 86.00 B o Each consumer served during the month shall be entitled to the use of three thousand (3,000) gallons of water paid under the minimum rates hereinabove specified. In any billing period, where the water consumed is in excess of the minimum, the rate shall be one dollar and fifty-two cents ($1.52) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be one dollar and fifty-two cents ($1.52) per thousand (1,000) gallons of water used. SECTION II. THAT, Chapter 11, Section 4.A., subsections (1) (d) (e), (2) and (3) are hereby amended to read as follows: (a) (b), SECTION 4: SEWER SERVICE CHARGES A. The following sewer service charges are hereby established: (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: There shall be a seven dollar and forty cent ($7.40) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at seventy-seven cents ($0.77) per thousand gallons-per unit for the sewer fee. (2) For each business and commercial establishment of any nature, plus public institutions such as schools and churches: (a) A seven dollar and forty cent ($7.40) minimum up to two thousand (2~,000) gallons of water used per month; and (b) Ninety-eight cents ($0.98) per one thousand (1,000) gallons in excess of two thousand (2,000) gall'ons per month. (3) For Service to Southern Methodist University, ninety cents ($0.90) per one thousand (1,000) gallons of water used per month, but that the monthly charge shall be based on the average of water used during January, February, March, October, November and December preceding the first (lst) day of January. SECTION III. THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. SECTION IV. THAT, the service charges specified above shall be in full force and effect on January 1, 1987. PASSED AND APPROVED this 16th day of December, 1986. A~.T.~ S T ~ CITY MANA ORDINANCE NO. 77/328 (AMENDMENT NO. 65) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING FACILITY AND KITCHEN JENN-AIR CHARCOAL GRILL IN THE ACCESSORY STRUCTURE LOCATED AT 3648 HAYNIE AVENUE; INSTALLATION OF PLUMBING FACILITIES IN A NEW ACCESSORY STRUCTURE LOCATED AT 3605 CARUTH BOULEVARD; AND PROVIDING A PENALTY FOR VIOLATION. WHEREAS, ELDON AND PEGGY WILDMAN, owners of 3648 Haynie Avenue, Lot 1, Block 9, University Park Addision, requested a specific Use permit to install one washer connection, one water heater, one commode, one shower, one lavatory, one single compartment bar sink, one water heater and one Jenn-Air charcoal grill in a new one story accessory structure for two car garage, utility room, cabana/enter- tainment area and bath. WHEREAS, DR. WILLIAM P. HUCKIN, owner of 3605 Caruth Boulevard, East 50' of Lot 17 & West 20' of Lot 18, Block 28, University Heights #4 Addition, requested a Specific Use permit to install one hot water heater, one ice maker, tub/shower, one commode, one lavatory, one counter top sink and exterior frost proof hose bib in a new two story accessory structure to be used as two car garage and maids quarters. WHEREAS, the Planning and Zoning Commission held hearings on the applications on November 25, 1986, and recommended to the Board of Commissioners that the Specific Use permits be granted under certain conditions: and WHEREAS, a public hearing on the two applications was held by the board of Commissioners on December 16, 1986. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas is hereby amended and supplemented as follows: THAT, a specific use permit is approved for Lot 1, Block 9, University Park Addition, known as 3648 Haynie Avenue, for installation of (1) one washer connection, (1) one commode, (1) one lavatory, (1) water heater(l) one shower, (1) one single compartment bar sink, and (1) Jenn-Air charcoal grill in a new two story accessory structure for two car garage, utility room, cabana/entertainment area and bath. ON THE CONDITION: That before building permit be issued the property owners ELDON AND PEGGY WILDMAN sign the "covenant running with the land." Bo THAT, a specific Use permit is approved for East 50' of Lot 17 & West 20' of Lot 18, block 28, University Heights %4 Addition, known as 3605 Caruth Boulevard, for installation of (1) one hot water heater, (1) one sink, (1) one ice maker, (1) one tub/shower (1) one commode, (1) lavatory, (1) one counter top sink and (1) one frost proof hose bib in a new two story accessory structure for maids quarters. ON THE CONDITION: that the property owner, DR. WILLIAM P. HUCKIN, sign the "covenant running with the land". SECTION II THAT, the appendix listing of specific use permits be amended by adding the following: S.U.P. NUMBERS TYPE OF USE S-34 S-35 Installation of plumbing facilities and Jenn- Air charcoal grill in a new one story accessory structure for two car garage, utility room, bath and cabana/entertainment area at 3648 Haynie Avenue. Installation of plumbing facilities in a new two story accessory structure for two car garage and maids quarters at 3605 Caruth Boulevard. SECTION III THAT, Section 22, penalty for violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 16th day of December, 1986. ATTEST: ORDINANCE NO. 86/26 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, SECTION 4, OF THE CODE OF ORDINANCES BY REPLACING THE PRESENT REGULATIONS WITH NEW FLOOD DAMAGE PREVENTION REGULATIONS, AND PROVIDING A PENALTY. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, Chapter 3, Section 4, FLOOD DAMAGE PREVENTION REGULATIONS, is hereby amended to read as follows: A. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS (1) (2) (3) STATUTORY AUTHORIZATION. The Legislature of the State of Texas has in the West's Texas Statutes and Codes, Article 1011, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. FINDINGS OF FACT (a) The flood hazard areas of the City of University Park are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all o~ which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in flood plains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. STATEMENT OF PURPOSE. It is the purpose of this Ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts asso- ciated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (f) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (g) Insure that potential buyers ar6 notified that property is in a flood area. (4) METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this Ordinance uses the fallowing methods: (a) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause exces- sive increases in flood heights or velocities; (b) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (d) Control filling, grading, dredging and other devel- opment which may increase flood damage; (e) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. (1) APPEAL - means a request for a review of the Flood Plain Administrator's interpretation of any provision of this Ordinance or a request for a variance. (2) AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. (3) AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO A1-99, VO, V1-30, VE or V. (4) BASE FLOOD - means the flood having a one percent chance of being equalled or exceeded in any given year. (5) CRITICAL FEATURE - means an integral and readily identi- fiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. (6) DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (7) ELEVATED BUILDING - means a nonbasement building (i) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means'~f pilings, columns (posts and Piers), or shear walls parallel to the floor of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meet- ing the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60.3(e) (5) of the National Flood Insurance Program regulations. (8) EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" com- menced before the effective date of the FIRM or before Janu- ary 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures" (9) FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b) the unusual and rapid accumulation of runoff of surface waters from any source. (10) FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. (11) FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. (12) FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). (13) FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineer- ing standards. (14) FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the load- ing and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. (15) HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the pro- posed walls of a structure. (16) LEVEE - means a man-made structure, usually an earthen embank- ment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. (17) LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. (18) LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, buiIding access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. (19) MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also in- cludes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (20) MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (21) NEW CONSTRUCTION - means, for flood plain management pur- poses, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. (22) START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348))i includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, place- ment, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of ~lab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory build- ings, such as garages or sheds not occupied as dwelling units or not part of the main structure. (23) STRUCTURE z means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. (24) SUBSTANTIAL IMPROVEMENT - means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "sub- stantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that altera- tion affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (25) VARIANCE - is a grant of relief to a person from the require- ments of this Ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Ordinance. (For full requirements, see Section 60.6 of the National Flood Insurance Program regu- lations.) (27) WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. C. GENERAL PROVISIONS (1) LANDS TO WHICH THIS ORDINANCE APPLIES. The Ordinance shall apply to all areas of special flood hazard with the juris- diction of the City of University Park. (2) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for the City of University Park", dated January 1979, with accompanying Glood Insurance Rate Maps and Flood Boundar~ Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. (3) ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required to ensure conformance with the provisions of this Ordinance. (4) COMPLIANCE. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Ordinance and other applicable regulations. (5) ABROGATION AND GREATER RESTRICTIONS. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (6) INTERPRETATION. In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. (7) WARNING AND DISCLAIMER OF LIABILITY. The degree of flood pro- tection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineer- ing considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. D. ADMINISTRATION (1) DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The Building Official is hereby appointed the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to flood plain management. (2) DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (a) Maintain and hold open for public inspection all records pertaining to the provisions of Yhis O~dinance. (b) Review permit application to determine whether proposed building site will be reasonably safe from flooding. (c) Review, approve or deny all applications for development permits required by adoption of this Ordinance. (3) (d) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (includ- ing'Section 404 of tNe F~deral Water Pdllution C6ntrol Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (e) Where interpretation is needed as to the exact loca- tion of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (f) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (g) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (h) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to admin- ister the provisions of Article 5. (i) When a regulato~ floodway has not been designated, the Floodplain Administrator must require that no new con- struction, substantial improvements, or other develop- ment (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. PERMIT PROCEDURES (a) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimen- sions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; (ii) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (iii) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Article 5, Section B(2); (iv) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. (v) Maintain a record of all such information in accordance with Article 4, Section (B) (1). (4) (b) Approval or-denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinance and the following rele- vant factors: (i) The danger to life and property due to flooding or erosion damage; (ii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iii) The danger that materials may be swept onto Other lands to the injury of others; (iv) The compatibility of the proposed use with existing and anticipated development; (v) The safety of access to the property in times of flood for ordinary and emergency vehicles; (vi) The costs of providing governmental services during and after flood conditions including main- tenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (vii) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (viii) The necessity to the facility of a waterfront loca- tion, where applicable; (ix) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (x) The relationship of the proposed use to the com- prehensive plan for that area. VARIANCE PROCEDURES (a) The Appeal Board as established by the community shall hear and render judgement on requests for variances from the requirements of this Ordinance. (b) The Appeal Board shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Flood- plain Administrator in the enforcement or administration of this Ordinance. (c) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of compatent jurisdiction. (d) The FlOodplain Administrator shall maintai~ a record of all actions involving an appeal and shall report vari- ances to the Federal Emergency Management Agency upon request. (d) The Floodplain Administrator shall maintain a record-of all actions involving an appeal and shall report vari- ances to the Federal Emergency Management Agency upon request. (e) Variances may be issued for the reconstruction, rehabili- tation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Ordinance. (f) Variances may be issued for new construction and sub- stan~ial improvements to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the vari- ance increases. (g) Upon consideration of the factors noted above and the intent of this Ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Ordinance (Article 1, Section C). (h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (i) Prerequisites for granting variances: (i) Variances shall only be issued upon a determination that the variance is the minimum necessary, consid- ering the flood hazard, to afford relief. (ii) Variances shall only be issued upon, (i) showing a good and sufficient cause, (ii) a determination that failure to grant the variance would result in excep- tional hardship to the applicant, and (iii) a deter- mination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victim- ization of the public, or conflict with existing local laws or ordinances. (iii) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the Iowest floor eleva- tion below the base flood elevation, and that the cost of-flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (j) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. E. PROVISIONS FOR FLOOD HAZARD REDUCTION (1) GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improve- ments: (a) Ail new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, includ- ing the effects of buoyancy. (b) Ail new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (c) Ail new construction or substantial improvements shall be constructed with materials resistant to flood damage. (2) (e) Ail new and replacement water supply systems ~hall be designed to minimize or eliminate infiltration of flood waters into the system; (f) New and replacement sanitary sewage systems shall be designed to mihi~ize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or (iii) Article 5, Section C(4), the following provisions are required: (a) RESIDENTIAL CONSTRUCTION - new construction and subs- tantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a., is satisfied. (b) (c) NONRESIDENTIAL CONSTRUCTION - new construction and substantial improvements or any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) ~levated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in the subsection. A record of such certification which includes the specific elevation (in relation to mean sea level)to which such structures are floodproofed shall be maintained by the Floodplain Administrator. ENCLOSURES - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Require that all manufactured homes to be placed substantially improved within Zones Al-30, AH and AE on the community's FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of Section B(4) of this Article. (3) STANDARDS FOR SUBDIVISION PROPOSALS (a) Ail subdivision proposals including manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this Ordinance. (b) Ail proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this Ordinance. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B(8) of this Ordinance. (d) Ail subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (e) Ail subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is. unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply; (a) Ail new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified). (b) Ail new construction and substantial improvements of nonresidential structures; (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; (ii) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (c) (d) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C(1)a., are satisfied. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. SECTION II THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances shall apply. SECTION III THAT, for the immediate preservation of the public peace, health and safety, this Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS 16th DAY OF December, 1986. CITY '.~MAN~ER-CLERK ~ f - ORDINANCE NO. 87/1 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 8, SECTION 10.5. (PAY PLAN ORDINANCE 85/20) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ELIMINATING THE INCENTIVE PAY FOR SERVICE CENTER HOURLY EMPLOYEES, AND PROVIDING FOR A TRANSITION PERIOD. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 10. (Pay Plan Ordinance No. 85/20), Subsection 5., of the Code of Ordinances is hereby amended to read as follows: o Incentive pay for Service Center hourly employees. The City of University Park hereby discontinues its program Of paying an attendance-based incentive bonus to service center employees. For interim purposes, the incentive bonus will be rolled into the base wages of currently eligible employees. Employees hired after the effective date of this ordinance will not receive incentive pay for attendance. Due to the increase in base wages, employees may be brought closer to or above their salary range midpoint. Employees should therefore anticipate lower salary increases next year (if any salary increases are provided) compared to fellow employees in the same grade who have not been eligible for the bonus. SECTION II THAT, the effective dare'for the above change is February 4, 1987. PASSED AND APPROVED this 20th day of January, 1987. CITY~NAGERLCLER~ ~/ ORDINANCE NO. 87-2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR A FIRE LANE IN THE 2800, 2900, AND 3000 BLOCKS OF YALE BOULEVARD MEDIAN, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 12 A. of the Code of Ordinances of the City of University Park, the following action is taken: (1) A fire lane prohibiting parking on the north and south curb sides of the Yale Boulevard median. This prohibition is continuous from Airline to North Central Expressway, as follows: Street Block Direction Yale Boulevard 2800 2900 3000 North and South curb sides of median (2) The Chief of Police shall supervise the posting of signs so that the motoring public can readily discern such fire lane designation. SECTION II THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 17th day of February, 1987. ATTEST: ~'~ CITY M~NAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 66) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING FACILITIES IN THE EXISTING ACCESSORY STRUCTURES LOCATED AT 6701 TURTLE CREEK BOULEVARD, 3512 CARUTH BOULEVARD: AND PROVIDING A PENALTY FOR VIOLATION. WHEREAS, HENRY & LUCY BILLINGSLEY, owners of 6701 Turtle Creek Boulevard, Lot 5, Block 9, Brookside Estates Addition, requested a Specific Use permit to install shower/steam unit, lavatory, commode, icemaker/refrigerator, bar sink and hot water heater in an existing two story accessory structure to be used as guest quarters and exercise room. WHEREAS, CORY A. McGUIRE, owner of 3512 Caruth Boulevard, east 70' of Lot 9, Block 26, University Heights #4 Addition, requested a Specific Use permit to install single compartment sink, tub/shower, lavatory, commode and hot water heater in an existing one story accessory structure to be used as bath and cabana/entertainment area. WHEREAS, the Planning and Zoning Commission held hearings on the applications on January 27, 1987, and recommended to the Board of Commissioners that the Specific Use permits be granted under certain conditions: and WHEREAS, A public hearing on the two applications was held by the Board of Commissioners on February 17, 1987. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Texas is hereby amended and supplemented as follows: Ao THAT, a specific use permit is approved for Lot 5, Block 9, Brookside Estates Addition, known as 6701 Turtle Creek Boulevard, for (1) shower/steam unit, (1) lavatory, (1) commode, (1) icemaker/refrigerator, (1) bar sink, (1) hot water heater in an existing two story accessory structure for guest quarters, exercise room and bath. ON THE CONDITION: that the property owner, HENRY & LUCY BILLINGSLEY, sign the "covenant running with the land" $ · THAT, a specific use permit is approved for the east 70' of Lot 9, Block 26, University Heights #4 Addition, known as 3512 Caruth Boulevard, for (1) single compartment sink, (1) tub/shower, (1) lavatory, (1) commode and (1) hot water heater in an existing one story accessory structure for cabana/entertainment area and bath. ON THE CONDITION: that the property owner, CORY A. McGUIRE, sign the "covenant running with the land." ORDINANCE NO. 77/328 (AMENDMENT NO. 66) Page Two SECTION II THAT, the appendix listing of specific use permits be amend- ed by adding the following: S.U.P. NUMBERS TYPE OF USE S-36 Installation of plumbing facilities in an existing two story accessory structure for guest quarters, exercise room and bath, at 6701 Turtle Creek Boulevard. S-37 Installation of plumbing facilities in an existing one story accessory structure for cabana/entertainment area and bath at 3512 Caruth Boulevard. SECTION III THAT, Section 22, penalty for violation of Ordinance No. 77/328 is applicable to this amended ordinance. PASSED AND APPROVED this 17th day of February, 1987. ORDINANCE NO. 77/328 (AMENDMENT NO. 67) AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, AMENDING AND SUPPLE- MENTING SECTION 13-100 OF THE COMPREHENSIVE ZONING ORDINANCE, TO EMPOWER A CITY STAFF COMMITTEE TO HEAR, APPROVE AND/OR DENY APPLICATIONS FOR INSTAL- LATION OF PLUMBING IN ACCESSORY BUILDINGS; AND PROVIDING A PENALTY. WHEREAS, on January 27, 1987, the Planning and Zoning Commission of the City of University Park held a public hearing to consider an amendment to Section 13-100 of the Comprehensive Zoning Ordinance and, at the conclusion of said hearing, the Planning and Zoning Commission recommended to the Board of Commissioners that the proposed amendment be made as herein detailed. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS of the City of University Park, Texas: SECTION I THAT, Section 13-100 of the Comprehensive Zoning Ordinance, being Ordinance No. 77/328, is hereby amended to read as follow~ 13-100 ACCESSORY BUILDING AND STRUCTURE REGULATIONS Accessory buildings shall not be used for rental purposes or barter exchange. Accessory buildings may be occupied only by immediate family members and/or full-time domestic servant or servants. In case of a live-in servant family, all adult members must beemployedbythe owner/occupant of the property. Permanently installed kitchen facilities may be allowed by specific use permit. Bathroom facilities may be allowed by approval of a City staff review committee or, in the absence of staff approval, by specific use permit. Where either kitchen and/or bathroom facilities are approved, the owner(s) of the property in question must sign a perpetual covenant agreeing that the accessory structure(s) will not be used for rental purposes or barter exchange. SECTION II THAT, Section 22, Penalty for Violation of Ordinance No. 77/328 is applicable to this amended ordinance. k · ATTEST: CITY MANAGER-CLERK PASSED AND APPROVED this 17th day of February, 1987. ORDINANCE NO. 87/3 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 85/24 IN ORDER TO ADD A NEW MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC., AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance No. 85/24, Section 4. is hereby amended to read as follows: Section 4. That this Commission hereby appoints Leland D. Nelson as registered agent for the Authority and appoints the following persons as members of the Board of Directors of the Authority, to-wit: Thomas Max Nygaard James B. Gardner Frank C. Carter Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones S. Louis Moore, Jr. SECTION II THAT, the appointment is effective as of March 5, 1987. PASSED AND APPROVED the 17th day of March, 1987. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 77/328 (AMENDMENT NO. 68) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY PROVIDING SPECIFIC USE PERMIT FOR INSTALLATION OF PLUMBING FACILITIES IN A NEW ACCESSORY STRUCTURE LOCATED AT 3309 WESTMINSTER AVENUE AND PROVIDING A PENALTY FOR VIOLATION. WHEREAS, SHANNON S. WYNNE, owner of 3309 Westminster Avenue, Lot 10, Block D, SMU Heights Addition requested a Specific Use Permit to install lavatory, commode, shower/tub, icemaker/refrigerator, water heater and sink in a new one story accessory structure that will be used as quarters for a live-in nanny and, at a later date for a cabana. WHEREAS, the Planning and Zoning Commission held a hearing on the application on March 24, 1987 and recommended to the Board of Commissioners that the Specific Use permit be granted under certain conditions: and WHEREAS, a public hearing on the application was held by the Board of Commissioners on April 21, 1987. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, is hereby amended and supplemented as follows: THAT, a specific use permit is approved for Lot 10, Block D, SMU Heights Addition, known as 3309 Westminster Avenue, for (1) lavatory, (1) commode, (1) shower/tub, (1) icemaker/refrigerator, (1) water heater and (1) sink in a new one story accessory structure for a live-in nanny and cabana. ON THE CONDITION: That the property owner, SHANNON S. WYNNE, sign the "covenant running with the land". SECTION II THAT, the appendix listing of specific amended by adding the following: use permits be S.U.P. NUMBER TYPE OF USE S-38 Installation of plumbing facilities in a new one-story accessory structure for a live-in nanny and cabana, at 3309 Westminster Avenue. SECTION III THAT, Section 22, penalty for violation of Ordinance No. 77/328 is applicable to this amended ordinance. PA~SED AND APPROVED this 21st day of April, 1987. ATTEST: CITY/M ASE -CLERK/ ORDINANCE NO. 87/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 22 (PLANNING AND ZONING COMMISSION), SUBSECTIONS E. (COMPENSATION), H. (PUBLIC HEARING AND PUBLICATION), AND I. (APPLICATION FEE) OF THE CODE OF ORDINANCES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 1, Section 22, Subsections E., H., AND I. of the Code of Ordinances are hereby amended to read as follows: E. COMPENSATION Every member of the Planning and Zoning Commission may receive, as payment for his/her services as a member of the commission, a sum to be set by the Board of Commissioners for each committee meeting and/or hearing attended by a member of the Planning and Zoning Commission. PUBLIC HEARING AND PUBLICATION REQUIRED PRIOR TO ISSUANCE OF ORDERS Before entering any orders affecting the property rights of any person or persons, the Planning and Zoning Commission shall publish a notice of a public hearing in the official newspaper of the city and, at such public hearing, any and all persons shall have a right to appear and object to the proposed order or action of the Planning and Zoning Commission. The Board of Commissioners shall not hold its public hearing or take action until it has received the final report of the Planning and Zoning Commission. However, after published notice, the Board of Commissioners may provide for the holding of its hearing jointly with any public hearing required to be held by the Planning and Zoning Commission, but the Board of Commissioners shall not take action until it has received the final report of the Planning and Zoning Commission. Written notice of all public hearings before the Planning and Zoning Commission on proposed changes in classification shall be sent to owners of real property lying within two hundred (200') feet of the property on which the change in classification is proposed. Such notice has to be given, not less than ten (10) days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. I. APPLICATION FOR HEARING FEES Any person who shall make application to the city for hearing before the Planning and Zoning Commission shall, at the time of filing the application with the city~ pay a fee set by resolution by the Board of Commissioners. Such fee is to reimburse the city for publication of notices and other administrative costs. PASSE~ AND APPROVED this 21st day of April, 1987. CITY MANAGER-CLErK ORDINANCE NO. 87/5 AN ORDINANCE RELINQUISHING THE RIGHT OF THE CITY OF UNIVERSITY PARK IN AND TO CHURCH STREET, LYING BETWEEN NORTHWEST PARKWAY AND VILLANOVA DRIVE AND TO A 15-FOOT ALLEY BETWEEN CHURCH STREET AND TULANE BOULEVARD, BOTH LOCATED IN BLOCK 75 OF UNIVERSITY HEIGHTS NO. 7 ADDITION; ORDERING SAID STREET AND ALLEY CLOSED; PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED THERETO AND DECLARING AN EMERGENCY. WHEREAS, Park Cities Baptist Church on the 18th day of January, 1948, being owner of the property hereinafter described, dedicated to the public said street and alley, the plat and dedication being of record in Volume 2934, page 223 of the Map and Plat Records of Dallas County, Texas; and WHEREAS, Park Cities Baptist Church plans to erect a new building and to increase the size of the parking lot and the church desires that the street and alley be closed in order to proceed with construction; and WHEREAS, it is found that such closing would not adversely affect the citizens of University Park; THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT certain public rights-of-way described by metes and bounds are hereby ordered closed and abandoned and all rights of the City and public therein are hereby waived and abandoned. Descriptions are as follows: TRACT "A" (CHURCH STREET) Beginning at a point in the South line of Northwest Parkway 288.9 feet West of the intersection of the West line of Tulane and the South line of Northwest Parkway; Thence in a Southerly direction along the East line of Lot 18 and Lot 9, Block 75, 331.6 feet to a point for a corner, which point is the Southeast corner of Lot 9, Block 75; Thence in a Westerly direction along the North line of Villanova Drive, 40 feet to a point for a corner; Thence in a Northerly direction along a line parallel to the East line of Lot 9 and Lot 18, Block 75, 331.74 feet to a point for a corner; Thence in an Easterly direction along the South line of Northwest Parkway, 40 feet to the point of beginning. TRACT "B" (ALLEY) Beginning at a point in the West line of Tulane Boulevard, 165.4 feet South of the intersection of the West line of Tulane Boulevard and the South line of Northwest Parkway; Thence in a Southerly direction along the West line of Tulane Boulevard, 15 feet to a point for a corner; Thence in a Westerly direction along the South line of the alley, 288.9 feet to a point for a corner; Thence in a Northerly direction along the East line of Church Street, 15 feet to a point for a corner; Thence in an Easterly direction along the North line of the alley, 288.9 feet to the point of beginning. SECTION II The Mayor of the City is authorized and directed to execute a proper quit-claim deed on behalf of the City to the Trustees of the Park Cities Baptist Church, their assigns and successors, releaSing and relinquishing all the rights the City may have in and to the street and the alley described above. SECTION III The fact that the use of the abutting property to said street and alley is being held up pending this action, any rules providing that ordinances shall be read at more than one meeting or more than one time are suspended, and requires that this ordinance be passed as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED this the 21st day of April, 1987. ATTEST: CITY MANAGER CLERK / / / ORDINANCE NO. 87/6 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 11 TO THE "REVISED CODE OF ORDI- NANCES OF THE CITY OF UNIVERSITY PARK, 1981" AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981" has been revised by Supplement No. 11. NOW, THEREFORE, BE IT ORDAINED by the Board Commissioners of the City of University Park, Texas: of SECTION I THAT, Supplement No. 11 (general ordinances through December 16, 1986, and zoning ordinances through February 17, 1987) to the "Revised Code of Ordinances of the City of University Park, 1981" is hereby adopted. SECTION II THAT, for Supplement No. 11 to the Code the provisions of Chapter 1, Section 5 (General Penalty for Violations of the Code) and Section 6 (Severability of Parts); or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordinances, City of University Park, Texas, shall apply. PASSED AND APPROVED this 21st day of April, 1987. ATTEST M~AGER CITY -CLERK ORDINANCE NO. 87/7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR LIMITED PARKING IN THE 3500 BLOCK OF AMHERST STREET, SOUTH SIDE. BE IT ORDAINED BY THE BOARD OP COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TBXAS: SECTION I THAT, in accordance with Chapter 10, Section 12(c) subsection (2), of the Code of Ordinances of the City of University Park, Texas, the following action is taken: Parking is prohibited on the following street area from 7:30 A.M. to 4:30 P.M., Monday through Friday, excepting legal holidays: STREET OR PARKING AREA BLOCK SIDE EXTENT Amherst Street 3500 South Commencing at Dickens proceeding west for 335 feet. THAT, Chapter 6, Severability of apply. SECTION II 1 Section 5, Ceneral Penalty, and Section Parts of the Code of Ordinances shall PASSED AND APPROVED this 21st day of April, 1987. ATTEST: 'k[ ~. /~ CITY ~ANAGER-CLERK / ORDINANCE NO. 87/8 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF· UNIVERSITY PARK, TEXAS PROVIDING FOR A NO-PARKING RESTRICTION IN THE 3800 BLOCK OF UNIVERSITY BOULEVARD, AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 12(C) subsection (2) of the Code of Ordinances of the City of University Park, Texas, the following action is taken: (1) Parking is restricted, following street area: at all times, on the STREET OR PARKING AREA BLOCK SIDE EXTENT University Blvd. 3800 North Proceeding 140 feet west of the head-in parking at Goar Park SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, of the Code of Ordinances shall apply. PASSED AND APPROVED this 21st day of April, 1987 ATTEST CITY M~AGER- CLERK ~/ / ORDINANCE NO. 87/9 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR WAY STOP INTERSECTION AT AIRLINE ROAD AND YALE BOULEVARD AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OP COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 14, Code of Ordinances of the City of University Park, Texas the following action is taken: (i) That all traffic approaching from north or south on Airline Road shall stop prior to entering the intersection of Yale Boulevard and Airline Road. (2) That all traffic approaching from east or west on Yale Boulevard shall stop prior to entering the intersection of Airline Road and Yale Boulevard. (3) That Airline Road and Yale Boulevard shall be designated a four-way stop intersection and all regulations as described for such intersections by Chapter 10, Section 14 of the Code of Ordinances shall apply, and, that the Chief of Police shall see that all necessary signs are erected. SECTION II THAT, Chapter 1, Section 5, General Penalty Provisions, and Section 6, Severability of Parts of the Code of Ordinances, shall apply. PASSED AND APPROVED this 21st day of April, 1987. ATTEST: \ CITY MANAGER-CLERK / ORDINANCE NO. 87/10 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR- WAY STOP INTERSECTION AT TURTLE CREEK BOULEVARD AND AMHERST STREET AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That, in accordance with Chapter 10, Section 14, Code of Ordinances of the City of University Park, Texas, the following action is taken: (i) That all of the traffic approaching from north or south on Turtle Creek Boulevard shall stop prior to entering the intersection of Amherst Street and Turtle Creek Boulevard. (2) That all traffic approaching from east or west on Amherst Street shall stop prior to entering the intersection of Turt!e Creek Boulevard and Amherst Street. (3) That Turtle Creek Boulevard and Amherst Street shall be designated a four-way stop intersection and all regulations as described for such intersections by Chapter 10, Section 14 of The Code of Ordinances shall apply, and that the Chief of Police shall see that all necessary signs are erected. SECTION II THAT, Chapter 1, Section 5, General Penalty Provisions, and Section 6, Severability of Parts of the Code of Ordinances, shall apply. PASSED AND APPROVED this 21st day of April, 1987. ORDINANCE NO. 87/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, RELATING TO TAXATION OF TELECOMMUNICATIONS SERVICES; REPEALING THE APPLICATION OF THE EXEMPTION PROVIDED FOR IN SECTION 4B(a) OF ARTICLE 1066C V.A.T.C.S.; PROVIDING FOR NOTIFICATION TO THE COMPTROLLER OF THE STATE OF TEXAS; PROVIDING THAT NO SUCH TAX PROVIDED FOR HEREUNDER SHALL SERVE AS AN OFFSET TO OR TO REDUCE ANY AMOUNT PAYABLE BY ANY PROVIDER OF TELECOMMUNICA- TIONS SERVICE PURSUANT TO ANY FRANCHISE, STREET USE ORDINANCE, STATUTE OR ANY OTHER IMPOSITION OF THE CITY OF UNIVERSITY PARK; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1: (a) A tax is hereby authorized on all telecommunications services sold within the City of University Park, Texas. For purposes of this section, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. (b) The application of the exemption provided for in Article 1066c, Section 4B(a), V.A.T.C.S. is hereby repealed by the City of University Park, Texas as authorized by Section 4B(b) thereof. (c) The rate of tax imposed by this section shall be the same as the rate imposed by the City of University Park, Texas, for all other local Sales and Use Taxes as authorized by the legislature of the State of Texas. (d) The City Clerk shall forward to the Comptroller of the State of Texas by United States Registered or Certified Mail a copy of this ordinance along with a copy of the minutes of the Board of Commissioners' vote and discussion on this ordinance. (e) 1987. This section shall become effective as of October 1, SECTION 2: This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of University Park, Texas, and this ordinance shall not operate to repeal or affect any of such other ordinances. The tax provided for hereunder shall not serve as an offset to, be in lieu of or in any way reduce any amount payable to the City pursuant to any franchise, street use ordinance, charter provision, statute or, without limitation by the foregoing enumeration, otherwise payable by any provider of telecommunications service; it being the express intent hereof that all such obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 4: This ordinance is to be liberally construed to achieve its remedial purposes. SECTION 5: This ordinance shall become effective from and after its passage as provided by law. PASSED AND APPROVED this the 19th day of May, 1987. / / ORDINANCE NO. 87/12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES BY DELETING SECTION 1D.; AMENDING SECTION 11 TO PROVIDE FOR THE REGULATION OF THE SALE OF PERSONAL PROPERTY IN RESIDENTIALLY ZONED DISTRICTS AND PUBLIC PLACES WITHIN THE CITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 7, "Offenses and Nuisances", to delete therefrom Section 1.D., Vending from Public Property Prohibited. SECTION II That Chapter 7 of the Code of Ordinances of the City of University Park, Texas, as heretofore amended, be, and the same is hereby, amended by amending Section 11 to read as follows: CHAPTER 7 OFFENSES AND NUISANCES SECTION 11: SALES OF PERSONAL PROPERTY A. DEFINITIONS (4) Occasional sales shall mean and include all sales entitled "garage sale", "lawn sale", "attic sale", "rummage sale", "flea market sale", "estate sale", or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of such sale, and which sale is conducted by a resident owner on real property zoned for residential uses only, which resident owner does not hold himself out as engaging in, and who does not habitually engage in, the business of selling such tangible personal property at retail. B. SALES OF PERSONAL PROPERTY REGULATED (1) 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 within the city, except as provided under Chapter 4, Section 1.1. of this code, permitting the vending of frozen dairy food products. (2) A person commits an offense if he sells or offers for sale personal property or a motor vehicle within the city from a location in a residentially zoned district, except as provided below, to wit: (a) A resident owner may conduct an occasional sale of personal property from his or her residence on not more than two (2) days in any one (1) calendar year. (b) Occasional sales may be conducted between the hours of 8:00 a.m. and 8:00 p.m. only. (c) New merchandise or merchandise acquired solely for the purpose of resale shall not be sold at an occasional sale, and any holding out for sale of such merchandise shall be a violation of this section. Property sold at an occasional sale must be legally owned, at the time of the sale, by the resident owner. A resident owner may not import or bring any personal property from any other location to his or her residence for the purpose of selling or offering the same for sale. (d) A resident owner may sell or offer for sale from his residence not more than two (2) motor vehicles in any one (1) calendar year. (e) Occasional sales may be conducted only in the back yard, garage, patio or driveway of a residence, provided that no portion of such sale may be conducted on any public right-of-way or in the required front yard as that term is defined in the zoning ordinance. (f) A resident owner may post a sign on his or her premises during the hours in which the occasional sale will be conducted. Such sign may advertise such sale and shall not exceed two (2) square feet in size. A person commits an offense if he places or affixes a sign advertising such sale on any street, sidewalk, alley, park, open space, public right-of-way, utility easement, or any other public property within the city. The police department or any other authorized officer or employee of the city is empowered to remove any such sign from any such public property. The existence of a sign not in conformance with the provisions of this section shall be prima facie evidence that the resident owner has placed or caused to place such sign and shall constitute a violation of this section." SECTION III That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION IV Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION V Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION VI This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY ADOPTED by the Board of Commissioners of the City of University Park, Texas, on this 16th day of June, 1987. APPROVED: ORDINANCE NO. 87/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 11, SECTION 2.G. OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, INCREASING THE FEE FOR EMERGENCY CUT OFF SERVICE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 11, Section 2.G. of the Code of Ordinances is hereby amended to read as follows: G. EMERGENCY WATER CUT OFF SERVICE Whenever any consumer, owner or occupant of premises shall request the city to cut off his water service at the meter for his convenience or due to the fact that his stop and waste or house cut off is either nonfunctional or cannot be found, then the manager of the utility office shall add a service fee to his hill of fifteen dollars ($15.00) for each cut off if the service is completed by on-duty personnel and forty-five dollars ($45.00) if a repairman is called in on an overtime basis to make the necessary repairs. This ordinance shall be effective July 1, 1987. PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, on the 16th day of June, 1987. APPROVED: GER- C L~~" ORDINANCE NO. 87/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5 OF THE UNIVERSITY PARK CITY CODE; REGULATING THE SALE, STORAGE, AND USE OF COMBUSTIBLE MATERIALS, INCLUDING GUN POWDER, DYNAMITE, BUTANE, PROPANE, OR OTHER LIQUEFIED PETROLEUM GASES; PROVIDING FOR THE PERMITTING AND INSPECTION OF DEVICES OR EQUIPMENT USING LIQUEFIED PETROLEUM GASES; REGULATING TRANSPORT OR DELIVERY OF LIQUEFIED PETROLEUM GASES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT LESS THAN TWENTY-FIVE DOLLARS ($25.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That Chapter 5, "Fire Protection," of the University Park City Code be, and the same is hereby, amended by amending Section 5 thereof to read as follows: SECTION 5: SALE, STORAGE, AND USE OF EXPLOSIVES, LIQUEFIED PETROLEUM GASES, AND UNDERGROUND COMBUSTIBLE LIQUID TANKS Except as otherwise provided herein, or in the uniform Fire Code, 1985 Edition, the keeping, selling, storage, or use of gun powder in bulk, dynamite, butane, propane, or other liquefied petroleum gases is prohibited within the limits of the city unless the fire chief or fire marshal of the city shall have previously inspected any such storage facility or shall have reviewed the use of any of such materials, and shall have issued a permit for such keeping, selling, storage, or use. No equipment using any of such materials shall be permitted within the city until the fire marshal or fire chief shall have conducted an investigation, inspection or examination of such equipment and the use to which it will be put and shall have issued a permit therefor. Notwithstanding any other provision of this section, butane, propane, and other liquefied gases may be stored and sold in retail stores, provided that the capacity of any container for any of such liquefied gases shall not exceed thirty-two (32) fluid ounces. Be Notwithstanding any term or provision of the 1985 Uniform Fire Code to the contrary, no person shall transport or deliver liquefied petroleum (LP) gas through or to any point in the City of University Park, except on the prior written approval of the Chief of Police/Fire or his designated representative. Such transport or delivery may be approved if: The Chief determines, after review of the factors listed in Section 82.105(a) of the 1985 Uniform Fire Code, that such transport or delivery will not create or increase a fire safety hazard or produce a condition hazardous to life or property. The route and destination for such transport or delivery will result in the shortest possible time and distance in the City of the vehicle being used for such purpose. The applicant coordinates and pays the expense of providing police or fire emergency vehicle escorts at all times when any such vehicle is within the City. The vehicle, tanks or other equipment to be used for the transport, delivery, storage or handling of the LP gas meet all requirements of the 1985 Uniform Fire Code. SECTION II That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION IV Any person, firm or corporation violating any of the provisions of this ordinance or the 1985 Uniform Fire Code, as amended hereby, or of the University Park City Code, as amended hereby, shall be subject to the penalty provided in Chapter 5, Section 1J of the University Park City Code and upon conviction of such violation shall be subject to a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00) for each offense and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION V This ordinance shall take effect immediately from and after its passage and the publication of the caption hereof, as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 1st day of July, 1987. APPROVED: CI~MANAGER-CLERK / ORDINANCE NO. 87/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK-TEXAS, DISANNEXING THE HEREAFTER DESCRIBED TRACT OF LAND FROM THE CITY OF UNIVERSITY PARK, SO THAT SAID TERRITORY MAY BE ANNEXED BY THE CITY OF DALLAS; PROVIDING THAT THE CITY OF UNIVERSITY PARK RELINQUISHES ANY AND ALL EXTRATERRITORIAL JURIS- DICTION IT MAY HAVE IN AND TO SAID TRACT OF LAND HEREAFTER DESCRIBED; AND PROVIDING EFFECTIVE DATE. WHEREAS, it is the desire of the City of University Park to disannex the following described tract of land and to relinquish any and all extraterritorial jurisdiction it may have in and to said tract so that the same may be annexed to the City of Dallas; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That the following described tract of land be, and the same is hereby, disannexed and discontinued as a part of the City of University Park in order to accomplish the purpose set forth above so that the same will no longer be a part of the City of University Park for any purpose whatsoever, said tract of land being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION II The City of University Park hereby relinquishes any and all extraterritorial jurisdiction which it has or may have under the provisions of the Municipal Annexation Act, being Article 970a, Vernon's Revised Civil Statutes of the State of Texas, and upon the passage of this ordinance, the said City of University Park shall no longer have or exercise any right, jurisdiction or control over the above described tract of land. SECTION III This tract of land is being disannexed solely so that it may be annexed into and become a part of the City of Dallas, Texas, and should any other town or city annex or attempt to annex any part of said tract, this disannexation and waiver of extraterritorial jurisdiction shall be null and void and of no force or effect. SECTION IV The Board of Commissioners finds that the best interest and welfare of the general public of the City of University Park will be served by disannexing the said tract of land so that the same may be annexed by the City of Dallas and by the relinquishment of extraterritorial jurisdiction of said tract and that this ordinance should take effect immediately from and after its passage as the law in such cases provides, and IT IS ACCORDINGLY SO ORDAINED. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 21st day of July, 1987. -CLER'K~ r . EXHIBIT "A" TRACT 1 ALL THAT certain lot, tract or parcel of land lying and being situated in the City of University Park, Dallas County, Texas, more particularly described as follows: BEING situated in the Joel Sykes Survey, Abstract No. 1338, Dallas County, Texas, and lying in University Park, Texas, adjacent to that land annexed to the City of Dallas as set forth by Ordinance No. 3601, and being more particularly described as follows: COMMENCING at a point lying on the east city limit line of University Park, same being the west city limit line of Dallas as established by Ordinance No. 8801, said point being the intersection of said city limit with the centerline of University Boulevard; THENCE northeasterly along said city limit line, a distance of 67 feet, more or less, to a point lying on the back of the north curb line of an east bound U-turn lane lying over Central Expressway and being the POINT OF BEGINNING of the herein described tract; THENCE continuing northeasterly along said city limit line, a distance of 1,877 feet, more or less, to an angle point in same; THENCE westerly along a southerly city limit line of Dallas, same being a northerly city limit line of University Park as established by said Ordinance No. 3601, a distance of 218 feet, more or less, to the intersection of same with the back of the east curb line of the south bound west service road of Central Expressway; THENCE southwesterly along the line of the back of the east curb of the south bound west service road of Central Expressway to the POINT OF BEGINNING and containing approximately 0.006 square miles of land. TRACT 2 ALL THAT certain lot, tract or parcel of land lying and being situated in the City of University Park, Dallas County, Texas, more particularly described as follows: BEING situated in the Joel Sykes Survey, Abstract No. 1338, Dallas County, Texas, and lying in University Park, Texas, adjacent to that land annexed to the City of Dallas as set forth by Ordinance No. 3601, and being more particularly described as follows: COMMENCING at the intersection of the centerline of Dublin Street with the north line of Mockingbird Lane, said north line being the southerly city limit line of University Park, same being a northerly city limit line of the City of Dallas; THENCE continuing easterly along said city limit line, same being the north line of Mockingbird Lane, a distance of 95 feet, more or less, to the intersection of same with the southwesterly prolongation of the southeast back-of-curb line of the southbound west service road of Central Expressway and being the POINT OF BEGINNING of the herein described tract; THENCE continuing easterly along said city limit line, same being the north line of Mockingbird Lane, a distance of 208 feet, more or less, to the intersection of same with a southeasterly city limit line of University Park, same being a northwesterly line of the City of Dallas; THENCE northeasterly along said city limit line, a distance of 918 feet, more or less, to the intersection of same with the northeasterly prolongation of a southeast back-of-curb line of the southbound west service road of Central Expressway; THENCE southwesterly along said southeast back-of-curb line and the southwesterly prolongation of same to the POINT OF BEGINNING and containing approximately 0.0031 square miles of land. ORDINANCE NO. 87/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES BY AMENDING SECTION 12.C.(1)(b) TO PERMIT TEMPORARY PARKING OF RECREATIONAL VEHICLES; AMENDING CHAPTER 10 SECTION 12.F, TO PROVIDE AN EXCEPTION FOR THE PARKING OF RECREATIONAL VEHICLES TEMPORARILY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 10, "Traffic Code," by amending Section 12.C.(1)(b) to read as follows: CHAPTER 18 TRAFFIC CODE SECTION 12: PARKING REGULATIONS C. PARKING PROHIBITED (1) Parking on Streets (b) A person commits an offense if he parks or leaves unattended on a public street a mobile home, motor home, recreational vehicle, travel trailer, boat trailer, stock trailer, or any other type of trailer, other than for the immediate loading or unloading of such vehicle, provided however that recreational vehicles over one (1) ton in weight may be parked on a public street or on other public or private property for a maximum of eight (8) hours for the purposes of loading, unloading, or for the preparation for removal to another location. SECTION II 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 10, "Traffic Code," by amending Section 12.F to read as follows: "CHAPTER 10 TRAFFIC CODE SECTION 12: PARKING REGULATIONS Fe PARKING MOBILE HOMES~ TRAVEL TRAILERS~ RECREATIONAL VEHICLES~ OR BOATS ON PRIVATE PROPERTY REGULATED Except as provided in Section 12.C.(1)(b) above, in a residential zoning district, as defined by the Comprehensive Zoning Ordinance of the city, a person commits an offense if he/she parks or leaves unattended a mobile home, motor home, travel trailer, recreational vehicle, boat, boat trailer, stock trailer, or any other type of trailer or similar motor vehicle for a continuous period longer than twenty-four (24) hours in front of the front building line of such property, as the term "front building line" is defined by the Comprehensive Zoning Ordinance of the city. In a residential zoning district, as defined by the Comprehensive Zoning Ordinance of the city, a person commits an offense if he parks or leaves unattended a mobile home, motor home, travel trailer, recreational vehicle, boat, boat trailer, stock trailer, or any other type of trailer or similar motor vehicle on any surface other than concrete, asphalt, or other hard surfaced, durable material approved by the city engineer." SECTION III That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION IV Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION V Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION VI 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 Board of Commissioners of the City of University Park, Texas, on the 21st day of July, 1987. APPROVED: C I T~ANAGER- C L~~ ORDINANCE NO. 77/32 (AMENDMENT NO. 69) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY SO AS TO GRANT A SPECIFIC USE PERMIT TO PROVIDE UTILITIES IN AN ACCESSORY BUILDING IN A SINGLE FAMILY DWELLING DISTRICT ON PROPERTY DESCRIBED AS THE EAST THIRTY-SIX (36) FEET OF LOT 10 AND THE WEST FIFTY- FOUR (54) FEET OF LOT 11, BLOCK K, ARMSTRONG FAIRWAY ADDITION; PROVIDING SPECIAL CONDITIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of University Park, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY TRE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park to grant a Specific Use Permit (SUP-38) for the installation of plumbing facilities in an existing one (1) story accessory structure on property zoned for Single Family Dwelling District uses, said property being described as the east thirty-six (36) feet of Lot 10 and the west fifty-four (54) feet of Lot 11, Block K, Armstrong Fairway Addition to the City of University Park, and being more commonly known as 4323 McFarlin Boulevard. SECTION II That the above described property shall be used only in the manner and for the purposes provided in the Comprehensive Zoning Ordinahce of the City, as amended herein by the granting of this zoning classification, and subject to the following special conditions: A. There may be constructed in the accessory structure one (1) tub/shower, one (1) comnode, one (1) lavatory, one (1) hot water heater, and one (1) sink. B. That structure be limited to an apartment for a member of the family residing at 4323 McFarlin Boulevard. C. That such accessory structure shall never be rented, bartered, or exchanged for services with any person other than a member of the immediate family residing at 4323 McFarlin Boulevard. SECTION III Ail ordinances of the City in conflict with the provisions of this ordinance 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 IV Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION V Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as anended 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 One Thousand Dollars ($1,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION VI This ordinance shall take effect imnediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 21st day of July, 1987. APPROVED: ORDINANCE NO. 87/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1987 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: · SECTION I THAT, for the year 1987, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1987, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of forty-one and thirty-six one hundredths cents ($.4136) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3365 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0771 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1987 tax year, the Board of Commissioners authorizes a general homestead exemption of thirty percent (30%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1987 levy. PASSED AND APPROVED this 18th day of August, 1987. ATTEST: CITY MANAGER-CLERK ORDINANCE NO. 87/18 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager-Clerk as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1987, and ending September 30, 1988, under full compliance with budgetary requirements of Article 689a-13, Vernon's Annotated Civil Statutes. the law. THAT, the Assistant SECTION II preliminary budget was filed in the office of City Clerk on July 16, 1987, as required by SECTION III THAT, a notice of a public hearing for August 18, 1987 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of the budget of the City of University Park is marked and filed in the office of the Assistant City Clerk, is attached hereto by reference as Exhibit "A", made a part hereof for all purposes, and adopted as the official budget of the City of University Park, Texas, for the fiscal year beginning October 1, 1987, and ending September 30, 1988. PASSED AND APPROVED this 18th day of August, 1987. CITY MANAGER-CLERK ORDINANCE NO. 87/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 4.A, SUBSECTIONS (1)(d) (e), (2)(a)(b), AND (3) OF THE CODE OF ORDINANCES IN REGARD TO SEWER SERVICE CHARGES AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 4.A.,~ Subsections (1) (d)(e), (2) (a)(b), and (3) are hereby amended to read as follows: SECTION 4: SEWER SERVICE CHARGES A. The following sewer service charges are hereby established: (i) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (d) There shall be an eight dollar and eighty-five cent ($8.85) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (2) (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at ninety-five cents ($0.95) per thousand gallons-per-month per unit for the sewer fee. For each business and commercial establishment of any nature, plus public institutions such as schools and churches: (a) An eight dollar and eighty-five cent ($8.85) minimum up to two thousand (2,000) gallons of water used per month; and (3) (b) One dollar and twenty cents ($1.20) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. For service to Southern Methodist University, one dollar and ten cents ($1.10) per one thousand (1,000) gallons of water used per month, but that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceeding October, November, December, January, February, and March. SECTION II THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. SECTION III THAT, the service charges specified above shall be in full force and effect on October 1, 1987. PASSED AND APPROVED this ATTEST: '~ CITY MANAGER-CLERK 18th ~of August, 191~~. ORDINANCE NO. 87/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING THE INSTALLATION OF ELECTRONIC TRAFFIC CONTROL LIGHTS OR SIGNALS AT THE INTERSECTIONS OF DOUGLAS AVENUE AND UNIVERSITY BOULEVARD, PRESTON ROAD AND ST. ANDREWS DRIVE, PRESTON ROAD AND CENTENARY DRIVE, AND PRESTON ROAD AND SHERRY LANE (CITY OF DALLAS); PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That in accordance with the provisions of Chapter 10, Section 16, of the University Park City Code, the Board of Commissioners hereby designates the following intersections at which traffic shall be controlled by electronic traffic control lights or signals, to wit: A. DOUGLAS AVENUE and UNIVERSITY BOULEVARD; B. PRESTON ROAD and ST. ANDREWS DRIVE; C. PRESTON ROAD and CENTENARY DRIVE; D. PRESTON ROAD and SHERRY LANE (at point where city limits of University Park abut city limits of City of Dalas). SECTION II It shall be unlawful and an offense for any operator of any motor vehicle to fail to obey the instructions of any official traffic control device placed in accordance with the provisions of this ordinance and the University Park City Code, unless otherwise directed by a traffic or police officer, and subject to the exceptions granted the driver of an authorized emergency vehicle. SECTION III The provisions of this ordinance shall be enforced at such time as an official traffic control device is erected in proper position and sufficiently legible to be seen by an ordinarily observant person. SECTION IV Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdeneanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be fined in an amount not to exceed the sun of Two Hundred Dollars ($200.00) for each offense. SECTION V This ordinance shall take effect immediately from and after its passage and the publication of the caption as the ~' law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 18th day of August, 1987. CITY MANAGER-CLERK ATTEST: ORDINANCE NO. 87/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES BY AMENDING SECTION 6 TO PROVIDE HOLIDAYS FOR EMPLOYEES, AMENDING SECTION 7 TO PROVIDE VACATION BENEFITS, AMENDING SECTION 8 TO PROVIDE SICK LEAVE BENEFITS; PROVIDING THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 8, "Personnel," Sections 6, 7 and 8 in part as follows: SECTION 6: CHAPTER 8 PERSONNEL OFFICIAL EMPLOYEE HOLIDAYS The following days shall be officially observed by the officers and employees of the city: (8) The afternoon of the thirty-first day of December, designated as New Year's Eve. (9) One floating holiday each year to be used at the choice of the employee. Such floating holiday will not be available to any employee until such employee has been on the payroll for at least six (6) months. SECTION 7: EMPLOYEE VACATION BENEFITS Ail employees shall be granted paid vacation according to the following schedule: Length of Service Vacation Hours with City Regular Firemen Vacation Hours/Week Regular Firemen 6 mos. - 5 years 88 132 1.69 2.54 6 - 10 years 104 156 2.00 3.00 11 - 15 years 120 180 2.31 3.47 16 - 20 years 136 204 2.62 3.93 21 + years 160 240 3.08 4.62 Additional vacation days may be gained by employees who do not use their sick leave. Vacation time may be added according to the following schedule: Sick Leave Hours Used in a Year Vacation Hours Added Regular Regular 0 hours Up to 8 hours Over 8 up to 16 hours Over 16 hours 24 16 8 0 Sick Leave Hours Used ]n a Year Firefi~hters 0 hours Up to 12 hours Over 12 up to 24 hours Over 24 hours Vacation Hours Added Firefighters 36 24 12 0 SECTION 8: EMPLOYEE SICK LEAVE BENEFITS Sick leave for all employees except firefighters shall be accumulated on the basis of 1.85 hours for each full week of employment (12 days per year). Accrual of sick leave shall be unlimited. Sick leave for firefighters shall be accumulated on the basis of 2.59 hours for each full week of employment. Accrual of sick leave shall be unlimited. The city manager/clerk shall see that a complete and comprehensive sick leave record is kept for each employee that will accurately reflect the net sick leave accumulated. SECTION II That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION IV This ordinance shall take effect September 30, 1987. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 18th day of August, 1987. APPROVED: ATTEST: CITY MAN~ER-CLERK ORDINANCE NO. 87/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED UNIVERSITY PARK, TEXAS: THAT, Chapter 8, BY THE BOARD OF COMMISSIONERS OF THE CITY OF SECTION I Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIR./CITY ENGINEER FINANCE DIRECTOR OPERATIONS MANAGER ADMINISTRATIVE ENGINEER FIRE MARSHAL/ASST. FIRE CHIEF ASSISTANT POLICE CHIEF PARKS DIRECTOR POLICE CAPTAIN DEPUTY FIRE CHIEF/TRAINING OFF. PURCHASING/PERSONNEL DIRECTOR ASSISTANT FINANCE DIRECTOR BUILDING OFFICIAL TRAFFIC CONTROL SUPERVISOR SANITATION SUPERINTENDENT QUALITY CONTROL OFFICER GARAGE FOREMAN ADM.ASSISTANT-FINANCE DEPT. ADM.ASSISTANT-PARKS STREET FOREMAN UTILITY FOREMAN BUYER WATER DEPARTMENT MANAGER ADM.ASSISTANT-PUBLIC WORKS ASSISTANT CITY CLERK 864 E 3,795 4,743 5,692 864 E 3,795 4,743 5,692 725 E 3,342 4,178 5,013 657 E 3,121 3,901 4,681 657 E 3,121 3,901 4,681 611 E 2,971 3,714 4,457 611 E 2,971 3,714 4,457 539 E 2,737 3,421 4,105 516 E 2,662 3,327 3,993 516 E 2,662 3,327 3,993 479 E 2,541 3,177 3,812 464 E 2,492 3,115 3,738 421 E 2,352 2,940 3,529 421 E 2,352 2,940 3,529 421 E 2,352 2,940 3,529 393 E 2,261 2,827 3,392 366 E 2,173 2,717 3,260 332 E 2,063 2,578 3,094 318 E 2,017 2,521 3,025 313 E 2,001 2,501 3,001 301 E 1,962 2,452 2,942 298 E 1,952 2,440 2,928 298 E 1,952 2,440 2,928 291 E 1,929 2,411 2,894 259 E 1,824 2,281 2,737 CLERICAL EMPLOYEES TITLE POINTS GRADE MINIMUM MIDPOINT MAXIMUM WAREHOUSEMAN PUBLIC SAFETY DATA SPECIALIST SENIOR COURT CLERK DATA ENTRY CLERK TAX CLERK CASHIER CLERK WORD PROCESSING CLERK COURT CLERK POLICE SECRETARY CLERK SERVICE CENTER SECRETARY UTILITY/MAIL CLERK RECEPTIONIST 245 C 56 1,574 1,889 2,204 216 C 55 1,474 1,769 2,064 216 C 55 1,474 1,769 2,064 191 C 54 1,383 1,666 1,949 160 C 53 1,275 1,537 1,798 143 C 52 1,222 1,467 1,712 143 C 52 1,222 1,467 1,712 143 C 52 1,222 1,467 1,712 143 C 52 1,222 1,467 1,712 143 C 52 1,222 1,467 1,712 143 C 52 1,222 1,467 1,712 119 C 51 1,140 1,368 1,596 119 C 51 1,140 1,368 1,596 LABOR TITLE POINTS GRADE MINIMUM MIDPOINT MAXIMUM UTILITY WORKER I LEAD MECHANIC TRAFFIC SIGNAL FOREMAN BUILDING INSPECTOR ASSISTANT BUILDING OFFICIAL MECHANIC/WELDER LAYOUT WELDER GARDENER I ANIMAL CONTROL OFFICER SANITATION CREW LEADER PARK MECHANIC MECHANIC UTILITY WORKER II NIGHT MAINTENANCE SIGN MAKER DISPATCHER PEST CONTROL OFFICER FACILITIES MAINT.TECHNICIAN NIGHT MAINT. ASSISTANT ENVIRON. HEALTH OFFICER TIRE REPAIR MAN TRANSFER DRIVER TRAFFIC TECHNICIAN WELDER UTILITY WORKER III COMMERCIAL DRIVER ASSISTANT WAREHOUSEMAN GARDENER II LUBEMAN WELDER HELPER SIGN/STREET PAINTER RESIDENTIAL DRIVER/SWEEPER SANITATION HELPER JANITOR GARDENER III UTILITY WORKER IV 269 L 57 1,693 2,031 2,370 245 L 56 1,604 1,925 2,246 245 L 56 1,604 1,925 2,246 216 L 55 1,497 1,796 2,095 216 L 55 1,497 1,796 2,095 216 L 55 1,497 1,796 2,095 216 L 55 1,497 1,796 2,095 216 L 55 1,497 1,796 2,095 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 191 L 54 1,404 1,685 1,966 160 L 53 1,289 1,547 1,805 160 L 53 1,289 1,547 1,805 160 L 53 1,289 1,547 1,805 160 L 53 1,289 1,547 1,805 160 L 53 1,289 1,547 1,805 160 L 53 1,289 1,547 1,805 143 L 52 1,227 1,472 1,717 143 L 52 1,227 1,472 1,717 143 L 52 1,227 1,472 1,717 143 L 52 1,227 1,472 1,717 143 L 52 1,227 1,472 1,717 143 L 52 1,227 1,472 1,717 119 L 51 1,138 1,365 1,593 119 L 51 1,138 1,365 1,593 99 L 50 1,064 1,277 1,489 99 L 50 1,064 1,277 1,489 99 L 50 1,064 1,277 1,489 99 L 50 1,064 1,277 1,489 POLICE OFFICERS POLICE LIEUTENANT PATROL OFFICER INVESTIGATORS Step 1 Step 2 Step 3 2,522 2,648 2,754 Step 1 Step 2 Step 3 Step 4 Step 5 1,976 2,075 2,179 2,287 2,402 Special assignment pay month added to rank pay. of $50.00 per FIRE DEPARTMENT CAPTAIN LIEUTENANT DRIVER ENGINEER DRIVER II HOSEMAN PARAMEDIC-LIEUTENANT PARAMEDIC EMT FIRE INSPECTOR STEP 1 STEP 2 STEP 3 STEP 4 2,828 2,969 - - 2,565 2,692 - - 2,442 - - - 2,326 - - - 1,914 2,010 2,110 2,216 $ 150.00 per month assignment pay $ 100.00 per month assignment pay $ 25.00 per month assignment pay 2,174 2,283 2,397 2,516 PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM ADMINISTRATIVE INTERN POOL MANAGER LIFEGUARD SCHOOL CROSSING GUARD WAREHOUSE ASSISTANT PARK LABORER - 9.23 7.50 9.00 4.50 6.50 4.50 6.50 4.50 6.50 4.50 6.50 PAY PLAN ADMINISTRATION (a) Non-uniformed Pay Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit or above average performance. Merit employees will receive an increase on October 1 based on their performance appraisal. Employees with an above average appraisal will receive a 3% of mid-point increase. Employees with an outstanding performance appraisal will receive a 5% of mid-point increase. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Effective October 1, 1987, Paramedic- Lieutenant, Paramedic, and EMT positions will no longer be specified as rank but will be designated as assignment and will receive assignment pay as follows: Paramedic Lieutenant ............ $150.00 per month Paramedic ....................... $100.00 per month EMT ............................. $ 25.00 per month The assignment pay will be in addition to the pay allocated for the firefighter's rank at time of assignment. If, for example, a Hoseman receives training and is assigned as a paramedic, his/her pay would be that of a Hoseman plus $100.00 a month assignment pay. If a Driver/Engineer is assigned to be a Paramedic Lieutenant, he/she will receive the Driver/Engineer pay and $150.00 a month assignment pay. Subsequently, if a Paramedic Lieutenant decides, for some reason, he/she wishes to discontinue the assignment he/she will then revert back to previous rank and the assignment pay will be discontinued. The same is true if the reassignment is made with cause and/or in the best interest of the department. However, persons holding the rank of Paramedic Lieutenant or Paramedic prior to October 1, 1987 and are removed from their assignment, will be allowed to test for the Driver/Engineer rank; if he/she does not pass the test, he/she will be reclassified to the rank held previous to assignment as a Paramedic or Paramedic Lieutenant. PROBATIONARY PERIOD. The probationary period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a probationary period or prevents any department head or supervisor from delaying step raises or not giving step raises for just and compelling reasons. EMERGENCY SERVICE PLAN. Because of emergency conditions in the utility area, the utility supervisor will designate one three-person crew which is available for call for a week at a time (7 days), twenty-four (24) hours per day. For such availability, each member of such crew will receive up to thirty-eight dollars and fifty cents ($38.50). The amount of such bonus to be determined at the discretion of the Director of Public Works. Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed personnel in the Fire Department shall receive incentive pay for education in fire protection technology. This plan does not include the rank of Captain or higher. 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond basic should carry the following incentive pay: 1. Intermediate 2. Advanced 3. Master's Degree $25.00 per month $50.00 per month $75.00 per month No Fire Department personnel shall receive more than $100.00 per month of incentive pay. (b) Uniformed personnel in the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for educational incentive pay as follows: 1. Associate Degree 2. Bachelor's Degree $25.00 per month $50.00 per month In addition to the above, officers of the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for a certification pay incentive according to the TCLEOSE certification held by that officer: 1. Intermediate Certificate 2. Advanced Certificate $25.00 per month $50.00 per month No Police Department personnel shall receive more than $100.00 per month of incentive pay. EXCESS OF FORTY (40) HOURS. Ail employees not listed as exempt from overtime by Administrative Order PRS-4 shall receive pay at the rate of one and 1/2 times of base pay for all hours worked over forty (40) hours per week. Holidays will not count as a work day for the purpose of this section. COMPENSATORY PAY TIME. It is possible to give compensatory pay time as long as the comp time off is given within the pay period in which it is earned. All compensatory time must be approved by the department head and given to the payroll clerk for record keeping. Unless the department head and supervisor certify accrued comp time, no claims will be allowed. 10. APPLICATION OF PAY PLAN. applies only to regular overtime provisions. The pay plan, as outlined above, full-time employees except for the 11. PLAN INTO EFFECT. This October 1, 1987. amended ordinance is effective on 12. INTERPRETATION. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. PASSED AND APPROVED this 15th day of September, 1987. CITY M~ER- CLERK / ORDINANCE NO. 87/23 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 5, OF THE CODE OF ORDINANCES TO PROVIDE A SPECIAL EXPENSE OF TWENTY- FIVE DOLLARS ($25.00) FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST; AUTHORIZING COLLECTION OF A SPECIAL EXPENSE FOR SERVICES PERFORMED IN CASES IN WHICH DISMISSAL IS GRANTED FOR ATTENDANCE BY THE DEFENDANT AT A DEFENSIVE DRIVING COURSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 1, "General Provisions," Section 5, in part as follows: "SECTION 5: GENERAL PENALTY FOR VIOLATIONS OF CODE .... (Current Section 5) In addition to fines imposed by the judge of the municipal court, a special expense of twenty-five dollars ($25.00) shall be assessed against each defendant in a case where the issuance and service of a warrant of arrest is required for an offense under Section 38.11, Penal Code, or under Section 149, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes), or for failure to appear in response to a written promise contained in a personal bond given under the provisions of Article 17.04, Code of Criminal Procedure, provided that due notice has been given to the defendant, prior to the issuance and service of such warrant of arrest, that such special expense will be imposed. The municipal court shall also collect a special expense of ten dollars ($10.00) for services performed in cases in which the defendant is discharged by virtue of having attended, subsequent to the date of the alleged offense, a defensive driving course in compliance with the provisions of Subsection (a), Section 143(A), Article 6701d, Vernon's Texas Civil Statutes." SECTION II That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or action of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION IV This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 15th day of September, 1987. APPROVED: CLERK~~ ORDINANCE NO. 87/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX, AMENDING CHAPTER 6, SECTION 3.0. OF THE CODE OF ORDINANCES TO INCREASE THE HEALTH PERMIT FEE FOR FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR AN EFFECTIVE DATE; AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 6, Section 3.0. of the Code of Ordinances is hereby amended to read as follows: O. PERMIT FEE An annual fee of either (1) one hundred and seventy-five dollars [$175.00 for establishments under 2000 sq. ft. in area]; or (2) two hundred and seventy-five dollars [$275.00 for establishments 2000 sq.ft, or over] will be collected from each food service establishment for the initial permit and thereafter for the renewal of such permit. SECTION II THAT this section shall be in full force and effect on October 1, 1987, and after publication as provided by law. SECTION III ~HAT Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of October, 1987. ORDINANCE NO. 87/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX, AMENDING CHAPTER 6, SECTION 3.0. OF THE CODE OF ORDINANCES TO INCREASE THE HEALTH PERMIT FEE FOR FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR AN EFFECTIVE DATE; AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 6, Section 3.0. of the Code of Ordinances is hereby amended to read as follows: O. PERMIT FEE An annual fee of either (1) one hundred and seventy-five dollars [$175.00 for establishments under 2000 sq. ft. in area]; or (2) two hundred and seventy-five dollars [$275.00 for establishments 2000 sq.ft, or over] will be collected from each food service establishment for the initial permit and thereafter for the renewal of such permit. SECTION II THAT this section shall be in full force and effect on October 1, 1987, and after publication as provided by law. SECTION III THAT Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 20th day of October, 1987. CIT~ MANAGER- CLRR~ ORDINANCE NO. 87/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING SECTION 1.C.(1)(c) TO PROVIDE A PERMIT EXPIRATION DATE; AMENDING SECTION 1.C. (1)(d) TO PROHIBIT ISSUANCE OF A PERMIT TO ANY PERSON UNDER FOURTEEN (14) YEARS OF AGE; AMENDING SECTION 1.C.(8) TO PROVIDE A PERMIT EXPIRATION DATE OF NINETY (90) DAYS FROM THE DATE OF ISSUANCE; AUTHORIZING THE REFUSAL OF ISSUANCE OF A PERMIT OR REVOCATION OF AN EXISTING PERMIT ON ACCOUNT OF FRAUD, MISREPRESENTATION, CONVICTION OF A FELONY OR A MISDEMEANOR INVOLVING MORAL TURPITUDE OR FAILURE TO FURNISH ITEMS REQUIRED BY THIS CHAPTER; AMENDING CHAPTER 7, SECTION 8.D., OF THE CODE OF ORDINANCES TO REGULATE THE DISTRIBUTION OF HANDBILLS IN PUBLIC PLACES; PROVIDING A SEVERABIL- ITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 4, "Business Regulations," Section 1.C, in part as follows: CHAPTER 4 BUSINESS REGULATIONS SECTION 1: PEDDLERS AND SOLICITORS C. PERMITS (1) Permit Required (c) Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this chapter, and such permit shall indicate the hours when peddling, solicitation, and selling within the city is permitted in accordance with the provisions of this chapter. (d) A permit shall not be issued to any person under fourteen (14) years of age. (4) Investigation Fee A fee of twenty-five dollars ($25.00) for investigation shall be charged which shall not be prorated and shall be paid at the time application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. (5) Investigation of Applicant It shall be the investigate each permit. duty of the chief of police to applicant before issuance of a (6) Issuance of Permit It shall be the duty of the chief of police to issue or refuse to issue such permit not earlier than five (5) days nor later than two (2) weeks from the time the application therefor is received by him. All the permits shall expire within ninety (90) days from the date of issuance. The chief of police may refuse to grant a permit if he discovers, in the course of his investigation, that the applicant has committed fraud, misrepresentation, been convicted of a felony or a misdemeanor involving moral turpitude, or has failed to furnish items required by this chapter in his permit application. (9) Revocation of Permit If, after the permit required by this section has been issued, the chief of police finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has lead someone to believe the permit is an endorsement of the applicant's product or service by the city, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this chapter, such permit may be revoked by the chief of police. (10) Appeals if Permit Denied If the chief of police refuses to issue the permit required by this section, the applicant shall have the right to appeal to the board of commissioners. (11) Exemptions The following persons engaged in the activities set out in paragraphs (a) through (g) below in the City of University Park shall first register with the chief of police by filling out a form to be promulgated by the chief of police in accordance with the provisions of this chapter and by furnishing proof that he is actually engaged in such activity in the city, and the chief of police shall issue to such person a registration certificate exempting him from the terms and conditions of this section and from paying a fee therefor, namely: Before making any solicitation, the persons listed above must obtain the registration certificate provided above from the chief of police and exhibit the same to any person who requests such identification. SECTION II 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 7, "Offenses and Nuisances," Section 8(B), as follows: SECTION 8: D. DISTRIBUTING CHAPTER 7 OFFENSES AND NUISANCES COMMERCIAL HANDBILLS IN PUBLIC PLACES HANDBILLS PROHIBITED A person commits an offense if he distributes or hands out a commercial handbill in any public place in the city. SECTION III That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION IV Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION V Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION VI This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 20th day of October, 1987. C I TY~ANAGER- CL~,RK/ ORDINANCE NO. 87/26 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 12 TO THE "REVISED CODE OF ORDI- NANCES OF THE CITY OF UNIVERSITY PARK, 1981", AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981" has been revised by Supplement No. 12. NOW, THEREFORE, BE IT ORDAINED by the Board Commissioners of the City of University Park, Texas: of SECTION I THAT, Supplement No. 12, which contains all General Ordinances through Ordinance No. 87/23 of September 15, 1987, and Zoning Ordinance amendments through Ordinance No. 77/328 (Amendment No. 67) of February 17, 1987 to the "Revised Code of Ordinances of the City of University Park, 1981" is hereby adopted. SECTION II THAT, for Supplement No. 12 to the Code the provisions of Chapter 1, Section 5 (General Penalty for Violations of the Code) and Section 6 (Severability of Parts); or of Appendix A, Section 22-100 (Penalty for Violations) of the Code of Ordinances, City of University Park, Texas, shall apply. PASSED AND APPROVED this 17th day of November, 1987. CITY ~ANAGER- CLERK/ ORDINANCE NO. 87/27 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, ADDING CHAPTER 12 (SIGN REGULATIONS) TO THE CODE OF ORDINANCES; INCLUDING GENERAL PROVISIONS, REGULATIONS FOR RESIDENTIAL AND NON-RESIDENTIAL ZONES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT a new chapter to be numbered Chapter 12 is hereby added to the Code of Ordinances of the City of University Park, which such chapter shall read as follows: CHAPTER 12 SIGN REGULATIONS SECTION 1: GENERAL PROVISIONS A. OBJECTIVES AND PURPOSE The principal objectives and purpose of this Chapter of the Code of Ordinances are: (1) to provide a reasonable system for the control of signs; (2) to encourage signs which are well designed and pleasing in appearance; (3) to encourage a desirable urban character compatible with the general environment of University Park, which has a minimum of overhead clutter; (4) to enhance the economic value of the community through location and design of signs; (5) to provide for signs the principal purpose of which will be to furnish information necessary for business and commerce; (6) to reduce possible traffic and safety hazards through good signing; and (7) provide for proper sign area and height with relation to viewing distance and other circumstances. B. DEFINITIONS For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (i) Address Sign shall mean a sign denoting the street address number and/or name of the owner of property. (2) Alterations shall mean any change in copy, content, color, size, shape, position, location, construction, or supporting structure. (3) Area of Sign shall mean the area included within the outer dimensions of a sign, including those portions of the frame or support structure which (a) border or adjoin the face of the sign, or (b) are of a size, dimension or configuration which is intended to attract attention or are in excess of that necessary to support the sign. In the case of a multiple-faced sign, each face shall be deemed to be a separate sign for the purposes of determining sign area, i.e. each face is entitled to the allowable sign area. If a sign is placed on a wall or other surface, or if letters or other portions of the sign are supported individually, without any border, the area shall be computed by enclosing the entire sign within sets of parallel lines. The portion of the sign represented by a logo shall be calculated by enclosing the logo in geometrical figures from which the total area may be calculated. (4) Awning shall mean a projecting overhang of a rigid frame but otherwise composed of flexible canvas, nylon or similar material. (5) Building shall mean any structure used or intended for supporting or sheltering any use or occupancy. (6) Building Identification Sign shall mean a sign displaying the name and/or address of a building, which sign is located on the same site as the building. (7) Building Official shall mean that person designated as such according to the Zoning Ordinance of the City of University Park and, if no one is so designated, then the person charged with the administration of the zoning and building codes of the City of University Park, Texas. (8) Business Identification Sign shall mean a sign displaying the name of the business to which it pertains and/or the names or description of the products or services sold or offered by such business at the site on which the business and sign are located. (9) City Manager shall mean the chief administrative officer of the City of University Park, Texas. (10) Construction Sign shall mean a sign stating the names of those individuals or businesses directly connected with a construction project, or with any maintenance or improvement activity on a property including financial institutions, general and subcontractors, architectural and engineering firms, painting, roofing and landscaping firms, and all such parties, addresses and telephone numbers. (11) Environmental Standards Committee shall mean that advisory committee appointed from time to time by the Board of Commissioners of the City. (12) Face, Sign Face, or Face of a Sign shall mean any plane or other side of a sign which is painted or stained or lighted or has lettering or is illustrated, separately or in combination, to attract attention. In the case of a side other than a plane, the area thereof shall be computed as including only the minimum single display surface which is visible from any one position from which persons might usually view the same. (13) Garage Sale or Estate Sale signs shall mean signs advertising the sale by the homeowner of items of personal property and containing only the words "Garage Sale" or "Estate Sale". (14) Glass Frontage shall mean that total area of the front and side of a building (i) facing or abutting a public street or courtyard or parking area, (ii) utilized by a particular business and (iii) consisting of windows, show windows or other glass covered space, through which the interior of the building is visible. (15) Grade shall mean the level of the public sidewalk at the closest distance to the sign, or ground level at the wall to which a sign may be attached, whichever is higher. (16) Ground Sign shall mean a sign which is supported by one or more uprights, braces, pedestal or other solid foundation in or upon the ground. It may be a two (2) face sign and shall also include signs sometimes referred to as "post signs" or "monument signs" or "pole signs". (17) Illuminated Sign or Lighted Sign are terms which may be used interchangeably and shall refer to any sign which has a source of light, either internal or external, for the purpose of illuminating such sign. (18) Lost Pet Sign shall mean a sign indicating the loss of a pet, giving a description thereof and the address and phone number of the owner. (19) Marquee or Projecting Overhang shall mean a permanent roof-like extension from a portion of the building below the roof line composed of rigid material. (20) Political Sign shall mean a temporary sign indicating the name and/or picture of an individual seeking election or appointment to a public office, or relating to a forthcoming public election or referendum, or pertaining to the advocating by persons, groups, or parties of political views or policies. (21) Projecting Sign shall mean a sign which projects from and is supported by a wall of a building with the display surface of the sign in a plane other than a plane parallel to the wall. (22) Real Estate Sign (such as a "for sale sign", "for lease sign", "for rent sign", etc.) shall mean a sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease, or rent, and containing any of the following information: a description of the premises offered for sale, lease, or rent, special facilities or appurtenances, and the name, address and telephone number of the owner, broker, or other person offering the same for sale, lease, or rent. The sign may include information with respect to the availability of special financing, and information indicating a pending contract or the fact that the property is sold. (23) Roof Sign shall mean a sign located upon and above the roof of any building. (24) Security Protection Sign shall mean a sign indicating that the premises are protected by a security alarm system. (25) Shopping Center shall mean any identifiable area or group of buildings or stores commonly referred to as "shopping centers" with one or more retail businesses having their principal or main entrance off and adjacent to parking areas or parking facilities, and shall include any area so designated by the Building Official or any pedestrian arcade, courtyard, promenade, or mall, whether covered by a roof or not, within or between any structures or buildings, upon which the principal or main entrance to one or more retail business therein are located. (26) Sign shall mean any writing, name, number, figure, character outline, emblem, graphic, window etching, stained or painted glass, mark, logo, mural, symbol, spectacle, display, delineation, announcement, advertising, billboard, signboard, flag, banner, pennant, bunting, device, appliance, structure erected for the purposes of supporting a sign, or any other thing of similar nature designed to attract attention outdoors, in or on any face or wall, window, or store front of any building, or on any pole or other form of support or structure and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and support or anchorage thereof. The 3 following shall not be deemed to be included within the definition of "sign": (a) Signs of a duly constituted governmental body including, but not ~limited to, traffic or similar regulatory devices, other devices required by law, and warnings at railroad crossing; (b) Signs required to be maintained by law or governmental order, rule, or regulation provided that the total surface area of all such signs on any one lot or parcel does not exceed ten (10) square feet or as required by State Law; (c) Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cable; (d) Signs upon a vehicle provided that any such vehicle with signs thereon is not conspicuously parked or left standing for advertising purposes so as to constitute a device or other type of sign pursuant to the definition of a sign. (e) Signs not more than' two (2) in number and noticing or soliciting the sale, lease, or hire of a vehicle to which such signs are attached if such signs are nine (9") inches by twelve (12") inches or less; and (f) Signs located inside a building or structure provided the sign is not so located as to be visible and readable without intentional and deliberate effort from outside the building or structure. Barber poles of the traditional type and design not exceeding three (3') feet in height (vertical portion of the pole) and not erected so as to extend more than twelve (12") inches from the front of the building to which it is attached. (h) Noncommercial commemorating or occasion days. decorations a generally for periods in a residential zone recognized seasonal event not to exceed thirty (30) (i) Commemorative or historical markers which have been approved by the Board of Commissioners of the City. (27) Site shall mean all of that contiguous ground area legally assembled into or as part of one building or business location, or one residence. (28) Wall Sign shall mean a sign which is affixed to (or painted on) an exterior wall of any building or structure with the display surface of the sign in a plane parallel to the plane of said wall. (29) The City shall mean and refer to the City of University Park, Texas. C. PERMITS REQUIRED It shall be unlawful to erect, re-erect, construct, alter, or maintain any sign except as provided by Chapter 12 and pursuant to a required permit for the same issued by the Building Official. Except as hereinafter provided, a permit shall be required for each sign. In addition, electrical permits shall be obtained for lighted or illuminated signs, and building permits shall be obtained for sign structures. A permit for alteration of a sign which involves only a change in copy, content or color and which does not involve any change in any part of the structure or lighting of the sign itself shall not be denied on the basis that the sign is otherwise nonconforming, if such sign was erected in accordance with applicable City Ordinances. PERMITS NOT REQUIRED The following of Chapter 12 therefor: shall be subject to all other requirements even though a permit shall not be required (1) Maintenance and repairs to existing signs for which a valid permit was obtained if required at the time of the initial installation; (2) Repainting without the alteration of existing signs for which a valid permit was obtained if required at the time of the initial installation; (3) Signs for public safety and convenience or those required for the enforcement of private property rights, such as "Entrance", "Parking", "No Trespassing", or "No Parking" provided not more than one (1) such sign is maintained on each street, courtyard, or alley frontage on each site area and provided such signs do not exceed 150 square inches in area in any residential zone or four (4) square feet in any non-residential zone; (4) Public notice signs, such as notices to remove weeds; (5) Flags as permitted by subsection (3) of Section 1.L.; (6) Political signs; (7) Garage sale or estate sale signs; (8) Lost pet signs; (9) Real estate signs; (10) Address and security protection signs. (11) Certain temporary window signs 3.I. pursuant to Section (12) Construction signs. (13) Changes in copy or content of theater signs and off premises signs which were not constructed in violation of any ordinance. PERMIT APPLICATIONS Applications for sign permits shall be made in writing upon forms furnished by the Building Official. Such applications shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the person or business erecting the sign. Plans and specifications showing all pertinent sign information shall be submitted with the permit application. In addition, if the erection of the sign involves electrical wiring or connections, the electrical inspector of the City shall examine the plans and specifications for compliance with the City's electrical code, and shall approve or disapprove prior to final approval or disapproval by the Building Official. The application shall include a provision whereby the owner of the property on which the sign is to be located consents to its erection and agrees to remove the sign and which does not involve any change in any part of the structure or lighting of the sign itself shall not be denied on the basis that the sign is otherwise nonconforming, if such sign was erected in accordance with applicable City Ordinances. PERMITS NOT REQUIRED The following of Chapter 12 therefor: shall be subject to all other requirements even though a permit shall not be required (i) Maintenance and repairs to existing signs for which a valid permit was obtained if required at the time of the initial installation; (2) Repainting without the alteration of existing signs for which a valid permit was obtained if required at the time of the initial installation; (3) Signs for public safety and convenience or those required for the enforcement of private property rights, such as "Entrance", "Parking", "No Trespassing", or "No Parking" provided not more than one (1) such sign is maintained on each street, courtyard, or alley frontage on each site area and provided such signs do not exceed 150 square inches in area in any residential zone or four (4) square feet in any non-residential zone; (4) Public notice signs, such as notices to remove weeds; (5) Flags as permitted by subsection (3) of Section 1.L.; (6) Political signs; (7) Garage sale or estate sale signs; (8) Lost pet signs; (9) Real estate signs; (10) Address and security protection signs. (11) Certain temporary window signs 3.I. pursuant to Section (12) Construction signs. (13) Changes in copy or content of theater signs and off premises signs which were not constructed in violation of any ordinance. PERMIT APPLICATIONS Applications for sign permits shall be made in writing upon forms furnished by the Building Official. Such applications shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the person or business erecting the sign. Plans and specifications showing all pertinent sign information shall be submitted with the permit application. In addition, if the erection of the sign involves electrical wiring or connections, the electrical inspector of the City shall examine the plans and specifications for compliance with the City's electrical code, and shall approve or disapprove prior to final approval or disapproval by the Building Official. The application shall include a provision whereby the owner of the property on which the sign is to be located consents to its erection and agrees to remove the sign and Fe supporting structure in the event the business so identified or whose products or services are thus described has ceased or discontinued use of the building for a period of ninety days or more, and said owner shall sign the application. The plans and specifications shall include the following: (i) Two copies of a scaled drawing showing the complete elevation of the building on which the sign is to be placed; such drawing shall include all exterior dimensions of the structure. Superimposed on this drawing shall be the proposed sign drawn to scale showing the dimensions, type and size of lettering and .all colors to be used. The drawing shall be drawn to the following scale or as approved by the Building Official: 1/4" equals 1'0" for structures up to forty feet (40') in height. 1/8" equals 1'0" for structures which exceed forty feet (40') in height. (2) A separate drawing to a scale of 1/2" equals 1'0" of the proposed sign. This drawing shall also contain all dimensions, size, and color of lettering. (3) Color photographs shall be facade of the building on placed, together with all building. submitted showing the which the sign is to be existing signs on the (4) The drawing for all signs which are to be illuminated shall show the location of electrical outlets, conduits, and lighting sources. The plan shall also indicate the intensity of illumination, which shall not exceed the maximum specified herein, and the Building Official shall require certification thereof by a lighting consultant or an electrical engineer. (5) The drawing shall indicate the method of fastening the sign to the building. GRANTING AND REVOCATION OF PERMITS The Building Official, before granting a permit for the erection, construction, reconstruction, repair, or alteration of any sign, will determine that the proposed sign conforms to all applicable laws and regulations, including, without limitation, those with respect to design, construction, location and materials. Any such permit may at any time be revoked should any of the provisions of Chapter 12 be violated. EFFECT OF PERMITS The granting of a permit shall not be construed to be a permit for, or an approval of, any violation of the provisions of any law or regulation of the City. CORRECTIONS~ STOPPING OF WORK The granting of a permit shall not prevent the Building Official from thereafter requiring the correction of errors in the work or from preventing further work being done thereunder when such work is in violation of the provisions of any regulation or law of the City. PERMIT FEES (i) A sign permit shall not become valid until the applicant has paid to the City the appropriate fee according to the following schedule: 6 Ke ne TYPE SIGN All VALUATION $ 0 - 500 501 - 1,000 1,001 - 2,500 2,501 - 5,000 5,000 or more PERMIT FEE $ 20.00 30.00 40.00 50.00 1% of value There shall be no fee for alterations involving only change in copy, content or color. Valuation shall mean the total cost of the sign or the value thereof if cost was not arrived at by transaction between independent parties. (2) A fee shall not be required for signs for which a permit is not required or for graphics, murals, etchings, or stained or painted glass that does not have a name, mark, logo, symbol, or commercial identification attached or associated therewith. (3) Whenever any sign for which a permit is required has been installed, replaced, or altered without first having obtained a permit, a special investigation consisting of inspection of the site, communication with the owner of the property or business and review of necessary records shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee shall be two (2) times the amount of the permit fee and shall not exceed Two Hundred .Fifty and no/100ths ($250.00) Dollars. The payment of such investigation fee shall not exempt any person from compliance with all the other provisions of Chapter 12 nor from any penalty prescribed by law. NONCONFORMING SIGNS Signs not in violation of any ordinance of the City at the time of the erection of same, which were intended to be and which are permanent from the consideration of their location, material, design and type of construction, and which do not constitute a hazard to public safety or a nuisance, but which do not conform to the requirements of this Chapter 12 may be maintained and may be replaced or re-erected with a "no cost" permit, if destroyed by fire, vandalism, windstorm or other natural forces or events beyond the control of the owner. If any such sign is (i) dismantled, (ii) removed, or (iii) destroyed other than by fire, vandalism, windstorm, or other natural forces or events beyond the control of the owner, it shall not be replaced, re-erected or re-built without a permit. MAINTENANCE OF SIGNS Ail signs shall be safe, clean, and in repair. maintained so as to be structurally a good state of maintenance and UNLAWFUL SIGNS (i) Posting on public places. It shall be unlawful for any person to post, suspend, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public to, over, or upon any street right-of-way (including the parkway except for address signs), public sidewalk, curb (except house numbers), lamp post, hydrant, 7 (2) (3) (4) (5) tree, electric light pole, telephone pole, telegraph pole, or upon any fixture of the alarm systems, telephone systems or similar or related systems involving governmental or public service of the City, or upon any public building or utility. (This subsection is not applicable to public convenience, safety and regulatory signs erected by the City). Posting on private premises. It shall be unlawful for any person to post, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public over or on private land, or to, at, from, or upon any post, fence, wall, building, structure, or any part of any building or structure located in or upon any private premises or property within the City, unless the written consent of the owner, agent, or occupant has first been obtained. Moving signs and flags. It shall be unlawful for any person to erect or install any sign which, in whole or in part, moves, rotates, flashes, reflects, blinks, or appears to do any of the foregoing, or which simulates motion in any manner, except that flags representing a governmental body or entity, or an institution, not exceeding three (3) in number and which flags shall not exceed twenty-four (24) square feet each, may be allowed for each street floor business, residence or institution. Such flags shall not be less than twelve (12') feet above grade in nonresidential zones, shall not exceed the height of the roof line of the principal structure located on the site and shall be mounted or supported in a manner approved by the Building Official to protect the health, safety, and welfare of the general public in accordance with the standards of construction set forth in Section 1.X. where applicable, and in a manner that they shall not encroach over or onto any public right-of-way. Flags identifying a building or a business or denoting a purely commercial message or constituting mere advertising shall not be allowed. For the purposes of this Chapter, moving signs shall be considered but not limited to the following: banners, pennants, flags, captive balloons, market quotations, time or temperature recording devices, clocks, signs which are constructed of or faced with scotch light or similar material, signs which change color, and signs where the intensity of lighting changes, or appears to change, including flashers and blinkers. Notwithstanding the above, flags flown or displayed on entities of Texas or universities, City, shall square feet. property owned or occupied by bodies or the City, Dallas County, the State of the United States government, or or any public school located in the not exceed one hundred and fifty (150) Prohibited support. A sign shall not be supported in whole or in part from any public utility installation or any tree on private premises. Electric Appurtenances. No exposed, visible electrical conduits, raceways, circuit breakers or other exposed electrical appurtenances shall be allowed, except as may be required by applicable law. (6) (7) (8) (9) Certain Construction Signs. Construction signs, as defined herein, or any other signs which may identify a contractor, subcontractor or other party connected with the project, in addition to any other restrictions concerning such signs, shall not be permitted on or near the construction site when attached to, painted or erected on temporary buildings or trailers used for offices, storage, on fences, unless such signs are for the purpose of constituting the allowable construction sign permitted by this ordinance and otherwise comply with the provisions of this ordinance. Movable Type. Signs with movable or changeable type shall not be allowed except for theaters, as provided for in Section 3.M. Special events. Notwithstanding other provisions of this Section 1.L., signs, bunting, flags, banners and other decorations, which would otherwise be in violation of this ordinance, may be permitted on a temporary basis for seasonal events, special occasions or local civic or community projects subject to the approval of the Building Official, for such periods as he may designate. Off Premises Signs (Billboards and Other Off-Premises Signs). Signs identifying, advertising or directing the public to a business, merchandise, service, institution, residential area, entertainment or commercial activity which is located, sold, rented, based, produced, manufactured, furnished or taking place at a location other than on the property or site where the sign is located, shall not be allowed. WALL SIGNS (i) Subject to the further provisions of this ordinance concerning permissible area of the sign or type of lighting, wall signs shall be permitted as follows: (a) Signs painted on the wall of a building. (b) Signs composed solely of individual letters provided that no portion thereof shall extend more than eight (8") inches from the wall or building or structure to which it is attached where the sign is eight (8') feet or more above grade, or more than three (3") inches from such wall where the sign is less than eight (8') feet above grade. (c) Signs other than those painted on a wall or composed solely of individual letters, provided that such signs: (i) If internally illuminated shall be constructed of metal with a matte finish including all faces, sides, backs and frames, with individually incised letters backed with plexiglass, and shall not extend more than six (6") inches from the wall to which it is attached. (ii) If not internally illuminated, shall be constructed of wood, metal with a matte finish, or fiberglass with a matte finish, and shall not extend more than three (3") inches from the wall to which it is attached. (2) Wall signs less than eight (8') feet above the grade shall not be illuminated. (3) Wall signs shall be placed on a wall parallel to the facing or abutting street. N. GROUND SIGNS Pe Ground signs are allowed under the provisions of this ordinance subject to restrictions as set forth under particular sections or sub-sections hereof. In addition, ground signs if internally lighted shall be constructed of metal with a matte finish, including all sides, faces, backs and frames thereof, with individually incised letters backed with plexiglass. Ground signs other than those internally lighted shall be constructed of wood, metal with a matte finish, fiberglass with a matte finish, stone, concrete, or brick. PROJECTING SIGNS (1) Projecting signs indicating the location of emergency medical facilities, public off-street parking or other similar public services in nonresidential zones are allowed but shall not project from the wall of the building or structure to which they are attached more than twenty (20") inches, shall not exceed six (6') feet in height. Projecting signs of this type less than twelve (12') feet above grade shall be prohibited. Permitted projecting signs may project over public sidewalks. (2) Projecting signs may be utilized as business identification signs in nonresidential zones provided that such signs (i) do not exceed eight (8) square feet in area and four (4) inches in thickness; (ii) are erected at least nine (9) feet above grade, (iii) project no more than four (4) feet from the building or one-third (1/3) the width of the sidewalk whichever is less, (iv) shall be pinned at least six (6) inches away from the wall, (v) are mounted with connectors which are an integral part and in keeping with the overall design of the sign, (vi) shall not be internally illuminated, (vii) are erected so that the structural elements shall not be exposed unless the same are an integral part and in keeping with the overall design and theme of the sign, and (viii) are mounted or erected at the midpoint of the street frontage of the business and/or the side wall of such business if it abuts a public street other than the one faced by the principal entrance of the business. Only one projecting sign per ground floor business shall be allowed except for an additional sign on an abutting street as referred to; provided, however, a secondary projecting sign not exceeding three (3) square feet in area and erected between eight (8) and eleven (11) feet above grade and otherwise mounted as set forth above, shall be allowed. Projecting signs may be constructed of metal, wood or fiberglass with a matte finish. Principal projecting signs allowed under this sub paragraph shall be in lieu of any other permanent type sign for a particular business, except for wall signs permitted under sub-paragraphs (c) and (d) of Section 3.D.(3) hereof. A business therefore may not have both a principal projecting sign and a wall sign. SIGNS ON MARQUEES, PROJECTING OVERHANGS AND AWNINGS No portion of a marquee, projecting overhang or awning (all sometimes hereinafter referred to as "projecting 10 Ro Se extensions"), if used as a sign, or as the supporting structure of a sign, and no sign affixed thereto, shall extend beyond a vertical plane with a one (1') foot setback from the curb, and no vertical fascia, valance or other front facing portion of a projecting extension shall exceed eighteen (18) inches in height. The permitted building or business identification sign for the site or any portions thereof may be painted or stitched on the projecting extension if an awning, or painted on or affixed as individual letters to the projecting extension if a marquee or projecting overhang, but only on that portion parallel (or generally so depending on the configuration of the projecting extension) to the wall of the building. No letters, numbers or logos or any part of a sign may extend above or below the vertical portion of the projecting extension except insofar as they may conform to and be a part of the configuration or curvature of the projecting extension. No wood, paper, clock, or temporary signs shall be hung or attached to a projecting extension. Not withstanding the above, if a projecting extension does not extend beyond four (4) feet from the wall of the building, the portion thereof perpendicular to the wall may be used for a secondary business identification sign not exceeding three (3) square feet in area. SIGNS PROJECTING ABOVE BUILDINGS Signs shall not be erected or installed on the roof of any building, and shall not extend above the roof of the building to which it is attached except: (1) When it is attached to the side of a penthouse and does not extend above the roof of the penthouse; or (2) When it is attached to a parapet wall and does not extend above the top of the parapet wall nor more than three (3') feet above the roof level. The roof of a marquee, arcade, awning, or projecting overhang shall not be considered the roof of the building for purposes of this section Q. CONTENT OF SIGNS The language and other representations on all signs within the City, except as otherwise provided in this Chapter, shall be limited to the identification (i.e. name and address) of the building on the property on which the sign is placed, or if a business identification sign, the name of the business and a brief indication of the nature of the business done or service rendered or type and/or name of merchandise sold upon such premises. Such signs shall not contain any references to price. Established marks or logos may be included as part of a business identification sign. SIGNS ON VACANT LAND Signs shall not be placed upon any vacant lot on which business is not being conducted or on unimproved property, except signs dealing exclusively with the sale or lease of such property subject to any and all of the regulations applicable thereto and further subject to the following restrictions: (1) Such signs shall not be lighted or illuminated; and (2) Such signs shall be located less than five (5') feet from the property line. 11 To Ue Ve COLOR OF SIGNS Signs shall be limited to not more than three (3) colors. For the purpose of this section, "sign" shall include the lighting or illumination and, in the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for the purposes of this section, black and white shall not be considered colors. LIGHTING OF SIGNS Any perimeter or flood lighting or other external lighting, whether used for illumination or advertisement, which illuminates private land (whether built upon or not), buildings, signs, or structures shall be limited to white light and permitted only when such lighting is installed on private property and when hooded or shielded so that direct beams therefrom do not fall upon public streets, alleys, highways, or other private property. Sodium vapor or other colored exterior lights or lighting are not permitted. INTENSITY OF LIGHTING (i) Signs shall not be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of, or cause confusion to the operator of a motor vehicle on the public streets. (2) Signs which are lighted or illuminated to an intensity in excess of that of a public street light (1000 watts) shall not be constructed or maintained within two hundred (200') feet of and facing property in a residential zone. Intensities of illumination in all cases shall be approved by the electrical inspector of the City and shall not exceed the intensity referred to or that according to the following table, whichever is the lesser: MAXIMUM ILLUMINATION INTENSITY LEVEL Located Located Located within 200 within 200- beyond 500 TYPE OF feet and 500 feet feet of a ILLUMI- visible and visible residential NATION from a from a zone residential residential zone zone DIRECT, 90 150 250 INTERNAL foot- foot- foot- OR BACK- lamberts lamberts lamberts LIGHTED INDIRECT OR 10 25 50 REFLECTED foot- foot- foot- SIGN candles candles candles Illuminated signs, except for building identification signs, within four hundred (400') feet of a residential zone and visible from such zone shall be 12 We turned off at the close of business each day or not later than 12:00 p.m. each night, whichever is later. Illuminated building identification signs within such distance from a residential zone and visible therefrom shall be turned off at 12:00 p.m. CONSTRUCTION SIGNS (i) Persons shall not erect, install, maintain, or use any construction sign on any premises, unless the required permits for the construction have been obtained from the City and said sign conforms with Section 2.D and/or 3.F. of this Ordinance. (2) Construction signs may be erected and maintained only during periods of actual construction and shall be removed prior to the final inspection. SIGN CONSTRUCTION Ail signs shall be designed and constructed so as not to require any external bracing, cables, stays or guy wires for support or to prevent swaying or sagging and shall comply with the wind pressure and load requirements specified herein or as otherwise called for by the City Engineer or the Building Code of the City. All references to the Uniform Building Code are as to the 1985 Edition. (1) DESIGN REQUIREMENTS. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this subsection. All bracing systems for ground signs shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed two-thirds (2/3) dead overturning anchorage. be used in Such earth compacted. load resisting moment. Uplift due to shall be adequately resisted by proper Weight of earth superimposed over footings may determining the dead load resisting moment. shall be carefully placed and thoroughly (a) Wind Loads. Signs and sign structures shall be designed and constructed to resist wind forces of not less than thirty (30) pounds per square foot of area. (b) Seismic Loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in Chapter 23 of the Uniform Building Code. (c) Combined Loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads. (d) Allowable Stresses. The design of wood, concrete, steel, or aluminum members shall conform to the requirements of Chapters 25, 26, 27, and 28 of the Uniform Building Code. Loads both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 29 of the Uniform Building Code. The working stresses of wire rope and its fastenings shall not exceed twenty-five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be 13 increased as specified in Chapter 23 of the Uniform Building Code. (2) CONSTRUCTION REQUIREMENTS. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirements of this section. (a) Materials. Ail permanent signs shall be constructed of wood, metal or fiberglass unless otherwise specified in this Chapter 12. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the Uniform Building Code, as adopted, unless otherwise called for in this ordinance. In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following: Structural steel shall be of such quality as to conform with Uniform Building Code Standard No. 27-1. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in Uniform Building Code Standard No. 27-9 and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than No. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be No. 12 gauge. The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with Uniform Building Code Standard No. 27-1. Steel members may be connected with one (1) galvanized bolt, provided the connection is adequate to transfer the stresses in the members. (b) Restrictions on Combustible Materials. Ground, wall, and projecting signs shall be constructed of material heretofore specified in this ordinance and signs on projecting overhangs and marquees shall be constructed of noncombustible materials. No combustible materials shall be used in the construc- tion of illuminated signs, except as approved by the Building Official. (c) Anchorage (i) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either horizontal or vertical direction shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force of twenty-five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. (ii) Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion 14 YJ AA. screws of sufficient size safely the loads applied. and anchorage to support (iii) No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. (iv) No anchor or support of any sign shall be connected to, or supported by, an unbraced wall unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the Uniform Building Code. (d) Approved Fiberqlass. The Building Official shall require that sufficient technical data be submitted to substantiate the proposed use of any fiberglass material and, if it is determined that the evidence submitted is satisfactory for the use intended, he may approve its use. (3) CLEARANCE REQUIREMENTS GENERALLY. Signs shall conform to the clearance requirements of this subsection (a) Clearance from Hiqh Voltage Power Lines, Telephone Cables and Liqht Standards. Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of 750 volts. The term "overhead conductors" as used in this subsection means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength. No sign shall be erected nearer than six feet (6') to any telephone cable, power line or any street light standard. (b) Clearance from Fire Escapes, Exits, or Standpipes. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe. (c) Obstruction of Openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below required by this section. Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics. SIGNS NOT TO OBSTRUCT DOORS, WINDOWS, OR FIRE ESCAPES No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape. INSPECTIONS OF SIGNS The Building Official shall inspect, at such times as he deems necessary, signs regulated by this section for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair. REMOVAL OR REPAIR OF DANGEROUS SIGNS (1) Any sign, or any part thereof which was not erected 15 and is not maintained in accordance with the design and construction requirements contained or referred to in this Chapter 12, unless exempted from such requirements, or any sign or any part thereof which is liable to fall down and/or endanger persons or property, or is a fire hazard, or is a dangerous structure which is located within this City, or any sign or part thereof which, from age, neglect or faulty construction becomes dangerous or dilapidated, shall be deemed to be a public nuisance, and upon complaint being made to the Building Official, such public nuisance shall be abated, as hereinafter provided. (2) Ail signs or parts thereof which: or related structures (a) Are not maintained or were not erected in accordance with the design and construction requirements of this Chapter 12, or (b) Are structurally unsafe; or (c) Constitute a fire hazard; or (d) Are otherwise dangerous to human life; or (e) Separately or in relation to the use of other existing property constitute a hazard to safety, health or general public welfare by reason of inadequate maintenance or dilapidation or obsolescence, or abandonment, are declared to be dangerous structures and the same shall be a public nuisance, and upon complaint being made to the Building Official, shall be abated, repaired, rehabil- itated, demolished or removed in accordance with the procedure specified in this subsection, which shall be in addition to any other procedures or remedies available to the City for enforcement of the provisions of this Chapter 12. (3) Any resident of the City, or any employee of the City who observes any public nuisance defined in this subsection, may make a complaint about such nuisance to the Building Official of the City. (4) The Building Official or his representative shall observe'and examine every sign or portion thereof upon which such complaint has been made, and if found to be a public nuisance as defined in this subsection, the Building Official shall give the owner and occupant of the premises where such sign is located, written notices stating the defects and objections and the violations with respect to which such complaint has been made. Such notices shall be sent to the owner and occupant by delivering such notice in person or sending such notice by registered or certified mail to the occupant at the premises and to the address of the owner according to the tax rolls of the City, and shall require the owner and/or occupant to commence the required removal, improvement or repairs within three (3) days from the date such notice is delivered or deposited in the mail. Such notice shall also require that all work to eliminate the violation shall be completed within thirty (30) days from the date of such notice unless otherwise stipulated by the Building Official. (5) In case the owner and/or occupant shall fail, neglect or refuse to (a) comply with said notice to take the action described in such notice, or (b) appeal therefrom within five (5) days, the Building Official may file a complaint with the City Court charging the owner and/or 16 occupant of such structure or premises with a violation of this subsection, or (6) The Building Official may, in the alternative, notify the Board of Adjustment of the City of the complaint and the fact that the owner and/or occupant has failed, neglected or refused to comply with the requirements set forth in said notice. The Board of Adjustment shall, after notice to the owner or occupant of the premises where the sign is erected, hold a public hearing for the purpose of determining that the nuisance should be abated. The Board of Adjustment shall set the time for such public hearing, and give written notice by delivering same in person or by mailing notice by registered or certified mail to the addresses referred to above of the owner and occupant, respectively, of said premises at least (10) days before the date of such hearing, and the Board of Adjustment will give such other and further notice of such hearing that may be required by the laws of the State of Texas. (7) At the conclusion of the hearing referred to, the Board of Adjustment may order the Building Official to proceed with the work or other action specified in such notice, or may grant additional time for the owner or occupant of the premises to effect the repairs or take such other action as may be specified in such notice or may render such other order which may seem necessary and proper. In the event the Building Official is directed to repair, dismantle or remove any sign from the premises, the cost of such work shall be paid by the owner and/or occupant of said property, and if not paid shall be levied as a tax against said property which shall become immediately due. In the event that the owner and occupant are not one and the same person or party and both have been properly notified hereunder, such persons or parties shall be jointly and severally liable for the costs referred to. (8) If the owner or occupant of the premises as to which complaint has been filed shall appear before the Board of Adjustment, no further notice or order of the Board of Adjustment made at such hearing shall be required to be furnished to said owner or occupant. In the event the owner and/or occupant of said premises fails to appear at said public hearing, the Board of Adjustment may order the Building Official to proceed with the work or other action specified in the notice, and levy the cost of such work as a tax against the premises as indicated, and in that event a copy of the Order of the Board of Adjustment shall be delivered to the owner or occupant of said premises in person or by certified mail or registered mail to the occupant at the premises and to the owner according to the tax rolls of the City, and by publication of a copy of such Order, at least one time, in the publication which is designated as the official publication of the City. (9) Upon the expiration of thirty (30) days after a copy of the Order of the Board of Adjustment has been delivered or mailed and published as required above, the Building Official shall proceed to carry out the work called for by the Order of the Board of Adjustment and the cost of such work shall be levied as a tax against the premises and the owner and/or occupant thereof, which shall be and become immediately due. (10) In the event that both the owner and the occupant of the premises shall fail or refuse to discharge the expense incurred in correcting the violation of this subsection within thirty (30) days after receiving notice to pay such amount, or within thirty (30) days after such notice is 17 published, whichever is later, the City may bring an action in any court having jurisdiction to recover the expenses and costs which were assessed against the owner or occupant of such premises by the Board of Adjustment. SECTION 2: RESIDENTIAL ZONES A. SCOPE The regulations set forth in this section shall apply specifically to residential zones and to property utilized for residential purposes. Only those types of signs referred to in this Section may be utilized in residential zones or on property utilized for residential purposes, except for signs referred to in Section 1.D. and Section 3.N.(1) hereof. B. REAL ESTATE SIGNS Real estate signs shall not exceed six (6) square feet in area, provided that riders or additional plates not exceeding two (2) in number and two hundred and forty (240) square inches in area in the aggregate may be attached. Such signs shall be erected or constructed so that no portion thereof exceeds a height of four (4') feet from the ground. In addition, a temporary "open" sign, not to exceed two (2) square feet in area, may be used for maximum of eight hours per day when the dwelling is open. Real estate signs must be removed not later than ten (10) days after the transaction pursuant to which the property is sold or leased is closed. C. BUILDING IDENTIFICATION SIGNS Building identification signs shall not exceed twenty four (24) square feet in area. D. CONSTRUCTION SIGNS Construction signs shall not exceed six (6) square fee in area and shall not be erected so that any portion of such signs shall exceed four (4') feet in height above the ground. E. LIGHTED SIGNS Lighted or illuminated signs are not permitted except for institutional signs. F. NUMBER OF SIGNS PERMITTED Only one sign of any type shall be permitted on any site, except for security protection signs, address signs, permitted flags, and political signs. There shall not be both a real estate sign and a construction sign on a site except as a combined sign not to exceed the area and height limitations of a real estate sign. G. SIGNS INSIDE BUILDINGS Signs inside a residential structure, or any other building of the type intended to be covered by this section, attached to any window or opening with the sign copy visible from the outside or otherwise so located so as to be visible and readable without intentional and deliberate effort from outside the building or structure shall be considered part of the allowable sign area permitted. 18 LOCATIONSr TYPES AND HEIGHTS OF SIGNS Signs allowed pursuant to Section 2 may be either ground signs or wall signs. Signs, other than address signs and real estate signs, shall not be located less than ten (10') feet from the property line; provided, however, if an established setback exists, and such setback is less than ten (10') feet, a sign may be placed in front of the structure with the setback but not more than three (3') feet from such structure and not nearer the property line than the structure. No portion of a wall sign shall be higher than eight (8') feet above grade or ground level at the wall, whichever is higher, and no portion of a ground sign shall be higher than four (4') feet above grade or ground level where the sign is located. Real estate signs may be located anywhere on the premises but not on the parkway or other public property. SECURITY PROTECTION AND ADDRESS SIGNS Security protection signs shall not exceed seventy-two (72) square inches in area. Address signs shall not exceed seventy-two (72) square inches in area and may be located anywhere on the property including the parkway. If in the form of a separate ground sign, address signs shall not exceed a height of two (2') feet. Address signs may be hung from or attached to a lamp post on private property in which case the height limitation referred to would not apply. In addition, a sign indicating the street address shall be placed at the rear of the property as required by City ordinance. POLITICAL SIGNS Political signs, each not exceeding three (3) square feet in area and three (3') feet in height shall be permitted. Such signs shall not be illuminated. All political signs shall be removed not later than seven (7) days after the occurrence of election or voting day or event to which the political sign makes reference or to which such sign is relevant. GARAGEr ESTATE SALE AND LOST PET SIGNS Garage, estate sale, and lost pet signs not to exceed two (2) square feet in area, respectively, shall be permitted. Garage and estate sale signs shall be permitted for the period during which any such sale is actually occurring; and lost pet signs shall be permitted for the period, not to exceed 10 days, during which such pet remains lost. INSTITUTIONAL SIGNS Signs relating to schools, churches, hospitals, universities or similar institutions (and individual buildings comprising these institutions) may be (a) wall signs limited to twenty (20) square feet in area or (b) ground signs limited to fifty (50) square feet in area and four (4) feet in height. Scoreboards on school or university athletic fields shall require a permit, shall not exceed thirty (30) feet in height or four hundred (400) square feet in area, shall face and be illuminated only in the direction of the athletic field, and shall be constructed and illuminated in accordance with applicable provisions of this Chapter 12 and applicable provisions of the Building Code of the City. 19 SECTION 3: NONRESIDENTIAL ZONES A. SCOPE The regulations set forth in this article shall apply specifically to any nonresidential zone, including commercial and planned development zones. Only the types of signs referred to herein may he erected in such zones, except for signs referred to in Section 1.D. hereof. B. REAL ESTATE SIGNS Real estate signs shall not exceed six (6) square feet in area, provided that riders or additional plates not exceeding two (2) in number and two hundred and forty (240) square inches in area in the aggregate may be attached. Such signs shall be erected or constructed so that no portion thereof exceeds a height of four (4') feet from the ground. In addition, a temporary "open" sign, not to exceed two (2) square feet in area, may be used for a maximum of eight hours per day when the dwelling is open. Real estate signs must be removed not later than ten (10) days after the transaction pursuant to which the property is sold or leased is closed. There shall be allowed only one real estate sign per site. If the property to be sold or leased includes a building with glass frontage, one real estate sign not to exceed six (6) square feet in area may be placed behind each thirty (30') feet of length of glass frontage, such sign or signs to be in lieu of any other real estate signs on the site. Ce STREET FRONTAGE, TYPES AND ALLOWABLE LOCATION OF SIGNS (1) For the purposes of determining allowable sign location and size, a building shall be considered as facing (fronting) or abutting, as the case may be, one street only. (2) For the purposes of determining allowable sign location and size, a building or business shall be considered as fronting on the street upon which the main entrance or address of such building or business is located, unless such business shall be located within a courtyard or facing a parking area with its main public entrance fronting on the courtyard or parking area, in which case the business shall be considered as fronting on such courtyard or parking area. "Street frontage" shall mean the length of the wall of the building facing the street upon which it fronts. (3) Business and building identification signs, except for shopping center signs (Section 3.H.) and institutional signs (Section 3.J.), shall be wall signs provided that projecting signs maybe utilized as business signs when erected in accordance with and subject to the requirements of Section 1.O. All other type signs allowed by Section 3.A. of this Chapter may be either wall or ground signs. (4) Wall signs shall be located as specified herein. Ground signs shall be located in nonresidential zones in the same manner as provided for in residential zones pursuant to Section 2.H. except for institutional signs and shopping center signs, as provided for in Section 3.J. and 3.H, respectively. BUSINESS IDENTIFICATION SIGNS Business identification signs shall comply with each and all of the following regulations: 20 (i) (2) Ground floor businesses. Business identification signs shall be limited to those businesses having ground floor street frontage, except as provided in paragraph (4) of Section 3.D. Location of signs. Business identification signs shall be limited to those portions of a building within which such business is located, and sides of a building fronting a public street or private property under the same ownership, which is contiguous with a public street. Such signs shall not face or abut alleys or private property owned by others. (3) Number and area of signs. (a) Except as specifically permitted herein, not more than one business identification sign shall be permitted on a permitted side or wall of a building as to any one business located therein. Signs located on the side of the building where its main entrance or address is located shall not exceed two (2) square feet in area for each one foot of first story street linear frontage that such business occupies or utilizes within a building, provided that if such sign is one other than a sign composed solely of individual letters, the permitted area shall be seventy-five percent (75%) of such square footage, and in no event shall any sign exceed one hundred and twenty five (125) square feet. A parking area, owned by or used exclusively for or by the business requesting a sign permit, which is located immediately and entirely underneath a second floor occupied by such business, shall be considered part of the building and ground floor occupancy for purposes of determining the extent of street frontage. Businesses having their main entrance or address on or abutting a parking area shall be permitted signs as if the parking area were a street. (b) Permitted signs located on a side of the building other than where its main entrance or address is located shall not exceed two (2) square feet for each one linear foot of first story street frontage that such business occupies within a building, provided that if the sign is other than one composed solely of individual letters, the permitted area shall be seventy five (75%) percent of such square footage, but in no event shall a sign authorized under this subparagraph exceed thirty (30) square feet in area. (c) An additional business identification sign relating to the same business shall be permitted for each fifty (50') feet or portion thereof of street frontage of such business for the purpose of listing the business name, address, operating hours, and other business locations. Such signs shall not exceed five (5) square feet in area. (d) An additional business identification sign relating to the same business shall be permitted adjacent to an entrance to the business if such entrance is other than on a wall or side of the building permitted in subsection D.(2) of this section and provided such additional sign abuts an alley, street, or other public right-of-way 21 and is below a height of eight (8) feet above grade and further provided such additional sign shall not be lighted or illuminated when facing a residential zone, whether or not such residential zone is located across an alley, parking lot, or other such visually open area from said additional sign. Such signs shall not exceed four (4) square feet in area. (e) A business located on a corner of two (2) public streets and having a public entrance located at such corner so that such public entrance directly faces neither street shall be permitted one business identification sign at and parallel to such entrance in lieu of one business identi- fication sign located on a street frontage. (4) Business located on other than the ground floor. A business located above or below the ground floor of any building shall be permitted one business identification sign at each ground floor entrance to such business not to exceed a maximum of six (6) square feet which sign shall be shared equally by all such businesses desiring signage. BUILDING IDENTIFICATION SIGNS Building identification signs shall be subject to each and all of the following regulations: (1) Location of signs. (a) Building identification signs shall not be permitted below eight (8) feet in height above grade except for one sign not to exceed five (5) square feet in area adjacent to any public entrance to such building which entrance is for access to more than one business, office, or use, and which sign shall have identical text as other permitted building identification signs on the same building. (b) Building identification signs shall be permitted only on the sides of building directly fronting or abutting a public street. Such signs shall not face or abut alleys or private property, except such property located within the boundary of the same parcel or property upon which such sign is located and abutting a public street. (2) Number and area of signs. The total building identification sign area on any street side of any building shall not exceed two (2%) percent of the vertical exterior wall area of such frontage, excluding penthouse walls where such sign is to be located, provided that if such sign is other than one composed solely of individual letters, the permitted area shall be seventy five (75%) percent of two (2%) percent of such exterior wall. Not more than one building identification sign shall be permitted on any one wall, side, or frontage of any building, and not more than two (2) building identification signs shall be permitted for each building. CONSTRUCTION SIGNS Construction signs shall not exceed twenty (20) square feet in area or eight (8') feet in height. Not more than one such sign shall be permitted on any one site, and any such sign shall face the street upon which said site fronts. All references to parties involved shall be on a single sign. 22 LIGHTED SIGNS Lighted or illuminated signs shall not be permitted except for building and business identification signs. Outside exposed neon or other gas filled luminous tube signs shall not be permitted. Hanging exposed neon tubing signs as business identification signs will be permitted on the inside of glass show windows provided that the size of such signs including all outlines and delineations shall not exceed twenty five (25%) percent of the glass frontage where they occur. Such signs shall be a debit against the area allowed for business identification sign and may be allowed as an additional sign. Such signs located within a distance of five (5') feet from the window shall be subject to the provisions of Section 1.V. H. SHOPPING CENTER SIGNS One ground or wall sign naming the shopping center and/or containing its address shall be permitted if approved by the Building Official as qualifying as a shopping center sign, as defined in this Chapter, and if complying with the provisions of this Section 3.H. Such sign shall be permitted for the street on which the shopping center fronts and shall not exceed thirty (30) square feet in area, forty-two (42") inches in height if a ground sign, or be located less than twenty-five (25') feet above grade if a wall sign. Any such ground sign shall not extend over or on public property. In addition, a ground or wall sign not exceeding twenty (20) square feet in area may be located at the principal entrance to the shopping center containing a directory of the businesses located within the shopping center. If a ground sign, such sign shall not exceed forty-two (42") inches in height, and if a wall sign shall not be located less than eight (8') feet or more than twenty (20') feet above grade. SIGNS INSIDE BUILDINGS Signs, including neon signs, located inside a building or structure and not otherwise excluded from the definition of a sign shall not obstruct more than twenty-five (25%) percent of the view or light through an opening of a building or comprise more than twenty five (25) percent of the glass frontage. The area of any such sign shall be calculated in the same manner as provided for other signs in this ordinance. Temporary window signs shall not require a permit and shall not be included as part of the allowable sign area subject to and limited by the following: (i) Where merchandise is physically displayed behind shop windows or otherwise in view of the public from the street, the price of each separate item of such merchandise may be indicated in letters or numbers not exceeding three-fourth (3/4") inch in height attached or in near proximity to the displayed item. (2) Where goods, services, rentals, or sales are not on physical display to the public, information concerning such goods, services, rentals, or sales may be indicated by temporary signs, the total aggregate area of which does not exceed ten (10) percent of the glass frontage of the business and provided that the total of all signs of all types inside buildings or on windows or glass frontage does not exceed twenty five (25) percent of the glass frontage area. (3) When a store or business is being closed or relocated, "closing out sale", or similar signs may 23 (4) Je be displayed from inside the building facing each street on which the building fronts or abuts provided the aggregate area of such signs does not exceed twenty-five (25%) percent of the area permitted for a business identification sign pursuant to Section 3.D., letters or numbers do not exceed twelve (12") inches in height, and prices are not advertised. A permit for such signs shall be obtained, and any such signs shall not be maintained for more than thirty (30) days in any consecutive 180-day period. When a business has been relocated, a sign giving the new address of the business may be displayed inside the building for a period not to exceed thirty (30) days utilizing not more than ten (10) percent of glass front area. Announcements such as but not limited to available parking, acceptability of credit cards, trade association memberships, and the like, with letters or numbers not exceeding three-fourth (3/4") inch in height, may be displayed. Such announcements shall be limited to a total of one hundred fifty (150) square inches facing each street on which the building fronts or abuts. INSTITUTIONAL SIGNS Signs relating to schools, churches, hospitals, universities or similar institutions (and individual buildings comprising these institutions) may be (a) wall signs limited to twenty (20) square feet in area or (b) ground signs limited to fifty (50) square feet in area and four (4') feet in height. Scoreboards on school or university athletic fields shall require a permit and shall be subject to the same limitations and requirements set forth in Section 2.L. of this Chapter 12. POLITICAL SIGNS Political signs, each not exceeding three (3) square feet in area and three (3') feet in height shall be permitted. Such signs shall not be illuminated. All political signs shall be removed not later than seven (7) days after the occurrence of election or voting day or event to which the political sign makes reference or to which such sign is relevant. CONSTRUCTION BARRICADE SIGNS In addition to permitted construction signs, one sign, not larger than one square foot in area, may be placed on or adjacent to the gateway through the construction barricade stating the name and telephone number of the person to be contacted in case of an emergency. When a business remains open while remodeling its premises, and a construction fence is required, one sign may be placed on the construction fence adjacent to the entrance to the business. Such sign shall not exceed twelve (12) square feet in area, and such sign may state only the name of the business and the fact that it is open for business while remodeling. One construction sign may be placed on the construction barricade on each street on which the property fronts or abuts. Each sign shall not exceed the limitations set forth in Section 3.F. and shall be in lieu of any other construction signs. THEATERS (1) Theaters shall be allowed signs on permanent, fixed marquees. Such signs shall not exceed 10% of the front elevation of the theater and in no case shall such sign exceed 120 square feet in area. 24 (2) For the purposes of a theater, a product or service sign may include the name of the production, the names of the people associated with the production (such as stars, producer, director, etc.) the type of performance (such as premiere, reserved, seat, etc.) the duration of the production and the time of the performances. (3) If a production is not in progress, a product or service sign may include the name of the next production and the date such production shall be open to the public. Such sign shall not be installed or maintained more than thirty (30) days prior to the date when such production shall be open to the public. (4) For the purposes of this section, the term "theater" shall include multiple theaters contained in the same building or structure being operated as a single business. In such circumstances, the multiple theaters shall be deemed to be only one "theater" PARKING FACILITIES (i) Residential zones. Parking lots or structures located in any residential zone which has parking as an added use shall be permitted one wall sign or one ground sign on each street upon which an entrance exists. Each sign shall conform to all the requirements and restrictions with respect to building identification signs contained in Section 2. Such sign may have only the word "Park" or "Parking" and the name of the parking facility owner or operator, validation information, and other messages required by law. (2) Nonresidential zones. A parking facility in a non- residential zone shall be permitted not more than one ground, wall sign or projecting sign (pursuant to Section 1.O.(1) adjacent to any street upon which an entrance exists. Such sign shall not exceed twenty (20) square feet of area on each face and shall not be higher than twenty (20') feet above grade if a wall sign or forty two (42") inches in height if a ground sign. Such sign may have only the word "Park" or "Parking" and the name of the parking facility owner or operator validation information, and other messages required by law. PROJECTING OVERHANGS AND AWNINGS Signs or information on projecting overhangs and awnings allowed pursuant to the provisions of Section 1.P. shall be permitted in nonresidential zones in addition to the other types of signs allowed under Section 3, but shall be included as part of the permissible area for a sign or signs with respect to either permissible area on a side of a building or total sign area allowed on a site. Signs on projecting overhangs and awnings shall not, however, be counted as additional signs with respect to the number of signs allowed if they are limited to name of business, address, and the letters or numbers thereof do not exceed seven (7") inches in height. SERVICE STATIONS Business identification signs for gasoline service stations shall be limited to three (3) wall signs, each of which shall not exceed twelve (12) square feet in area and which may be located, respectively, on the sides and front of any portion of the facility comprising the particular service station, including any structure or covered area 25 separate from the main office or building. Any such area or structure, which is an extension from the main building, shall be considered as an awning or marquee for purposes of maximum size of letters and prohibition of extension of sign above and below marquees or awnings. In addition, one price sign shall be permitted for any one service station. Lettering will be allowed on both sign faces and no such sign shall exceed eight (8) square feet in area. Sign placement shall be such that the sign shall be located within a line (vertical plane) established by roofed building area, but not on public property. SECTION 4: OTHER ORDINANCES Compliance with other portions of the Code of Ordinances of the City of University Park with respect to electrical permits or building permits or other matters shall be required. SECTION 5. APPEALS TO BOARD OF ADJUSTMENT The Board of Adjustment of the City (created pursuant to the City's Zoning Ordinance) may hear and decide appeals which allege error in any order, requirement, decision, or determination made by the Building Official in connection with the refusal to grant a permit required by this chapter, the revocation of a permit granted under the provisions of this chapter or a decision involving any substantive or material interpretation of a provision of this chapter. The decision of the Board of Adjustment with regard to such appeal shall be final. The Board of Adjustment shall act as a quasi-judicial body and, following notice in writing to all property owners within two hundred (200) feet of property on which a sign is proposed to be erected, may vary any or all terms or provisions of this chapter with respect to on premises signs only when said Board has made a specific finding from evidence presented that strict compliance with the provisions of this chapter will result in a substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the City and its citizens in accomplishing the objectives of this chapter. In no event shall such authority to permit a variance include permitting a sign which is an unlawful sign under Section 1.L. above, nor permitting a commercial sign in a residential zone other than as permitted by this chapter, nor permitting a sign which is unsafe, nor waiving any of the permit requirements of this chapter. Notwithstanding the above, the Board of Adjustment shall not have authority to permit the reconstruction of a nonconforming sign other than in accordance with, or waive or vary any of the provisions of, Section 1.J. above. Any appeal or request for variance or special exception brought under this section will be accompanied by a fee to be set by resolution of the Board of Commissioners. In any of the above cases, if the Board of Adjustment grants the relief requested by the applicant, it may, in specific cases, impose appropriate and reasonable conditions on the granting of such application. SECTION 6. ESTABLISHMENT OF A SPECIAL SIGN DISTRICT The Environmental Standards Committee may consider a request for a special exception to this Chapter when submitted by the owner or owners of a particular, clearly defined, and identifiable commercial or retail area, such as a shopping center, to provide signage for such area as part of an overall 26 graphics program. Such request shall be accompanied by a plan which shall provide such details and specifications as the Committee may reasonably require including information with respect to ownership of the land, proposed lighting, type, location, and size of signs. The area for which the graphics program is proposed shall not contain non-contiguous tracts. If, in the opinion of the Environmental Standards 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, said Committee shall recommend to the Board of Commissioners of the City that a Special Sign District be established for such area permitting signs and other graphics in accordance with the plan or program submitted to the Committee. After notice and public hearing the Board of Commissioners may by ordinance create such a district. SECTION 7: SEVERABILITY If any portion of this ordinance shall be held to be invalid or unconstitutional, it shall be deemed to have been the intent of the enacting body (Board of Commissioners) to pass the ordinance without such invalid or unconstitutional provisions and the remainder of the ordinance shall be deemed and held to be valid and adopted and authorized by the enacting body. If the ordinance or any provision thereof is held to be inapplicable to any persons, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other persons, properties or circumstances. SECTION 8: REPEAL OF OTHER ORDINANCES Section 13, Chapter 3, and other sections of the Code of Ordinances of the City of University Park which relate to signs in the City and which are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION 9: PENALTY FOR VIOLATION OF SIGN ORDINANCE Chapter 1, Section 5 (General Penalty for Violation) and Section 6 (Severability of Parts), or any successor or substitute chapters or provisions in these respects, of the Code of Ordinances of the City shall apply, in addition to any other remedies available to the City or provisions affecting validity contained in this Chapter 12. SECTION 10: EFFECTIVE DATE This Sign Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 15th day of December, 1987. CITY M~NAGER- CLERK / AP~PRQVED AS TO FORM: CITY ATTORNEY 27 ORDINANCE NO. 87/28 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF UNIVERSITY PARK, TEXAS CERTIFICATES OF OBLIGATION, SERIES I987 $1,050,000 WHEREAS, the Board of Commissioners hereby finds and determines that the authorization of certificates of obligation in the total principal amount of $1,000,000 should be undertaken at this time; and WHEREAS, the Board of Commissioners of said City has heretofore on the llth day of November, 1987 adopted a resolution authorizing and directing publication of notice of intention to issue the risk management certificates of obligation herein authorized to he issued, pursuant to Section 271.041 et. seq., Local Government Code and Chapter 1084, 70th Legislature, Regular Session; and WHEREAS, said notice was published as required by said Article 271.049 in the "Park Cities News", which is a newspaper of general circulation in said City, in its issue of November 12, 1987 and December 3, 1987, and in the "Dallas Morning News", also a newspaper of general circulation in said City, in its issue of December 1, 1987; and WHEREAS, the City received no petition from the qualified electors of the City protesting the issuance of such certificates of obligation; and WHEREAS, it is considered to be to the best interest of the City that said risk management certificates of obligation be issued; THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES OF OBLIGATION. The certificates of obligation of the City of University Park, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $1,050,000, for the purpose of providing for a self-insurance fund for the City and to pay all or a portion of the contractual obligations for professional services of consultants, attorneys and financial advisors in connection therewith and with the Certificates. Section 2. MATURITIES obligation designated: OBLIGATION, sold and obligation, in the DESIGNATION, DATE, DENOMINATIONS, NUMBERS AND OF CERTIFICATES OF OBLIGATION. Each certificate of issued pursuant to this Ordinance shall be "CITY OF UNIVERSITY PARK, TEXAS, CERTIFICATES OF SERIES 1987", and initially there shall be issued, delivered hereunder fully registered certificates of without interest coupons, dated December 1, 1987, respective denominations and principal amounts hereinafter stated, numbered consecutively from R-1 upward, payable to the respective initial register.ed owners thereof (as designated in Section 13 hereof), or to the registered assignee or assignees of said certificates of obligatJ.on or any portion or portions thereof (in each case, the "Registered Owner"), and said certificates of obligation shall mature and be payable serially on July 1 in each of the years and in the principal amounts, respectively as set forth in the following schedule: YEAR AMOUNTS YEAR AMOUNTS 1989 $ 25,000 1994 $125,000 1990 75,000 1995 125,000 1991 75,000 1996 125,000 1992 100,000 1997 150,000 1993 100,000 1998 150,000 The term "Certificates of Obligation" as used in this Ordinance shall mean and include collectively the certificates of obligation initially issued and delivered pursuant to this Ordinance and all substitute certificates of obligation exchanged therefor, as well as all other substitute certificates of obligation and replacement certificates of obligation issued pursuant hereto, and the term "Certificate of Obligation" shall mean any of the Certificates of Obligation. Section 3. INTEREST. The Certificates of Obligation shall bear interest from the dates specified in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Ordinance to their respective dates of maturity or redemption prior to maturity at the following rates per annum: maturities maturities maturities maturities maturitzes maturities maturities maturities maturities 1989 ....... 5.50% per annum; 1990 ............ 5.75% per annum; 1991 6.00% per annum; 1992 .... 6.10% per annum; 1993 6.20% per annum; 1994 6.30% per annum; 1995 6.40% per annum; 1996 6.50% per annum; 1997 6.60% per annum; maturities 1998 -- 6.70% per annum; Said interest shall be payable in the manner provided and on the dates stated in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Ordinance. Section 4. CHARACTERISTICS OF THE CERTIFICATES OF OBLIGATION. Registration, Transfer, and Authentication. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of First RepublicBank Dallas, N.A Dallas, Texas, (the "Paying Agent/Registrar") books or records for the registration of the transfer and exchange of the Certificates of Obligation (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers an@ exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate of Obligation to which payments with respect to the Certificates of Obligation shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. To the extent possible and under reasonable circumstances, all transfers of Certificates of Obligation shall be made within three business days after .... request and presentation thereof. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, exchange and delivery of a substitute Certificate of Obligation or Certificates of Obligation shall be paid as provided in the FORM OF CERTIFICATE 2 OF OBLIGATION set forth in this Ordinance. Registration of assignments, transfers and exchanges of Certificates of Obligation shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE OF OBLIGATION set forth in this Ordinance. Each substitute Certificate of Obligation shall bear a letter and/or number to distinguish it from each other Certificate of Obligation. Except as provided in (c) below, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate of Obligation, date and manually sign the Paying Agent/Registrar's Authentication Certificate, and no such Certificate of Obligation shall be deemed to be issued or outstanding unless such Certificate is so executed. The paying Agent/Registrar promptly shall cancel all paid Certificates of Obligation and Certificates of Obligation surrendered for transfer and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing transfer and exchange of any Certificate of Obligation or portion thereof, and the Paying Agent/ Registrar shall provide for the printing, execution, and delivery of the substitute Certificates of Obligation in the manner prescribed herein, and said Certificates of Obligation shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of transfer and exchange of Certificates of Obligation as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the transferred and exchanged Certificate of Obligation shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates of Obligation which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (b) Payment of Certificates of Obliqation and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates of Obligation, all as provided in this Ordinance. The Paying Agent/ Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates of Obligation. (c) In General. The Certificates of Obligation (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates of Obligation to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the Issuer at least 20 days prior to any such redemption date), (iii) transferred and assigned, (iv) may be exchanged for other Certificates of Obligation, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates of Obligation shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates of Obligation, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE OF OBLIGATION set forth in thi~ Ordinance. The Certificates of Obligation initially issued and delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the paying Agent/ Registrar, but on each substitute Certificate of Obligation issued in exchange for any Certificate of Obligation or Certificates of Obligation issued under this Ordinance the Paying Agent/ Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE in the form set forth in the FORM OF CERTIFICATE OF OBLIGATION. (d) Substitute Paying A~ent/Re~istrar. The Issuer covenants with the registered owners of the Certificates of Obligation that at all times while the Certificates of Obligation are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates of Obligation under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates of Obligation, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates of Obligation, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/ Registrar. By accepting the position and performing at such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 5. FORM OF CERTIFICATES OF OBLIGATION. The form of the Certificates of Obligation, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assessment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to or printed on the Certificates of Obligation initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF CERTIFICATE OF OBLIGATION NO. R- UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DALLAS CITY OF UNIVERSITY PARK, TEXAS CERTIFICATE OF OBLIGATION SERIES 1987 PRINCIPAL AMOUNT INTEREST RATE MATURITY DATE CUSIP NO. REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, CITY OF UNIVERSITY PARK, Dallas County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to the Registered Owner set forth above, or registered assigns (hereinafter called the "registered owner") the principal amount set forth above, and to pay interest thereon from December 1, 1987, on January 1, 1989 and semiannually on each July 1 and January 1 thereafter to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; except that if this Certificate of Obligation is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate of Obligation or Certificates of Obligation, if any, for which this Certificate of Obligation as being exchanged as due but has not been paid, then this Certificate of Obligation shall hear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate of Obligation are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate of Obligation shall be paid to the registered owner hereof upon presentation and surrender of this Certificate of Obligation at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of First RepublicBank Dallas, N.A., Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate of Obligation. The payment of interest on this Certificate of Obligation shall he made by the Paying Agent/ Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate of Obligation (the Certificate of Obligation Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the "Special Payment Date" which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each Holder of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. Any accrued interest due at maturity or upon the redemption of this Certificate of Obligation prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate of Obligation for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate of Obligation that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate of Obligation it will make available to the paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate of Obligation Ordinance, the amount required 5 to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates of Obligation, when due. IF THE DATE for the payment of the principal of or interest on this Certificate of Obligation shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE OF OBLIGATION is one of a Series of Certificates of Obligation dated December 1, 1987, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $1,050,000 FOR THE PURPOSE OF PROVIDING FOR A SELF-INSURANCE FUND FOR THE CITY AND TO PAY ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF CONSULTANTS, ATTORNEYS AND FINANCIAL ADVISORS IN CONNECTION THEREWITH AND THE CERTIFICATES. On July 1, 1991, or on any interest payment date there- after, the Certificates of Obligation of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, (provided that a portion of a Certificate of Obligation may be redeemed only in an integral multiple of $5,000) at the redemption process indicated below (expressed as percentages of par), plus accrued interest to the date fixed for redemption: July 1, 1991 through June 30, 1992 July 1, 1992 through June 30, 1993 July 1, 1993 and thereafter 101.0% 100.5% 100.0% If less than all of the Certificates of Obligation are to be redeemed, the Issuer shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot Certificates of Obligation, or portions thereof, within such maturity or maturities and in such principal amounts, for redemption. AT LEAST 40 days prior to the date fixed for any redemption of Certificates of Obligation or portions thereof prior to maturity, a written notice of such redemption shall be given by the Issuer to the Paying Agent/Registrar and the Paying Agent/Registrar shall send a copy of such notice by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for such redemption, to the registered owner of each Certificate of Obligation to be redeemed at its address as it appeared on the day such redemption notice is mailed; provided, however, that the failure to send, mail or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate of Obligation, and it is hereby specifically provided that the giving of notice by the Issuer to the Paying Agent/Registrar as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates of Obligation or portions thereof which are to be so redeemed. If such written notice of redemption to the Paying Agent/ Registrar is given and if due 6 Certificates of bearing interest denominations in written request principal amount provision for such payment is made, all as provided above, the Certificates of Obligation or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate of Obligation shall be redeemed a substitute Certificate of Obligation or Obligation having the same maturity date, at the same rate, in any denomination or any integral multiple of $5,000, at the of the registered owner, and in an aggregate equal to the unredeemed portion thereof, will he issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate of Obligation Ordinance. ALL CERTIFICATES OF OBLIGATION OF THIS SERIES are issuable solely as fully registered Certificates of Obligation, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate of Obligation Ordinance, this Certificate of Obligation, of any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred and exchanged for a like aggregate principal amount of fully registered Certificates of Obligation, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate of Obligation to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures met forth in the Certificate of Obligation Ordinance. Among other requirements for such assignment and transfer, this Certificate of Obligation must be presented and surrendered to the paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the paying Agent/Registrar, evidencing assignment of this Certificate of Obligation or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate of Obligation or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate of Obligation may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate of Obligation or any portion or portions hereof from time to time by the registered owner. The one requesting such transfer and exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for transferring and exchanging any Certificate of Obligation or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer or exchange, as a condition precedent to the exercise of such privilege. The foregoing notwithstanding, in the case of the exchange of a portion of a Certificate of Obligation which has been redeemed prior to maturity, as provided herein, and in the case of the exchange of an assigned and transferred Certificate of Obligation or Certificates of Obligation or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. The Paying Agent/Registrar shall not be required to make any such transfer or exchange of this Certificate of Obligation (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following 7 interest payment date, or, (ii) with respect to any Certificate of Obligation or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date; provided, however, such limitation of transfer shall not be applicable to an exchange by a registered owner of the unredeemed balance of a Certificate of Obligation called for redemption. IN THE EVENT any Paying Agent/Registrar for the Certificates of Obligation is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate of Obligation Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates of Obligation. IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that this Certificate of Obligation has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate of Obligation have been performed, existed, and been done in accordance with law; that this Certificate of Obligation is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate of Obligation, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law. BY BECOMING the registered owner of this Certificate of Obligation, the registered owner thereby acknowledges all of the terms and provisions of the Certificate of Obligation Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate of Obligation Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate of Obligation and the Certificate of Obligation Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate of Obligation to be signed with the facsimile signature of the Mayor of the Issuer and countersigned with the facsimile signature of the City Clerk of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate of Obligation. (facsimile signature) (facsimile signature) City Clerk, Mayor, (SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate of Obligation is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate of Obligation Ordinance described in the text of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for, a certificate of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation of a Series which originally was approved by the Attorney General of the State of 8 Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated · TEXAS Paying Agent/Registrar By Authorized Representative FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this certificate of obligation or duly authorized representative or attorney thereof, hereby assigns this certificate of obligation to ? (Assignee's Social Security or Taxpayer Identification Number) (print or typewrite Assignee's name and address, including zip code) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this certificate of obligation on the Certificate of Obligation Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The signature of the Registered Owner must be guaranteed by a member of the New York Stock Exchange or a commercial bank or trust company. Registered Owner NOTICE: This signature must correspond with the name of the Registered Owner appearing on the face of this certifi- cate of obligation. (BOND INSURANCE LEGEND) (If bond insurance is obtained by the initial purchaser of the Certificates, the Certificates may bear an appropriate legend as provided by the bond insurer.) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) 9 Section 6. INTEREST AND SINKING FUND AND TAX LEVY. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as much interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such Certificates as such principal matures (but never less than 2% of the original amount of the Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer, for each year while any of the Certificates or interest thereon are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 7. DEFEASANCE OF CERTIFICATES OF OBLIGATION. (a) Any Certificate of Obligation and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate of Obligation") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 7, when payment of the principal of such Certificate of Obligation, plus interest thereon to the due date (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates of Obligation shall have become due and payable. At such time as a Certificate of Obligation shall be deemed to be a Defeased Certificate of Obligation hereunder, as aforesaid, such Certificate of Obligation and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes levied as provided in this Ordinance, an@ such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates of Obligation and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, of deposited as directed in writing by the Issuer. 10 (c) The term "Government Obligations" as used in this Section, shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may he in book-entry form. (d) Until all Defeased Certificates of Obligation shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates of Obligation the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 8. DAMAGED, MUTILATED, DESTROYED CERTIFICATES OF OBLIGATION. LOST, STOLEN, OR (a) Replacement Certificates of Obligation. In the event any outstanding Certificate of Obligation is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/ Registrar shall cause to be printed, executed, and delivered, a new certificate of obligation of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate of Obligation, in replacement for such Certificate of Obligation in the manner hereinafter provided. (b) Application for Replacement Certificates of Obliga- tion. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates of Obligation shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Certificate of Obligation, the registered owner applying for a replacement certificate of obligation shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate of Obligation, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate of Obligation, as the case may be. In every case of damage or mutilation of a Certificate of Obligation, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate of Obligation so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate of Obligation shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate of Obligation, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate of Obligation) instead of issuing a replacement Certificate of Obligation, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates of Obligation. Prior to the issuance of any replacement certificate of obligation, the Paying Agent/Registrar shall charge the registered owner of such Certificate of Obligation with all legal, printing, and other expenses in connection therewith. Every replacement certificate of obligation issued pursuant to the provisions of this Section by virtue of the fact that any Certificate of Obligation is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate of Obligation shall be found at any time, or be enforceable by anyone, and shall be entitled to all the 11 benefits of this Ordinance equally and proportionately with any and all other Certificates of Obligation fully issued under this Ordinance. (e) Authority for Issuing Replacement Certificates of Obliqation. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section 8 of this Ordinance shall constitute authority for the issuance of any such replacement certificate of obligation without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates of obligation is hereby authorized and imposed upon the Paying Agent/ Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates of Obligation in the form and manner and with the effect, as provided in Section 4(a) of this Ordinance for Certificates of Obligation issued in exchange for other Certificates of Obligation. Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES OF OBLIGATION; CERTIFICATE OF OBLIGATION COUNSEL'S OPINION, AND CUSIP NUMBERS. The Mayor of the Issuer is hereby authorized to have control of the Certificates of Obligation initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates of Obligation pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates of Obligation said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates of Obligation, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel, any legend relating to bond insurance, and the assigned CUSIP numbers may be printed on the Certificates of Obligation issued and delivered under this Ordinance, but shall not have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates of Obligation. Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. (a) With respect to the Certificates and the facilities financed or refinanced with such obligations, either the "Trade or Business Test" or the "Security Interest Test" is not met, or both such tests are not met. (1) Trade or Business Test. The Trade or Business Test is met if more than 10 percent of the proceeds are to be used (directly or indirectly) for any "private business use" by any person other than a governmental unit. (2) Security Interest Test. The Security Interest Test is met if the payment of the principal of, or the interest on, more than 10 percent of the proceeds of the Certificates is (under the terms of the Certificates or any underlying arrangement) directly or indirectly- (A) secured by any interest in - (i) property used or to be used for a private business use, or (ii) payments in respect of such property, or (B) to be derived from payments (whether or not to the Issuer) in respect of property, or borrowed money, used or to be used for a private business use. 12 The term "private business use" means use (directly or indirectly) in a trade or business carried on by a person other than a governmental unit. For purposes of the preceding sentence, use as a member of the general public shall not be taken into account and any activity carried on by a natural person shall not be taken into account. All activities of organizations subject to section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code"), the Federal Government (including its agencies and instrumentalities), and other nongovernmental persons who are not natural persons are treated as trade or business activities. (b) For purposes of the trade or business test, a person may be a user of certificate proceeds and certificate-financed property as a result of (1) ownership or (2) actual or beneficial use of property pursuant to a lease, a management or incentive payment contract, or (3) any other arrangement such as a take-or-pay or other output-type contract. Use on the same basis as the general public (including use as an industrial customer) is not taken into account. However, trade or business use by all persons on a bases different from the general public is aggregated in determining if the 10 percent limit is met. (c) For purposes of the trade or business test, use pursuant to management contracts not exceeding five years (including renewal options) is not treated as private business use if - (1) at least 50 percent of the compensation to any manager other than a governmental unit is on a periodic, fixed-fee basis; (2) no amount net profits; and of compensation is based on a share of (3) the governmental unit owning the facility may terminate the contract (without penalty) at the end of any three year period. (d) For purposes of the security interest test, both direct and indirect payments made by any person (other than a governmental unit) who is treated as using the proceeds of the Certificates are counted. Such payments are counted whether or not they are formally pledged as security or are directly used to pay debt service on the Certificates. Similarly, payments to persons other than the Issuer may be considered. Revenues from generally applicable taxes are not treated as payments for purposes of the security interest test; however, special charges imposed on persons satisfying the use test (but not on members of the public generally) are so treated if the charges are in substance fees paid for the use of bond proceeds. (e) No more than 5 percent of the proceeds of the Certificates will be used for any private business use test that is not related to any governmental use of such proceeds. For this purpose, the term "related" means a use for a facility that is located within or adjacent to any governmental facility to which it is related. (f) No more than 5 percent of the proceeds of the Certificates will be used for any private business use that is disproportionate to the amount of such proceeds used for a related governmental use. The determination of whether a private use which is related to a government use also being financed with the certificate proceeds is disproportionate to the government use to which such private use relates is determined by comparing the amount of certificate proceeds used for the related private and government use. The related private use is disproportionate to the related government use to the extent it exceeds such use in amount. Multiple, 13 related private use facilities for any government use are treated as one facility for purposes of this rule. (g) The trade or business test and security interest test are deemed to be met where 5 percent or more of the proceeds of the Certificates are used with respect to any output facility (other than a facility for the furnishing of water) and the amount of proceeds so used exceeds the excess of - (1) $15 million, over (2) the aggregate amount of proceeds with respect to all prior tax-exempt issues 5 percent or more of the proceeds of which are or will be used with respect to such output facility (or any other facility which is part of the same project). There shall not be taken into account under subparagraph (2) above any bond which is not outstanding at the time of the later issue or which is to be redeemed (other than in an advance refunding) from the net proceeds of the later issue. (h) The amount of proceeds of the Certificates which are to be used (directly or indirectly) to make or finance loans to persons other than governmental units will not exceed the lesser of (a) 5 percent of such proceeds or (b) $5 million. (i) The Issuer will not take any action which would adversely affect the exemption from federal income taxation of the interest paid on the Certificates, including without limitation any action that would permit any of the Certificates to be treated at "private activity bonds" within the meaning of section 141 of the Code, or as "federally guaranteed" within the meaning of section 149(b) of the Code, and will take, or require to be taken, such acts as may be reasonably within its ability and as may from time to time be required under applicable law or regulation to continue to exempt from federal income taxation the interest on the Certificates, including the preparation and filing of any statements or information reports required to be filed by the Issuer in order to maintain the tax-exempt status of the interest on the Certificates. (j) The Issuer has not taken, has no present intention of taking any action and knows of no action taken or intended which would cause interest on the Certificates to be includable in the gross income of any bondholders for federal income tax purposes. Section 11. COVENANTS REGARDING ARBITRAGE. (a) A Rebate Fund is hereby established by the Issuer. Such Fund shall be for the sole benefit of the United States of America and shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the purpose of compliance with section 148 of the Code. (b) At the close of each "Bond Year," the Issuer shall compute the amount of "Excess Earnings," if any, for the period beginning on the date of delivery of the Certificates and ending at the close of such "Bond Year" and transfer an amount equal to the difference, if any, between the amount then in the Rebate Fund and the Excess Earnings so computed. The term "Bond Year" means with respect to the Certificates each one-year period ending on the anniversary of the date of delivery of the Certificates. If, at the close of any Bond Year, the amount in the Rebate Fund exceeds the amount that would be required to be paid to the United States of America under paragraph (d) below if the Certificates had been paid in full, such excess may be transferred from the Rebate Fund and paid to the Issuer. 14 (c) In general, means the sum of "Excess Earnings" for any period of time (i) the excess of (A) the aggregate amount earned during such period of time on all "Nonpurpose Obligations" [including gains on the disposition of such Obligations) in which "Gross Proceeds" of the issue are invested (other than amounts attributable to an excess described in this subparagraph (c)(i)], over (B) the amount that would have been earned during such period of time if the "Yield" on such Nonpurpose Obligations (other than amounts attributable to an excess described in this subparagraph (c)(i) had been equal to the yield on the issue, plus (ii) any income during such attributable to the excess described (c)(i) above. period of time in subparagraph "Excess Earnings" will not include amounts, if any, which need not be taken into account under the special rules of section 148(f)(4)(A) and (B) of the Code relating to bona fide debt service funds and the six-month temporary investment period. The terms "Nonpurpose Obligations," "Gross Proceeds" and "Yield" shall have the meanings prescribed by section 148 of the Code and shall be applied in the manner prescribed in such section. (d) The Issuer shall pay to the United States of America at least once every five-years an amount that ensures that at least 90 percent of the Excess Earnings from the date of delivery of the Certificates to the close of the period for which the payment is being made will have been paid. The Issuer shall pay to the United States of America not later than 60 days after the Certificates have been paid in full 100 percent of the amount then required to be paid under section 148(f) of the Code as a result of Excess Earnings. (e) The Issuer shall keep such records as will enable the Issuer to fulfill its responsibilities under this section and section 148(f) of the Code and shall retain such records for at least six years following the final payment of principal and interest on the Certificates. (f) The Issuer will not use any portion of the proceeds of the Certificates directly or indirectly to acquire "higher yielding investments," or to replace funds which were used directly or indirectly to acquire "higher yielding investments." The term higher yielding investments means any investment property (as defined in section 148(b)(2) of the Code) which produces a yield over the term of the issue which is materially higher than the yield on the issuer (as defined above). The foregoing limitation on higher yielding investments shall not apply to (1) proceeds of reasonable temporary proceeds are needed are issued, the Certificates invested for a period of 3 years or less until such for the purpose for which the bonds (2) amounts invested in a bona fide debt service fund if the gross earnings on such fund are less than $100,000 in any bond year, and (3) amounts in any reasonably required reserve or replacement fund which are (a) funded with the proceeds of the Certificates, and (b) not in excess of 10 percent of the proceeds of the Certificates. 15 (g) The Issuer covenants to restrict the use of Bond proceeds in such manner and to such extent, as may be necessary, so that the Certificates will not constitute arbitrage bonds under section 148 of the Code and, to the extent applicable, section 149(d) of the Code (relating to advance refundings). Any authorized representative of the Issuer having responsibility with respect to the issuance of the Certificates is authorized and directed, alone or in conjunction with any other official, employee of consultant of the Issuer to give an appropriate certificate on behalf of the Issuer, for inclusion in the transcript of proceedings for the Certificates, setting forth the facts, estimates and circumstances and reasonable expectations pertaining to section 148 of the Code and, to the extent applicable, section 149(d) of the Code. shall Code. (h) The requirements be interpreted in of this Section are subject to, and accordance with section 148 of the Section 12. DESIGNATION AS QUALIFIED TAX-EXEMPT BONDS. The Issuer hereby designates the Certificates as "qualified tax-exempt bonds" as defined in section 265(b)(3) of the Internal Revenue Code of 1986 (the "Code"). In furtherance of such designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in which the Certificates are issued, the Issuer (including any subordinate entities) has not designated nor will designate certificates, which when aggregated with the Certificates, will result in more than $10,000,000 of "qualified tax-exempt bonds" being issued; (b) that the Issuer reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year in which the Certificates are issued, by the Issuer (or any subordinate entities) will not exceed $10,000,000; and, (c) that the issuer will take such action or refrain from such action as necessary, and as more particularly set forth in Section 23 hereof, in order that the Certificates will not be considered "private activity bonds" within the meaning of section 141 of the Code. Section 13. SALE OF BONDS. The Certificates are hereby sold and shall be delivered to Rotan Mosle, Inc., at a price of par and accrued interest to date of delivery, less a discount of $10,500.00. The Certificates of Obligation shall initially be registered in the name of PaineWebber Inc. It is hereby officially found, determined, and declared that said purchaser is the highest bidder for the Certificates as a result of invitations for competitive bids. It is further officially found, determined, and declared that the Certificates have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding Instructions and Official Statement dated November 3, 1987, prepared and distributed in connection with the sale of the Bonds. The officers of the Issuer are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Ordinance. Section 14. USE OF PROCEEDS. Any accrued interest received from the initial purchaser of the Certificates shall be deposited in the Interest and Sinking Fund. An amount equal to $50,000, representing the estimated costs of issuance of the Certificates, shall be deposited in a separate account in the City's General Fund. The remaining proceeds, together with any proceeds set aside in the General Fund which are not needed to pay issuance expenses, shall be deposited in the Risk Manage- ment Fund to be established pursuant to the Risk Management and Assumption Ordinances which the Board of Commissioners intends to adopt prior to the delivery of the Certificates. 16 Section 15. APPROVAL OF OFFICIAL STATEMENT. The Issuer hereby approves the form and content of the Notice of Sale and Bidding Instructions and the Official Statement and any addenda, supplement or amendment thereto and approves their distribution and use in the reoffering of the Certificates of Obligation in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. It is further officially found, determined and declared that the statements and representations contained in said Official Statement are true and correct in all material respects to the best knowledge and belief of the Board of Commissioners. Section 16. EMERGENCY. That it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed Certificates are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Texas Civ. St. Article 6252-17. PASSED AND APPROVED this the 3rd day of December, 1987. CITY?NAGER- CLERK APPROVED AS TO FORM: 17 ORDINANCE NO. 87/29 AN ORDINANCE CRE'~TING THE RISK MANAGEMENT AND ASSUMPTION PLAN FOR THE CITY; PROVIDING THE TERMS AND PROVISIONS OF THE PLAN; AND CONTAINING OTHER MATTERS RELATED THERETO AS ARE MORE FULLY SET OUT HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of University Park, Texas (the "City") is permitted by law to provide for the defense of, and the payment of claims against, its officers, members of boards and commissions, employees and volunteers when and while acting in the ordinary course of their duties, powers and functions; and WHEREAS, the Board of Commissioners has found and determined that provision therefor should be made in accordance with this Ordinance and subject to the limitations contained herein; now therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: Section 1. Definitions. The have the otherwise: following following terms, as used in this Ordinance, shall meanings unless the context requires "Act" includes an omission or failure to act. "City" means the City of University Park, Texas. "City Vehicle" means a vehicle or any mobile equipment leased or owned by the City. "Risk Management Board" means the City's Management Board created by the Program Ordinance. Risk "Coverage Determination Action" means an action by a Plan Member to determine coverage under the Plan pursuant to Section 7 of this Ordinance. "Coverage Determination Expenses" means the reasonable expenses incurred by a Plan Member in connection with a Coverage Determination Action (including, but not limited to, costs awarded by a court and attorneys' fees) that the City is not precluded from paying by law. "Covered Act" means any act of a Plan Member that (a) occurs during the discharge of the member's official duties for the City, and (b) is within the scope of the member's office, employment, or assigned volunteer work with the City, as applicable. "Excluded Action" means Plan Member: any claim or suit against a (a) by the City; (b) that results from (i) an intentional or knowing violation of a law (including an administrative agency rule having the force and effect of law) committed by, or with the knowledge and consent of, the Plan Member, or (ii) an act of fraud committed by, or at the direction of, the Plan Member; (c) that arises while the Plan Member is operating a City Vehicle with no authority to do so; (d) that asserts or alleges liability assumed by the Plan Member under a contract, unless the contract is entered into at the request of the City; (e) that includes a joinder by the Plan Member of a claim or suit of the Plan Member against the City for benefits under the Plan; (f) for punitive damages that against the City in law; are not recoverable (g) for damages or other payments that the City is precluded from paying by law; or (h) for damages caused by intentional tort or any action outside the course and scope of a Plan Member's duties. "Excluded Loss" means any of the following: (a) any Loss that arises out of an Excluded Action; (b) any Loss the payment of which by the City is precluded by law; (c) any Loss arising out of a claim or suit resulting from a Covered Act that occurred before the Plan took effect if such claim or s~it is barred by any statute of limitations; from if: from or (d) any Loss a Covered Act arising out of a claim or suit resulting that occurs while the Plan is in effect (i) the Plan Member becomes legally obligated to Plan is terminated; and experiencing the Loss pay the Loss after the (ii) such claim or suit is barred by any statute of limitations; (e) any Loss arising out of a claim or suit resulting a Covered Act that occurs after the Plan is terminated; (f) any Loss covered by the Municipal Worker's Compensation Law. "Loss" means obligated to pay from a Covered Act. the damages that a Plan Member is legally that arise from a claim or suit resulting "Loss Expenses" means any of the following: (a) the City's expenses in investigating or defending a claim or suit that may result in a Plan Claim; (b) the costs taxed against a Plan Member in a suit that results in a Plan Claim and any pre-judgment or post-judgment interest for which the Plan Member is liable; (c) the reasonable expenses of a Plan Member incurred at the City's request in connection with a claim or suit that may result in a Plan Claim; and (d) any attorneys' fees ordered by a court to he paid by a Plan Member in a suit that results in a Plan Claim. "Plan" means the City of University Park Risk Management and Assumption Plan, as established by this Ordinance. 2 "Plan Claim" means any Plan Loss together with the Plan Loss Expenses that result from the claim or suit giving rime to such Plan Loss. "Plan Loss" means any Loss that Loss. is not an Excluded "Plan Loss Expense" means (a) any Loss Expenses, except those incurred in connection with an Excluded Action, and (b) any Coverage Determination expenses. "Plan Member" means an individual who at any time (whether before or after the establishment of the Plan) is or has been: (a) an employee of the City; (b) a member of the Board of Commissioners; (c) a member of (i) a City board, commission, or committee created by charter, ordinance, or resolution of the City, or (ii) the board of directors of any nonprofit corporation created under the authority of the Board of Commissioners as an instrumentality of the City; or (d) an individual who is a volunteer assisting the City pursuant to an official policy adopted or approved by the Board of Commissioners. "Program Ordinance: means Ordinance No. 87/30 (which establishes the City of University Park, Self-Insurance and Risk Management program), as from time to time amended. Section 2. Plan Established. The City hereby establishes the "City of University Park Risk Management Plan", which shall consist of the policies, rights, and duties embodied in this Ordinance. The Plan shall he implemented and administered as provided by this Ordinance. Section 3. Defense and Settlement. (a) The City will defend any suit, except an Excluded Action, against a Plan Member that results from a Covered Act, even if the suit is groundless or fraudulent. (b) The City may investigate, negotiate, or settle any claim or suit against a Plan Member that results from a Covered Act, as the City determines necessary or appropriate, without the consent of such Plan Member. (c) Investigation or defense by the City of a suit which is determined to be an Excluded Action shall not render the act, which is the alleged basis of the suit or claim, a Covered Act if the City notifies the Plan Member that the act might he determined to be an Excluded Action and advises the Plan Member to seek counsel. Section 4. Payment of Plan Claims. (a) Subject to Subsection City will pay each Plan Claim. (b) of this section, the (b) If a Plan Claim arises out of a claim or suit in which the City's liability (or asserted liability) exists by virtue of the Texas Tort Claims Act, as amended, Chapter 101, Civil Practice and Remedies Code, Vernon's Texas Codes Annotated, whether or not the City is a defendant, the City will pay such Plan Claim in an amount up to, but not exceeding, the limits of liability applicable to the City provided by such statute or other applicable law. (c) To he entitled to payment by the City for any Plan Claim, a Plan Member must: (i) notify the Risk Management Board in writing as soon as practicable after receipt of written notice of any claim or suit that may result in a Plan Claim and in any event not later than three working days after such receipt; (ii) cooperate with the Risk Management Board in the investigation, negotiation, or settlement of any claim or suit giving rise to the Plan Claim and enforcing any right of contribution or indemnity against an individual or organization who may he liable to the City because of the payment by the City of a Plan Claim; (iii) attend any hearing or trial held in connection with a Plan Claim, and assist in securing and giving evidence, and obtaining the attendance of witnesses; (iv) not, except upon advice of the City Attorney or when questioned by a police officer at the scene of an accident, give any oral or written statement or enter into any stipulation or agreement concerning a claim or suit resulting in a Plan Claim; (v) not, except at the Plan Member's own cost, voluntarily make any payment, assume any obligation, or incur any expense with respect to any claim or suit resulting in a Plan Claim without the consent of the Risk Management Board; (vi) deliver to the Risk Management Board, promptly upon receipt, any demand, summons, notice, or other process received by the Plan Member in connection with any claim or suit that may result in a Plan Claim; (vii) comply with the claims administration procedures of the Risk Management Board; and (viii) perform the duties and requirements imposed on the Plan Ordinance or by the Program Ordinance. comply with the Member by this Section 5. Legal Representation. (a) The City will provide legal representation for a Plan Member in a claim or suit, except an Excluded Action, in which the asserted or alleged liability of the Plan Member results from a Covered Act. (b) If the City Attorney determines that there exists a conflict of interest for the City Attorney to represent a Plan Member [pursuant to Subsection (a) of this section], the City will pay the reasonable fee of a private attorney to represent the Plan Member. The private attorney will be selected by the Risk Management Board. Section 6. Subroqation. If payment of a Plan Claim or legal representation is provided to a Plan Member under the Plan, the City is subrogated to the Plan Member's rights of recovery against any individual or organization to the extent of the City's payment or liability for payment. A Plan Member shall execute and deliver to the Risk Management Board such documents as are necessary to secure this right of 4 subrogation in the sole opinion of the City Attorney. A Plan Member shall not do anything after a Plan Claim is incurred to prejudice this right. Section 7. Determination of Coverage. (a) If the City denies coverage under the Plan to a Plan Member, the Plan Member may seek a determination by a court of proper jurisdiction of whether the member is entitled to such coverage. (b) If the court rules in favor of the Plan Member, the City shall provide such coverage to the Plan Member and shall reimburse the member for the Coverage Determination Expenses. Section 8. No Creation of Cause of Action. Nothing contained in this Ordinance shall be construed as creating a right or cause of action against a Plan Member or as giving a right or cause of action against a Plan Member or as giving a right to a third party to institute or maintain a suit that would not otherwise exist under law as a legal claim against a Plan Member. Section 9. Administration of Plan. The Risk Management Board is responsible for the administration of the Plan in accordance with its terms, subject to the superior authority of the City Commission. In the course of carrying out this responsibility, the Risk Management Board shall interpret and apply the provisions of this Ordinance. Section 10. Amendment, Repeal, and Termination. This Ordinance may be repealed or amended at any time, subject to existing rights of Plan Members under Section 4 of this Ordinance, and the City may modify or terminate the Plan at any time. Section 11. Conflicts with Other Ordinances. This Ordinance shall not operate to repeal or affect any other ordinance of the City except to the extent that the provisions thereof are inconsistent or in conflict with this Ordinance, in which event, such inconsistent or conflicting provisions in such other ordinance are hereby repealed. Section 12. Severability. If any part of this Ordinance is held to be invalid for any reason, such holding shall not affect the validity of the remaining parts of this Ordinance. Section 13. Governmental Regulations. The regulations provided in this Ordinance are hereby declared to be governmental and for the health, safety, and welfare of the general public. Section 14. Payments Subject to Appropriation. Ail amounts payable under this Ordinance are subject to available and appropriated funding therefor, except that appropriation shall not he required to the extent funding is available therefor under the Program Ordinance. Section 15. No Right to Fund by Plan Member. This Ordinance does not grant any right to any Plan Member in or to the Risk Management Fund created by the Program Ordinance. Section 16. Effective Date of Plan. The Plan shall become effective on January 1, 1988 at 12:01 a.m. PASSED AND APPROVED this 15th day of December, 1987. ATTEST: CITY ~AGER-CLERK / APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. 87/30 AN ORDINANCE ESTABLISHING THE CITY'S DEFINED SELF-INSURANCE AND RISK MANAGEMENT PROGRAM; CREATING THE CITY'S RISK MANAGEMENT BOARD; CREATING THE RISK MANAGEMENT FUND; PROVIDING THE TERMS FOR WITHDRAWALS FROM THE FUND; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AS ARE MORE FULLY SET OUT HEREIN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of University Park, Texas (the "City") is exposed under law to certain risks of liability while the City, as a municipal corporation, is engaged in its governmental and proprietary functions; and WHEREAS, pursuant to its authority under law, the City, by ordinance, has assumed the risk of liability for certain losses of and possible claims against its officers, employees, board and commission members, and certain volunteers, and has established the "City of University Park Risk Management Plan"; and WHEREAS, the City is permitted by law to insure itself against the various risks of liability and loss to which it is exposed, (including specifically, automobile liability, automobile physical damage, general liability, public officials liability and law enforcement liability) either through insurance providers or through a defined self- insurance program; and WHEREAS, the Board of Commissioners has found and determined that current rates from insurance providers for coverage of the City's exposure to risks of liability and loss are prohibitive or excessive in cost, and, if such insurance coverage were purchased, an unacceptable burden on the City's taxpayers and citizens would result, with only minimal coverage of the risks; and WHEREAS, the absence of funded arrangements for paying potential claims in connection with certain risks of liability and loss to which the City is exposed, either through reasonably priced insurance or through a defined and pre-funded self-insurance program, creates extraordinary burdens on the City's budgetary process and exposes the City and its taxpayers and citizens to unexpected surges in expenditure requirements that cannot be budgeted for in advance, to the detriment of other City requirements for funds; and WHEREAS, the Board of Commissioners has found and determined, that it is in the best interests of the City and its taxpayers and citizens to establish and maintain a pre-funded self-insurance and risk management program, to provide for a risk management fund, to define the type and extent of claims that may be paid from the risk management fund, and to provide for contributions to the risk management fund in amounts that are based upon actuarial analyses of the covered risks and the possible claims that may be paid from the fund; Now, therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: ARTICLE I GENERAL PROVISIONS Section 1.01. Definitions The following terms, as used in this Ordinance, have the following meanings unless the context requires otherwise: "act" includes an omission or failure to act. "Administrative Expenses" means the expenses of administering the Program, to the extent designated at such by the Risk Management Board, including (but not limited to) the following: (a) the compensation paid any risk management consultant; to the Risk Manager or to (b) the compensation paid to any person or organiza- tion for the administration of the Risk Management Program, including but not limited to, Claims Adjuster, Loss Control Services, Management Information Services Providers or any professional actuary; (c) the expenses of defending any Claim, including (but not limited to) the following: (i) compensation paid to expert witnesses; (ii) attorneys' fees and expenses and court costs; and (iii) investigation expenses; (d) any expenses incurred by the City in the course of any financing undertaken to provide funding for the Fund or to repay any obligation incurred by the City in the course of such a financing; or (e) The cost of Program Insurance that is purchased in accordance with the Program Ordinance; "Advertising Injury" means any injury to a person that results from the promotional activities of the City if such injury arises out of libel, slander, defamation, violation of right to privacy, commercial piracy, unfair competition, or infringement of copyright, title or slogan, registered trade mark, service mark, or trade name. "Advertising Injury Claim" means a Program General Liability Claim in which the Damages are asserted to be the result of Advertising Injury. "Annual Period" means the period of 12 consecutive calendar months beginning on the effective date of the Program and on each successive anniversary of the effective date of the Program. "Assumed General for which the City, Board, is liable. Liability Claim" means any Plan Claim in the judgment of the Risk Management "Assumed Risks" means the risks for which the City has assumed liability pursuant to the Risk Assumption Ordinance. "Bodily Injury" illness sustained by death. means any physical harm or physical any individual, including a resulting "City" means the City of University Park, Texas. "City Attorney" means the city attorney of the City. "Board the City. of Commissioners" means the governing body of "City Manager" means the duly appointed and designated city manager of the City. "Claim" means any claim or suit against the City, or any claim or suit against any Plan Member that the City is responsible for defending under the Risk Assumption Ordinance, regardless of whether any Damages resulting from such claim or suit are permitted under the Program Ordinance to be paid from the Fund. "Claims Adjuster" means any person designated as a Claim Adjuster as provided by Section 4.02 of the Program Ordinance. "Corporate General Liability Claim" means any Corporate General Liability Damages, together with the Corporate General Liability Expenses that result from the Claim giving rise to such Corporate General Liability Damages, but does not include a Workers' Compensation Payment. "Corporate General Liability Conduct" means any of the following: (a) any Error or Omission that causes an Injury; (b) any conduct of the City or a Plan Member that: (i) causes Bodily Injury, Property Damage, or Regulatory Injury that is not intended or expected by the actor; (ii) causes Advertising Injury that (A) is not intended or expected by the actor, and (B) does not arise out of any statement that the actor knows is false; or (iii) causes Personal Injury or Property Damage (regardless of whether intended or expected by the actor) that results from (A) the use of reasonable force for the purpose of protecting persons or property, or (B) the discharge of the actor's official duties for the City. "Corporate General Liability Damages" means the Damages for which the City, in the judgment of the Risk Management Board, is liable as a result of a Claim arising from Corporate General Liability Conduct. "Corporate General Liability Expenses" means the court costs, pre-judgment and post-judgment interest, attorneys' fees, and any other expenses or costs for which the City, in the judgment of the Risk Management Board, is liable as a result of a Claim giving rise to Corporate General Liability Damages. "Corporate General Liability Risks" means the risks for which the City, as a municipal corporation, may be held liable by operation of law in the course of performing its governmental or proprietary functions. "Damages" means compensatory damages, punitive damages, special damages, or any other classification of damages that lawfully may be awarded against the City or a Plan Member as a result of a Claim. "Error or Omission" means any act of a Plan Member that results in or constitutes an erroneous or improper discharge of such Plan Member's official duties for the City (including the making of an incorrect statement), but that does not constitute legally actionable fraud or an intentional or knowing breach of duty. "Excluded Payment" means any of the following payments: (a) the payment of a Program Claim that is not made while the Program is in effect in accordance with applicable claims administration procedures; (b) the payment of any Program Claim involving Damages that arise from the exercise by the City of its power of eminent domain; (c) Claim, or Fund is Ordinance, paid from: the payment of all or that portion of any Program of any other item for which a withdrawal from the permitted by Section 3.01(a) of the Program that, in lieu of payment from the Fund, can be (i) the proceeds of insurance carried by the City, including (but not limited to) casualty or liability insurance, workers' compensation insurance, or property insurance; (ii) the proceeds any health, accident, provided by the City; or of any insurance carried under or similar plan of benefits (iii) any fund, reserves, or other source of payment available to the City that has been designated or otherwise set aside for such purpose; (d) the payment of any Program General Liability Claim arising from an Injury that results from the distribution (whether by sale, gift, or otherwise) of an alcoholic beverage, other than a distribution at an activity or function that is incidental to the City's business, that (i) is in violation of the law, (ii) is to a minor or to an individual who is under the influence of alcohol, or (iii) causes or contributes to the intoxication of any individual; (e) the payment of any Program Claim arising from an Injury that results from declared or undeclared war (including civil war, insurrection, rebellion, or similar hostility) or any act or condition incident to war; or (f) the payment of any Program Claim; (i) in which the City's liability exists by virtue of the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated, regardless of whether the City is a defendant, that exceeds the limits on liability applicable to the City under that statute; (ii) that the City is otherwise granted immunity from paying or precluded from paying by law; or (iii) in an amount that exceeds any limits prescribed by the Program Ordinance on the amounts of withdrawals that may be made from the Fund to pay Program Claims. "Finance Director" means the responsibility for the management affairs. individual having the of the City's financial "Fund" means the Risk Management Fund Section 2.05 of the Program Ordinance. created by "Fund Surplus" means the amount of money in the Fund that is in excess of the amount that, in the opinion of a professional actuary, is required to maintain the Fund on an actuarially-sound basis, to the extent reasonably practicable, for the period of time and the risks of loss for which it is then funded. "Injury" means any of the following injuries: (a) Advertising Injury; (b) Personal Injury; (c) Property Damage; (d) Regulatory Injury; "law" includes the federal and Texas constitutions and statutes, the City ordinances, any administrative rules having the force and effect of law, and any controlling judicial decisions applicable to the City. "Occurrence" means an episode, an incident or series of related incidents, or an event or series of related events that result in compensable injury to one or more persons. "Person" includes an individual; partnership, trust, or other association; corporation; or governmental entity or agency. "Personal mental harm, accompanied humiliation, process, (g) reputation, violation of rights. Injury" means any (a) Bodily Injury, (b) anguish, or illness (regardless of whether by Bodily Injury), (c) discrimination, (d) (e) assault, (f) false or improper service of false imprisonment, (h) damage to character, or integrity, (i) invasion of privacy, (j) property rights, or (k) violation of civil "Personal Injury Claim" means any Program General Liability Claim in which the Damages are asserted to be the result of Personal Injury. "Plan Claim" means any "Plan Claim" as defined in the Risk Assumption Ordinance. "Plan Loss Expenses" means any "Plan Loss Expenses" as defined in the Risk Assumption Ordinance. "Plan Member" means any "Plan Member" as defined in the Risk Assumption Ordinance. "Program" means the City of University Park Self- Insurance and Risk Management Program established by Section 2.01 of the Program Ordinance. "Program Claim" Claim. means any Program General Liability "Program General Liability Claim" means any Assumed General Liability Claim or any Corporate General Liability Claim. "Program Insurance" means any insurance (other than the self-insurance provided by the Fund) that is obtained by the City pursuant to Section 5.03 of the Program Ordinance. "Program Ordinance" amendments hereto. means this Ordinance and any "Program Risks" means any of the following risks: (a) the Assumed Risks; and (b) the Corporate General Liability Risks. "Property Damage" means any damage to or destruction of tangible property or the loss of use of tangible property. "Property Damage Claim" means a Program General Liability Claim in which the Damages are asserted to be the result of Property Damage. "Regulatory by a person as performance of functions Injury" means any economic loss sustained a result of any act by the City in the its regulatory or property acquisition "Risk Assumption Ordinance" means Ordinance No. (which establishes the City of University Park Risk Management Plan), as from time to time amended. "Risk Management Board" means the Risk Management Board created by Section 2.02 of the Program Ordinance. Risk Manager" means the person serving as the Risk Manager pursuant to Section 5.01 of the Program Ordinance. "Termination Date" means January 1, 1998 or any other date of termination of the Program specified by ordinance or resolution of the City. Section 1.02. Interpretation. (a) Whenever the context requires: (i) references in the Program Ordinance of the singular number shall include the plural and vice versa; and (ii) words used the gender shall be construed feminine, and neuter. Program Ordinance denoting to include the masculine, (b) The Table of Contents and the titles given to any article or section of the Program Ordinance are for convenience only and are not intended to modify or affect the meaning of the Program Ordinance. ARTICLE II ESTABLISHMENT OF PROGRAM Section 2.01. Program Established. The City hereby establishes the "City of University Park Self-Insurance and Risk Management Program", which shall consist of the policies, rights, and duties embodied in the Program Ordinance. The Program shall be implemented and administered as provided by the Program Ordinance. Section 2.02. Risk Management Board Created. (a) The Risk Management Board shall be composed of the following five members: (i) the City Manager-Clerk, or his designee, as chairman, (ii) the Chief of Police and Fire, (iii) the Finance Director, (iv) the City Attorney, and (v) the Risk Manager. (c) The City Manager-Clerk shall Secretary of the Risk Management Board. serve as the (d) The Risk Management Board may select such other officers as it determines appropriate from among its members. Section 2.03. Powers, Management Board Generally. Duties, and Functions of Risk (a) The Risk Management Board may exercise the powers and shall perform the duties and functions prescribed by the Program Ordinance, the Risk Assumption Ordinance, and any other ordinance of the City. (b) The Risk Management Board may establish rule-s governing the conduct of its affairs. (c) The Risk Management Board may take such actions as are necessary to enable it to properly and effectively exercise the powers and perform the duties and functions delegated to it under the Program Ordinance or any other ordinance of the City. Section 2.04. Program. Risk Management Board to Administer The Risk Management Board is responsible for the administration of the Program in accordance with the Program Ordinance, subject to the superior authority of the Board of Commissioners. In the course of carrying out this responsibility, the Risk Management Board shall interpret and apply the provisions of the Program Ordinance and the Risk Assumption Ordinance. Section 2.05. Risk Manaqement Fund Created. (a) The "Risk Management Fund" is hereby created. (b) The Fund is a special trust fund of the City, created for the purpose of providing capital for the Program to be used as provided by the Program Ordinance. (c) No person (including any Plan Member), other than the City, has, or is granted or vested with, any right to any of the money in the Fund. (d) The Fund shall be maintained at the City's depository bank unless required to be maintained elsewhere by another City ordinance or by agreement entered into by the City. Section 2.06. Capitalizinq the Fund. (a) The Fund may be funded with money; (i) provided by time, upon the order budgeted, appropriated, money; or contributions made from time to of the City Commission, from and currently available City (ii) derived from time to time by the City from any other lawfully available source of funding. (b) The Board of Commissioners directs that $1,000,000 of the proceeds of the City's Certificates of Obligation, Series 1987 together with $1,275,000 of the City's reserves be deposited in the Fund on or prior to January 1, 1988. Section 2.07. Risk Retention Policy. It is the policy of the City, subject to budgetary and general economic conditions, to self-insure against Program Risks through the Fund and to provide such self-insurance by depositing money into the Fund in amounts sufficient, under actuarial determinations, to provide for the defined self-insurance coverages prescribed by the Program Ordinance. It is further the policy of the City, under the appropriate conditions, to obtain Program Insurance as provided by the Program Ordinance. 7 Section 2.08. No Admission of Liability for Claims. The City, by virtue of establishing and maintaining the Program, is not admitting liability for any Claim. The City reserves the right to assert any defense to the payment or collection of any Claim that is available to it under any theory of Law. ARTICLE III REGULATION OF RISK MANAGEMENT FUND Section 3.01. Authorized Withdrawal from Fund. (a) Money may be withdrawn from the Fund only for the following purposes: (i) to reimburse Expenses; the City for Administrative (ii) to pay any Program Claim; (iii) to pay any Fund Surplus to the City; (iv) to retire (by scheduled payment, prepayment, defeasance, or otherwise) any obligation of the City incurred in connection with providing funding for the Fund; or (v) to reimburse the City for any payment made under any agreement to provide funding for the Fund that is permitted to be paid to the City pursuant to such agreement, or, to the extent and under the terms and conditions provided in such agreement, to cure a default in payment by the City under such agreement. (b) No withdrawal from the Fund may be made except in accordance with the Program Ordinance. (c) Money may not be withdrawn from the Fund to make any Excluded Payment. Section 3.02. Control of Withdrawals from Fund. (a) Subject to the regulations and limitations provided by the Program Ordinance, the determination of whether money in the Fund is to be withdrawn is in the discretion of the Risk Management Board. (b) An aggregate amount exceeding $1,000,000 may not be withdrawn from the Fund to pay the program Claims of any one claimant that arise from the same Occurrence unless the Board of Commissioners approves a greater amount for that purpose. Section 3.03. Method of Withdrawal from Fund. Withdrawals from the Fund may be made, upon the order of the Risk Management Board, by check or draft drawn on the Fund. Section 3.04. Withdrawal of Fund Surplus. Fund surplus may not be withdrawn from the Fund more often than once a year. Section 3.05. Program Claims. Limits on Amount of Withdrawals for (a) The aggregate amount of withdrawals from the Fund to pay all Corporate General Liability Claims that arise from 8 any one Occurrence may not exceed the following amounts for the following respective classifications of Corporate General Liability Claims: (i) for Personal Injury Claims: $1,000,000; (ii) for Property Damage Claims: $1,000,000; (iii) for Advertising Injury Claims: $1,000,000; (iv) for Regulatory Injury Claims: $1,000,000; (b) The aggregate amount of withdrawals from the Fund to pay all Assumed General Liability Claims that arise from any one Occurrence may not exceed $1,000,000. (c) The aggregate amount of withdrawals from the Fund in any one Annual Period to pay Program General Liability Claims may not exceed $3,000,000. Section 3.06. Investments of Fund. The Risk Management Board shall direct the investment of money in the Fund in investments that are eligible as lawful investments for other public funds of the City. By ordinance the Board of Commissioners shall determine when and what portion, if any, of the realized investment income shall be withdrawn from the Fund for deposit to the other accounts of the City. ARTICLE IV ADMINISTRATION OF CLAIMS Section 4.01. Administration of Claims Generally. The Risk Management Board is responsible administration of Claims. for the Section 4.02. Claims Adjusters. (a) The Risk Management Board may allow one or more claims adjusters (each a "Claims Adjuster") to adjust or otherwise administer Claims for the City. (b) Each person that is to serve as a Claims Adjuster shall be designated or authorized by the Risk Management Board. A Claims Adjuster may be selected from among the City's administrative staff, or a professional claims handling or management service may be retained as a Claims Adjuster. (c) If a professional claims handling or management service is to he retained as a Claims Adjuster, such employment shall be on a non-exclusive basis, and the contract under which such service is retained shall be made terminable by the City upon the expiration of a reasonable term fixed by the Risk Management Board. (d) Each Claims Adjuster shall be directly responsible to the Risk Management Board or its designee and shall follow any claims administration policies and procedures established by the Risk Management Board. Section 4.03. Defense of Claims. (a) The Risk Management Board shall direct the defense of the City in Claims. (b) The Risk Management Board, under supervision of the City Attorney, may retain attorneys, experts, and investigators in connection with the defense of any Claim. Section 4.04. Settlement of Claims. (a) The settle Claims, section. Risk Management Board, in its discretion, may subject to the limitations prescribed by this (b) The Claims of the same Occurrence may amount exceeding $25,000 Commission. any one claimant that arises from not be settled for an aggregate without the approval of the City (c) The Risk Management Board may authorize Claims Adjusters to settle, without the advance approval of the Risk Management Board, the Claims of any one claimant that arise from the same Occurrence for an aggregate amount not exceeding $10,000. (d) The Risk Manager may settle, with the approval of the City Manager but without the approval of the Risk Management Board, the Claims of any one claimant that arise from the same Occurrence for an aggregate amount not exceeding $10,000. Section 4.05. Payment of Non-Covered Claims. Any Claim that the City is legally obligated to pay that is not a Program Claim or, if a Program Claim, that is in excess of the amount permitted under the Program Ordinance to be withdrawn from the Fund to pay such program Claim, may be paid by the City only at such times and from such sources of@ payment as are required by law. ARTICLE V RISK MANAGEMENT Section 5.01. Risk Manager. (a) The Program shall manager (the "Risk Manager"). include the services of a risk (b) The Risk Manager may be an individual selected by the City Manager from among the City's administrative staff or an individual selected by the City Manager who is hired as a City employee, or a professional risk management service may be retained as the Risk Manager. If a professional risk management service is to be retained as the Risk Manager, the selection of the service shall be made by the City Manager subject to the approval of the Risk Management Board. (c) The Risk Manager shall perform the duties and functions prescribed by the Program Ordinance, subject to the superior authority of the City Manager and the Risk Management Board. Section 5.02. Risk Management Activities Generally. (a) The Risk Manager shall activities: coordinate the following (i) identify and quantify (to the extent practicable) the risks that have the potential to result in loss to the City or Plan Members resulting from Claims; 10 (ii) subject to the approval of the City Manager and the Risk Management Board, devise and implement programs designed to reduce the City's and the Plan Members' exposure to loss due to Program Risks, including (but not limited to) risk assumption, risk reduction, risk retention, and risk transfer (including the purchase of Program Insurance); (iii) develop and maintain for the City Manager and the Risk Management Board an information system, in coordination with any existing systems of the City, for the efficient recording of Program information, including (but not necessarily limited to) information concerning Claims, Plan Loss Expenses and Corporate Damage Expenses, Administrative Expenses, withdrawals from the Fund, and Program Insurance premium. (iv) perform such specified by the City Board. other services as may be Manager or the Risk Management (b) Subject to applicable budgetary restrictions and with the consent of the City Manager and the Risk Management Board, the Risk Manager may coordinate the safety and other risk management policies and procedures that are to be followed by the City. Section 5.03. Program Insurance. (a) Insurance ("Program Insurance") under the following circumstances: may be obtained (i) as excess coverage over that provided by the Fund, at reinsurance for the Fund, or at first-dollar coverage in lieu of that provided by the Fund (which may result in converting coverage provided by the Fund into excess coverage) if, in each case, the insurance is obtainable on a fiscally-sound basis, giving consideration to the investment opportunities for the fund and any shock loss exposure of the City due to the Program Risks; (ii) when services that are necessary to effectively administer the Program can be obtained only through the obtaining of the insurance; (iii) when the City is required by contract or law to obtain the insurance; or (iv) when the limitations on coverage under the Fund do not result in long-term economic advantage to the City, and the insurance obtained either does not contain, or offsets or reduces, such limitations. (b) The procurement of Program Insurance shall be coordinated by the Risk Manager and approved by the Risk Management Board and the Board of Commissioners. (c) Program Insurance shall he obtained from sources determined to be in the best interests of the City. No particular insurance or financial quality rating is required, but the insurance provider must be in excellent financial condition as determined by the Risk Management Board. (d) When practicable, the remuneration of agents or brokers providing insurance services to the City pursuant to the Program Ordinance shall be on a fee basis. Section 5.04. Cooperation with City Administration. To promote the efficient and effective administration 11 of the Program, the various department heads and other employees having administrative responsibilities for the City are encouraged and directed to cooperate with the Risk Manager. ARTICLE VI OTHER PROGRAM PROVISIONS Section 6.01. Program Status. Report to Board of Commissioners on The Risk report to the experience of the Fund. Management Board, at least quarterly, shall Board of Commissioners on the status and the Program, including the financial status of Section 6.02. Alteration and Termination of Program. (a) Subject to Subsection (b) of this section, the City, by ordinance, may alter the Program from time to time or terminate the Program at any time without notice to any Plan Member or other person. (b) The City, Commissioners, may Program. by agreement approved by the Board of limit its right to alter or terminate the Section 6.03. Effective Date of Program Duration. The Program shall become effective at 12:01 a.m., on January 1, 1988 and shall continue in effect until 11:59 p.m. on the Termination Date. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.01. Conflicts with other Ordinances. This Ordinance shall not operate to repeal or affect any other ordinance of the City except to the extent that the provisions thereof are inconsistent or in conflict with this Ordinance, in which event, such inconsistent or conflicting provisions in such other ordinance are hereby repealed. Section 7.02. Severability. If any part of this Ordinance is held to be invalid for any reason, such holding shall not affect the validity of the remaining parts of this Ordinance. Section 7.03. Governmental Regulations. The regulations provided in this Ordinance are hereby declared to be governmental for the health, safety, and welfare of the general public. INTRODUCED, PASSED, day of December, 1987. APPROVED AND EFFECTIVE ON THE 15th ATTEST: CITY MANAGER- CLERK'~ 12 ORDINANCE NO. 87/31 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 (PAY PLAN ORDINANCE NO. 87/22), OF THE CODE OF ORDINANCES, BY PROVIDING CERTAIN CATEGORIES OF PAY FOR POLICE OFFICERS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT Chapter 8, Section 10 (Pay Plan Ordinance No. 87/22) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to include new Subsections 6., 9. and 13., and to renumber the other Subsections, which such amendment shall read as follows: SECTION 10. CITY PAY PLAN 6. DIFFERENTIAL INCENTIVE PAY Police Officers working evening shift would receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers working deep night shift would receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed personnel in the Fire Department shall receive incentive pay for education in fire protection technology. This plan does not include the rank of Captain or higher. 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond basic should carry the following incentive pay: 1. Intermediate 2. Advanced 3. Master's Degree $25.00 per month $50.00 per month $75.00 per month 10. 11. No Fire Department personnel shall receive more than $100.00 per month of incentive pay. (b) Uniformed personnel in the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for educational incentive pay as follows: 1. Associate Degree 2. Bachelor's Degree $25.00 per month $50.00 per month In addition to the above, officers of the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for a certification pay incentive according to the TCLEOSE certification held by that officer: 1. Intermediate Certificate 2. Advanced Certificate $25.00 per month $50.00 per month No Police Department personnel shall receive more than $100.00 per month of incentive pay. MASTER POLICE OFFICER. The Master Police Officer designation is hereby established for any officer attaining the qualifications set by the Department. The designation would carry a fifty dollar ($50.00) per month increase in salary. The qualifications for this designation are as follows: a. Must have been five (5) years with the Department, or two (2) years with the Department and have an Advanced Certificate; b. Must maintain an average of six (6) on his/her performance evaluations for the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer assignment, the officer must successfuly complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation School. If upon attaining the designation of Master Police Officer the officer fails to maintain the above standards, the Chief of Police may reassign the officer to Patrol Officer status, until the officer again meets the standards listed above. EXCESS OF FORTY (40) HOURS. Ail employees not listed as exempt from overtime by Administrative Order PRS-4 shall receive pay at the rate of one and 1/2 times of base pay for all hours worked over forty (40) hours per week. Holidays will not count as a work day for the purpose of this section. COMPENSATORY PAY TIME. It is possible to give compensatory pay time as long as the comp time off is given within the pay period in which it is earned. All compensatory time must be approved by the department head and given to the payroll clerk for record keeping. Unless the department head and supervisor certify accrued comp time, no claims will be allowed. 12. APPLICATION OF PAY PLAN. The pay plan, as outlined above, applies only to regular full-time employees except for the overtime provisions. 13. PLAN INTO EFFECT. This amended ordinance is effective on October 1, 1987, except for Items 6. and 9. which are effective on January 6, 1988. 14. INTERPRETATION. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. PASSED AND APPROVED this 15th day of December, 1987. ATTEST: · CITY MANaGER-CLERK ORDINANCE NO. 87/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 19, OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING SUBSECTION H. (4), TENNIS PERMITS AND FEES; SUBSECTION J. (2) (3) AND (4), RENTAL OF GOAR PARK PAVILION; AND BY ADDING SUB- SECTION K. (1) AND (2), PLAYING FIELD RESERVATION SYSTEM; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 That Chapter 1, Section 19. H. (4) of the Code of Ordinances, City of University Park is hereby amended to read as follows: H. TENNIS COURT RESERVATIONS (4) Permits and Fees Ail qualified residents of the City of University Park, upon making application with the water department, may secure an annual tennis permit. Such permit shall be numbered and coded so as to indicate the time of its validity. The charge shall be as follows: Individual tennis permit ..................... Family tennis permit Under twelve (12) years of age Over sixty five (65) years of age or older · - $2o.oo $4O.OO $ 7.50 $ 7.50 The permit number shall be used in obtaining a reservation from the reservations office located in the fire department. SECTION 2 That Ordinances as follows: Chapter 1, Section 19. J. (2) (3) and (4) of the Code of of the City of University Park is hereby amended to read J. RENTAL OF GOAR PARK PAVILION (2) Bona fide residents of University Park may use the pavilion for personal use for twenty dollars ($20.00) per hour during the daytime (9:00 a.m. to 5:00 p.m.), and for thirty dollars ($30.00) per hour for evening use (5:00 to 11:00 p.m.). (3) Ail other groups who use the pavilion for personal use, except those specified in the following section, shall pay forty dollars ($40.00) per hour for daytime use, and sixty dollars ($60.00) per hour for evening use. (4) Ail applicants that desire to use the facility for business, commercial, or professional gatherings may apply for the use of said pavilion for daytime hours between 9:00 a.m. and 5:00 p.m., and if such application is approved, the applicant shall pay the City seventy five dollars ($75.00) per hour, but the applicant may make no charges nor collect any money of any kind or character from any person whatsoever. SECTION 3 That Chapter 1, Section 19 is hereby amended by adding a new subsection to be named Subsection K. (1) and (2), which such Subsection shall read as follows: K. PARKS AND PLAYING FIELD RESERVATIONS (1) Use of Parks and Park Facilities: (a) City related functions shall have the first priority on the parks and shall use the parks without charge. (b) Commercial use of any and all park facilities (including tennis courts and Goar Park Pavilion) for filming, photographing, etc., shall carry a charge of seventy five dollars ($75.00) per hour, plus a damage and clean up deposit of two hundred and fifty dollars ($250.00). (c) The use of picnic areas and first come first served basis. made. play equipment is on a No reservations are (2) Playing Field Reservations are parks: Burleson, Caruth, Coffee, Smith, and Williams. made for Curtis, the following Germany, Goar, (a) Residency Requirement: Only bona fide residents of the City of University Park can make reservations, and a majority of the team or group members using the playing field must also reside in University Park. (c) Reservation Card: Bona fide residents who are interested in making playing field reservations shall buy an annual reservation card from the reservations clerk for a fee of ten dollars ($10.00). (d) Time Limit: Reservations will be made for one hour per team per week, for a three (3) month-period or less. (e) Special Exception: There shall be no residency requirement, no fee required, and no time restric- tions on reservations made by the Park Cities YMCA and such YMCA shall be allowed to make annual reservations and to have first choice at all parks. SECTION 4 That all ordinances of the City in conflict with the provisions of this ordinance be 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 Section apply. Chapter 1, Section 5 (General Penalty for Violations) and 6 (Severability of Parts) of the Code of Ordinances shall SECTION 6 This Ordinance shall be in full force and effect on the 1st day of January, 1988. PASSED AND APPROVED this the 15th day of December, 1987. CITY MANAGER-CLERK ORDINANCE NO. 88/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 23 OF THE CODE OF ORDI- NANCES BY CHANGING ITS NAME TO "TELECOMMUNICATIONS SERVICE FEES"; WITH SUBSECTION A. BEING "SALES TAX ON TELECOMMUNICATIONS SERVICES"; AND SUBSECTION B. A NEW SUBSECTION) BEING "E 9-1-1 EMERGENCY SERVICE FEE". THE NEW SUBSECTION ALSO AUTHORIZES AND DIRECTS SOUTHWESTERN BELL TELEPHONE COMPANY TO CHARGE TELEPHONE SUBSCRIBERS A E 9-1-1 EMERGENCY SERVICE FEE; AUTHORIZES THE EXECUTION OF A WRITTEN CONTRACT WITH SOUTHWESTERN BELL FOR COLLECTION OF FEES; PROVIDES EXCEPTIONS; PROVIDES FOR A PUBLIC HEARING; PROVIDES A SEVERABILITY CLAUSE; AND PROVIDES AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 23 of the Code of Ordinances be hereby amended to read as follows: CHAPTER 1 GENERAL PROVISIONS SECTION 23: SALES TAX AND/OR SERVICE FEES ON TELECOMMUNICATION SERVICES A. SALES TAX ON TELECOMMUNICATIONS SERVICES A tax is hereby authorized on all telecommunications services sold within the City of University Park, Texas. For purposes of this subsection, the sale of telecommuni- cations services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed. The application of the exemption provided for in Article 1066c, Section 4B(a), V.A.T.C.S. is hereby repealed by the City of University Park, Texas, as authorized by Section 4B(b) thereof. The rate of tax imposed by the City of University Park, Texas, for all other local sales and use taxes as authorized by the legislature of the State of Texas. The city clerk shai~ forward to the comptroller of the State of Texas by United States Registered or Certified Mail a copy of this section along with a copy of the minutes of the Board of Commis- sioners' vote and discussion on this section. This section shall be and is hereby declared to be cumulative of all other ordinances of the City of University Park, Texas, and this section shall not operate to repeal or affect any of such other ordinances. The tax provided for hereunder shall not serve as an offset to, be in lieu of or in any way reduce any amount payable to the city pursuant to any franchise, street use ordinance, charter provision, statute or, without limitation by the foregoing enumeration, otherwise payable by any provider of telecommunications service; it being the express intent hereof that all such obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby. B. E 9-1-1 EMERGENCY SERVICE FEE (1) There is hereby imposed on each telephone subscriber's local exchange access line, or its (2) (3) (4) (5) equivalent in the City of University Park, Texas a E 9-1-1 emergency service fee of 6% of the monthly residential base telephone rate per month for each residential line, 6% of the monthly business base telephone rate per month for each business line, or 6% of the monthly business trunk base telephone rate per month for each business trunk line. (The above fees are based upon the base rate for residential, business, and business trunk lines as established by Southwestern Bell and approved by the Public Utility Commission of the State of Texas.) Such fees shall be used to provide for the purchase, installation, operating and maintenance expenses of E 9-1-1 emergency service to be furnished pursuant to an application for service dated January 26, 1988 between the City of University Park and Southwestern Bell Telephone Company for E 9-1-1 services. (A copy of said application for service is on file in the office of the City Manager of University Park, Texas.) The City Manager of the City of University Park is authorized to execute a contract on behalf of the City of University Park with Southwestern Bell Telephone Company pursuant to the provisions of this ordinance to provide for the implementation and maintenance of E 9-1-1 emergency service for all telephone subscribers located within the municipal boundaries of the City of University Park. Such contract shall contain no provision or term inconsistent with Articles 1432d or 1432e, Vernon's Annotated Texas Statutes and/or the rules and regulations promulgated, issued and/or approved by the Public Utility Commission of Texas. A fee may not be imposed upon more than one hundred (100) local exchange access lines per telephone subscriber per location; not may a fee be imposed upon any coin operated or coin/card reader operated telephone equipment. The fee shall be separately stated on each subscriber's bill; and the fee may not exceed six percent (6%) of the Southwestern Bell's base rate (recurring charge, exclusive of all taxes, fees, license costs or similar charges for local exchange access lines or trunks or their equivalent. Furthermore, the fee shall be uniformly applied to all local exchange access lines within the city limits. The fees imposed by this ordinance may not be imposed until the E 9-1-1 service is fully operational within the City. Southwestern Bell shall be advised with a certified copy of this ordinance at least one hundred twenty (120) days prior to the desired first billing date of the fees imposed by this ordinance. One (1) or more public hearings shall be conducted prior to the amendment of the emergency service fees imposed by this ordinance. In the event the Board of Commissioners desires to amend such fees it will provide Southwestern Bell Telephone Company at least ninety (90) days written notice prior to the desired implementation date of such amended fees. Southwestern Bell will provide the City of University Park with a list of subscribers who have specifically refused to pay the E 9-1-1 emergency service fee. Such list shall be provided not more than once per calendar year. Southwestern Bell will not be obligated to take any legal action to enforce the collection of any billed emergency service fees; nor will it be obligated to disconnect any subscriber's telephone service service fees. for failure to pay the emergency (6) Southwestern Bell will retain records of the fees collected pursuant to this ordinance. Such records will be retained for a period not to exceed two (2) years from the date of collection. The City of University Park may, as its sole cost and expense, audit Southwestern Bell's records of the collected fees not more often than once annually. (7) Southwestern Bell will remit the collected E 9-1-1 emergency service fees to the City of University Park on a periodic basis, not more frequently than monthly, on/or before the 60th day after the close of the month in which such fees were collected. Southwestern Bell will retain, from its remittance to the City of University Park, two percent (2%) of the collected E 9-1-1 emergency service fees as its compensation for providing such collection. (8) Should any paragraph, sentence, 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 involved illegal or unconstitution- al, and shall not affect the validity of the Code of Ordinances as a whole. SECTION II THAT this ordinance shall become effective and be in full force and effect from and after the date of passage and publication as required by law. PASSED AND APPROVED this the 26th day of January, 1988. CITY MA~GER-CLER~ / APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. 88/2 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 12: CITY COMMISSION, SUBSECTIONS C.(1), (8) (b)(ii), AND (9) OF THE CODE OF ORDINANCES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 1, Section 12.C., Subsections (1), (8)(b)(ii), and (9) are hereby amended to read as follows: CHAPTER 1 GENERAL PROVISIONS SECTION 12: CITY COMMISSION C. COMMISSION MEETINGS (1) Time of Meetings The city commission shall hold one regular meeting on the third Tuesday of each month at 5:00 p.m. The meeting shall be held in the council chambers, and the commission may adjourn from day to day until such business before it may be finished. Nothing herein, however, shall prevent the commission from holding its regular meeting at any other time or place if such change is passed by a majority vote and entered upon the minutes. (8) Preparation of Agenda (b) In the absence of all members of the commission, the city manager-clerk or his designee shall prepare such agenda following guidelines as laid down herein or in the order of business. (ii) As the city commission meets in regular session on the third Tuesday of each month, items to be included in the agenda must be received at the office of the assistant city clerk no later than the second Tuesday of each month. (9) Order of Business The following rule shall govern the order of the agenda and subsequently the city commission meeting. Unless the order shall be temporarily suspended by unanimous consent, the city commission shall proceed to transact business before it in the following order: (a) Pre-meeting (for agenda clarification); (b) Call the meeting to order; (c) Devotional exercises; (d) Giving of awards or retirement recognition; (e) Main agenda (items which require hearings discussion); (f) Consent agenda (routine, non-controversial items); (g) Items from the floor. or PASSED AND APPROVED this the 26th day of January, 1988. CITY M~R-CLERK''~ ;ilZiii'i~i~iiZjiiii~fji-ii./Zii31111~'iiZi Z ii;i iii ?,7, ..................................................................................................................................................................................................................................................................... ORDINANCE NO. 88/3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 14, OF THE CODE OF ORDINANCES TO PROVIDE FOR REGULATION OF MUNICIPAL ELECTIONS; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That Chapter 1, Section 14, of the revised Code of Ordinances, 1981, City of University Park, Texas, be, and the same is hereby, amended in part as follows: SECTION 14: ELECTIONS B. GENERAL DUTIES OF MAYOR AND BOARD OF COMMISSIONERS (1) The mayor shall order an annual election for the general election of city officers. (2) The board of commissioners shall order all other elections required or provided by law. PROCEDURES FOR FILING FOR OFFICE (i) A candidate's application for a place on a ballot for election to the board of commissioners shall be in the form provided by the Texas Election Code. (2) A candidate's application for a place on the ballot for election to the board of commissioners or any other elected office of the city shall be timely filed with the appropriate authority of the city. (3) To be eligible to be a candidate for, or elected or appointed to, any public elective office of the city, a person must meet the eligibility requirements for public office as set out in the Texas Election Code, including having resided continuously in the State of Texas for twelve (12) months and in the City of University Park for six (6) months immediately preceding the date of the regular filing deadline or, for a write-in candidate, the date of the election at which the candidate's name is written in, or for an appointee to an office, the date the appointment is made. DRAWING FOR A PLACE ON BALLOT If more' than one (1) candidate for the same office is to appear on the ballot, the order of the candidate's names shall be determined by a drawing conducted by the city secretary. The city secretary shall post in his office a notice of the date, hour, and place of the drawing, and such notice must remain posted continuously for seventy-two (72) hours immediately preceding the scheduled time of the drawing. Each candidate affected by a drawing is entitled to be present or have a representative present at the drawing. On receipt of a candidate's written request accompanied by a stamped, self-addressed envelope, the city secretary shall mail written notice of the date, hour, and place of drawing to the candidate. The city secretary shall preserve each application for two (2) years after the date of the election for which the application is made. ne WITHDRAWAL OF CANDIDATE A candidate may withdraw from an election in accordance with the terms of the Texas Election Code. Ballots must be printed and ready for use prior to the beginning of the absentee voting period. ABSENTEE VOTING Each qualified voter who desires to cast an absentee vote and who expects to be absent on the day of a city election shall be entitled to an official ballot and the right to cast such ballot in accordance with the provisions of the Texas Election Code. DATES OF ELECTION AND RUNOFF ELECTION The regular municipal officer election shall be held in even numbered years on the first Saturday in May, unless otherwise provided by Section 41.001 of the Texas Election Code. Any runoff election necessary as a result of the regular municipal officer election shall be held on the next to last Saturday in May, in accordance with the provisions of Section 2.025 of the Texas Election Code. ELECTION OFFICIALS A presiding election judge and an alternate presiding judge shall be appointed by the authority calling the election. The presiding judge shall appoint at least two (2) clerks for each election and may appoint as many additional clerks as may be authorized by the authority ordering the election. An election judge or clerk is entitled to compensation at an hourly rate not to exceed five dollars ($5.00) and not to exceed pay for more than one (1) hour of work before the polls open. The election judge or clerk who delivers the records, keys to the ballot box, other election equipment, and unused election supplies after an election shall he entitled to additional compensation in an amount not to exceed twenty-five dollars ($25.00). The compensation to be paid the election judges or clerks shall be established by the order calling the election. NOTICE TO BE POSTED AND PUBLISHED The election order and notice shall state the location, time, and dates of absentee voting as well as the election and shall be given in the manner provided by the Texas Election Code by posting a copy of the notice not later than the twenty-first (21st) day before election day on the bulletin board used for posting notices of the meetings of the board of commissioners, and by publishing the notice at least once, not earlier than the thirtieth (30th) day or later than tenth (10th) day before election day in the official newspaper of the city. CANVASSING OF ELECTION RETURNS The election returns for each election shall be canvassed by the board of commissioners not earlier than the second (2nd) day or later than the sixth (6th) day after election day at a time set by the mayor. The board of commissioners shall canvass the returns as provided by law. Upon completion of the canvass, the board of commissioners shall declare the results, and the person receiving the highest number of votes for elective office is elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law." SECTION II That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION IV This ordinance shall take effect immediately after its passage as the law in such cases provides. from and DULY ADOPTED by the Board of Commissioners of the City of University Park, Texas on the 26th day of January, 1988. APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. 88/4 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 2.J.(2), POWERS/DUTIES AS PURCHASING AGENT; SECTION 6.A, BY ADDING SUBSECTION 10; AND SECTION 7.C., HOLIDAYS OCCURING DURING VACATION. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 2.J.(2) is hereby amended to read as follows: SECTION 2: CITY MANAGER-CLERK J. POWERS AND DUTIES AS PURCHASING AGENT (2) It shall be the duty of the purchasing agent to give opportunity for competition on purchases and sales, except when the nature of the purchase or sale is impossible or impracticable. All purchases in excess of two hundred dollars ($200.00) shall be let by the purchasing agent on either oral or written bids to lowest and best bidder and foms shall be kept showing such bidding procedure. All single order in excess of five thousand dollars ($5,000.00) shall be let only by the Board of Commissioners after sealed bids and appropriate legal advertisement for such bids in the official newspaper of the City. Sales in excess of five hundred dollars ($500.00) shall be made to the highest bidder after public notice. All bids for purchases or sales shall be open for inspection by bidders and the public. Where sealed bids are required, such sealed bids shall be opened in public. The purchasing agent may reject all bids and ask for new ones if the agent feels that competitive bids have not been received. All purchases or sales of real estate or rights of easement are excluded from requirements of this subsection. SECTION II THAT, Chapter 8, Section 6.A. is hereby amended by adding Subsection (10), which such subsection shall read as follows: SECTION 6: OFFICIAL EMPLOYEE HOLIDAYS ae The following days shall be officially observed by the officers and employees of the city: (10) For payroll purposes, all references to "work day" shall mean eight (8) hours for non-fire personnel and twelve (12) hours for fire personnel. Christmas Eve and New Years Eve shall mean four (4) hours for non- fire personnel and six (6) hours for fire personnel. SECTION III THAT, Chapter 8, Section 7.C. of the Code of Ordinances is hereby amended to read as follows: SECTION 7: EMPLOYEE VACATION BENEFITS Co If a holiday occurs during vacation, the employee will be permitted additional hours off with pay [as per Chapter 8, Section 6.A.(10) of the Code of Ordinances] if taken in conjunction with the vacation. PASSED AND APPROVED this the 26th day of January, 1988. CITY :AGER-CLEt~K ( ORDINANCE NO. 88/5 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 (SPECIFICALLY ORDINANCE NO.87/22) OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION I THAT Chapter 8, Section 10 (Specifically Ordinance No. 87/22) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to make the following additions or deletions: SECTION 10. CITY PAY PLAN 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM ASST.BLDG.OFCL.(PERMIT/INSPECT) 323 E Delete UTILITY FOREMAN title WASTEWATER COLLECTION FOREMAN 282 E WATER DISTRIBUTION FOREMAN 282 E 2,034 2,542 3,050 1,900 2,375 2,850 1,900 2,375 2,850 TITLE CLERICAL EMPLOYEES POINTS GRADE MINIMUM MIDPOINT MAXIMUM ASST.BLDG.OFCL.(ZONING) PARKS SECRETARY 191 C 54 1,383 1,666 1,949 143 C 52 1,222 1,467 1,712 LABOR Delete the following title: ASSISTANT BUILDING OFFICIAL. POLICE OFFICERS POLICE LIEUTENANT: Change Step 3 to read $2,796. PASSED AND APPROVED this the 26th day of January, 1988. CITY M~AGER-CLER~ / MAYOR ORDINANCE NO. 88/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY PROVIDING A GENERAL PENALTY FOR VIOLATIONS OF THE CODE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATIONS ARISING UNDER THE ORDINANCES GOVERNING FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION INCLUDING DUMPING OF REFUSE AND NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR ALL OTHER CASES; PROVIDING FOR THE REPEAL OF ALL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I 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 1, "General Provisions," Section 5, in part as follows: "SECTION 5: GENERAL PENALTY FOR VIOLATIONS OF CODE Whenever in this Code or ~in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdeneanor, or wherever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by a fine not exceeding five hundred dollars ($500.00), except for violations of ordinances that govern fire safety, zoning, and public health and sanitation, including dumping of refuse as defined in Section 2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vernon's Texas Civil Statutes, which cases shall be punished by a fine not exceeding two thousand dollars ($2,000.00) for each offense; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of thia state, and provided that each day any violation of this Code or of any ordinance shall continue shall be deemed to constitute a separate offense. In addition to such fines imposed by the judge of the municipal court, a special expense .... " SECTION II That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION III Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION IV This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 26th day of January, 1988. v CITY M~AGER-CLE~K [ ORDINANCE NO. 88/7 THE COMPREHENSIVE ZONING ORDINANCE CITY OF UNIVERSITY PARK AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO.77/328) OF THE CITY OF UNIVERSITY PARK, TEXAS, AS PASSED AND APPROVED THE 7TH DAY OF NOVEMBER, 1977, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ZONING ORDINANCE ESTABLISHING ZONING REGULATIONS AND DISTRICTS IN THE CITY OF UNIVERSITY PARK IN ACCORDANCE WITH THIS COMPREHENSIVE PLAN; REGULATING WITHIN SUCH DISTRICTS THE HEIGHT AND BULK OF BUILDINGS; THE SIZE OF YARDS, COURTS AND OPEN SPACES; REGULATING THE DENSITY OF DWELLINGS AND OTHER STRUCTURES AND THE PERCENTAGE OF A LOT THAT MAY BE OCCUPIED BY BUILDINGS; PROVIDING FOR PLANNED DEVELOPMENTS; PROVIDING FOR THE INCLUSION OF NEW AND UNLISTED USES; ESTABLISHING REGULATIONS FOR ACCESSORY BUILDINGS; PROVIDING FOR NON-CONFORMING USES AND STRUCTURES; CREATING A BOARD OF ADJUSTMENT AND SPECIFYING ITS JURISDICTION; ESTABLISHING REQUIREMENTS FOR A BUILDING SITE; PROVIDING FOR CERTIFICATES OF OCCUPANCY AND COMPLIANCE; DEFINING CERTAIN TERMS; ESTABLISHING A PROCEDURE FOR AMENDING THE ORDINANCE; PROVIDING FOR THE PRESERVATION OF PREVIOUS VALID ACTIONS OF THE BOARD OF ADJUSTMENT; PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES AND PRESCRIBING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND ($2,000.00) AND EACH DAY ANY VIOLATION OR NON- COMPLIANCE CONTINUES CONSTITUTES A SEPARATE OFFENSE. NOTICE: Only the caption of Ordinance No. 88/7 is printed above. The official copy of the ordinance (book form) is filed for record in the Master Files of the City of University Park, located in the Assistant City Clerk's office, in folder entitled ZONING ORDINANCE/CITY CODES. I certify that the above is a true and correct copy of caption of Ordinance No. 88/7, the Comprehensive Zoning Ordinance, passed and approved by the Board of Commission- ers of the City of University Park, Texas, at its regular meeting of February 16, 1988. It appears of record in the Book of Minutes, Vol. 12, Page 10. Amelia L. Johnson Assistant City Clerk / ?' Cc, de C~'~: / / ,/ / / / /. ir'~ :,:i vinq 'f.'h~.~? :i r'~s(':ai 1 ,:::,'t :i .,:.3n ,, servi cin~..],, repair' ,, repl ac:ement ,, ad i t: i (:]r",.s ,, mc,.di .~ '.[ cat'. :i. on ,, arid ./c)¥" m~¢ :i r'~'l: (~.~n an c: e:, c).F el e:,ctr'i c:al s'~ ,, conduc kc, r's ,, ~::.:, r:lJ.~ :i. pment: ,, .f itt :i. r'~(::t s, devi c:es ,, motors ~ i': h e r' ~-~ i s (~? p ¥" (::~x/:i (:t ~ c:l :i ri I;' i"i :i. s ,~:.e c' .i.-. :i (3 r.~, Th e [) r' ov :[ s i c:~'"~ s o.F t h i s sect:i.c,r'~ sh,:a.i] not apply to ins'~'aiiations used b',/ electricity ORDINANCE NO 88/8 C ]: 'T'Y OF:' iJN I Vl!!i]::;:'ii}~ i "]Y PAF;,'K .., TE X AS ,, BY ADOPT I h!(:':.~ "f'F'II.E NAT IOFh:.'g IEL. ECYT'RICA!.. E::CH]E,, :t. 987 EDI'TION~, AS THE GENERAL S"f'ANDAF::D'~>~< F:'(]R EL.ECTR ZE':AL tI~]STAI..]....A"t-t(3?4S AND E(;~U!F:'t"IEIxFI"~ AFIO i:::'FkQV I'(} I NG A PEhlAL.'T Y,, SEf.]T I ON :t 0: EI..EC'TR I CAI "i"h,,a :i. 987 Ed:i.t':i. or'~ (::)'{: the hta.t'::i.c~nal Electrical Cc)cie o-¢ NFF:'A 70~ is hereby ado!'::d':(.:-'~c! by re:,'¢(.:.:.~r',.:~-:'nce and made: part c:,.i: this s,,~-?ct::i.c:,r'~ as the ,.:~enera.1 standa;""d .~:or el. ec'!:r'ical ec!uipment and ins'~::al 1 at. ions in the: iii t:y a'..s s,,.'et ~::(::~r'th h(::...',r~:.::~:i ~'~ ,, {..'!.*xc:e:pt such mE. cy be i ri (::c)r].~: 1 .t c:'!'(, t/.,~:i, t:h 'i:?'~:i. s Cc)de of o'l~h.c..er (:.)r'cli r]ar'~ce, s o-f: t'.he here:(r'~ ,¢ i's on .i::i. t e :i. n the c).¢-¢ic:e c).~: the bu:i. 1 ding depart, merit'. .For' B. GENERAl E;ONF:]:)RMANCi!i!: STANDARDS ( 1 ) Al. ]. E, 1EeC:tl'"i [::[~]1. l~ec}t..~:J ~':~me:,r'~t: i nst aI] e,,:::t of used i n the ci t.y anct all instaliations o-~: etec:'kr'icai equipment shall be reasc:)nabty saee to pe)rsons and ~::~r(::~perty and in con'FormJt:y with the standards orov:i, ded ir"~ the National Ei(,~ctrical Code and with the provisions (::).[: t.h:i. ~. s(~:~)(:::'k :~ c~r'~ and aOf:~] ~ c:abl e st:al':(~:-) ~:?~'at'.(d:'~.:~,~. and any r'ul es and ( 2 ) C ~::~r"~ '~: o r m :i t y o.{.: ¢ :i r, c: 'h r' i c: a ] e c? .~ :i c, m ¢:.? r'~ t: ~,,t :i '(: h t h e a p p ]. i c: a b 1 e · Fac::[ e ev:i c~ee?](:::('.? tf~:.~t ~.tt(:::h ~9(::!~t:~ F)m6'f]t: i [~. 1,"E,a~i-c)r'~a~:)]. ar'~(::t pr'c)per'ty., Cor'~eor'm:['?v c).~: (~?lec:t. rical ir]stat].ations v~ith the apl::)], i c: a. !:::, ]. e st:anctar'ds se~' .¢(::)r'kh i ri the :[987 rev:[ s:i. c:,r~s (::~.~:: the:, N,:~d:.:i. c)na]. (}~:1 et'Ir i c:al f]:(::)de shat 1 be pr :i. ma .fac:i e and proper't y,, (3) On al. t insf. al!a't:i.c~r'~s ~'::,'f: e]. ectri caI conduct:c)r's or ec!uipment her'ea.F'l::e~r made and aI ]. ex i st:i ng ilnstal 1 ati c)r'~s al 1 ~,,~or'k shal 1 be) ci(::~r'~(~:~ :i. n a manner t. hat: wi ]. 1 cc)n.Fc~r'm ~:[ t:h 'the r'equi r'emen'~';.s .~::or' a su.~:.F i ten'l;;, and sa'~:e ~-~.~! e:,ctr'i c:al system, Repair arid mai ntenar'~ce work shat t be:, suc:h that: ,., i .~: any el. e:,ctr :i. c:al c:c3r"~du(::'(:or's o~ equ:L ?ment are removed and 1 ate:,r rep~ aced ~ they shali be r'e:,pl a(:::{~,d in a manne, r' whi Eh cc::,n{;orms ~,d th t:h~ s sect:i, on,, ]:r',s'tat tation or' work don~-::;¢ in con.[:or'manc:e w:i. th the National Etec:tricat Code~ r'e4:erred to above:, sha] t be, considered as c ~::~ m ~::, 1 y ~ n 9 ~"~ i t h t h i s s e c: t i c,r'~ ,. The) c,r c:,w:i, s:i. or"~s o.f 't':hi s sect i or"~ sha] 'i. apply '~:.c~ al 1 act. i v:i. t:y :i. n',/ol vi ng l.:he i ns'ha :t. i at :i. on ,~ servi c :i. ng, repair', replacement ~ sectior', ~ha]'i r'~¢":,t app'iv '!:'c~ inst':al:!a'P!ons t.~sed by' electr'icity k,u:J iL d~. r~cls c:H:: premi ses ~,,F;~.:'-~ci ,,~.L'..~ c ]. usi 'v'r~!,'.t. V by st.,,ch aclencv c)r p~.tb ] :i. c: 'k:hc~rol.~.c!h.f:arces.'.~ pr"c',v~ clr.:.:,d, hoxm:::ve?r ,~ ~:hat such ac!(-?rJc::J, es are 'D ,, A.f)i]P i I lIN (]t::: F::,'i.H. FES AND F:;,'i!::':Gt !LA"I" ]7 CfixlS OF:' "f'E × AS U'T' :i: L I 'T ]: ES EL..EC]'f'R I (3 COHPANY ¢. T., ! t,, El .ECYT'R '[ C ) RELAT I NG 'TC) SE F:?V l' CE AIq.'f.} I IqS I AL.i ~:..'~ 1 :!' ONS RI,,:t. es amd reqt~i at:i.c, ns c',,t: 't:hl..'.:.:, Texas (.t't':.~ ] :Lt. ies E1 ectri c Company relatinc'l to service and m~:e'ker installations .for the kind and charact~-?~r c'.F service to be rend~:.::,rmd,~ as passed and approved by the c..i. ~:.y commi ssi c)r'~ from .I-:'i me 'kcs t i me, are i ncorporatect herei n and made a par'k' ~::~-f: i'.hi s ~:~:.~c::'~': :i. on ~ The Tex as Ut :L :L :i. 'L i es E:I ectr:L c Cc, mpanv sba! 1 be rec:tu~, red t,::) .f:t..u'"r~t sh wr i t'ken noti ce o.F any c:hancl~:,s i I"t r"Lt] r~s and r"eclu), a'ki (::)ns c:)i'" addi ti orJs 'J:here'ko 'k(:::, each req:i, ste~re:,d eleci:rical contrac'kor and to 'k.!-'Je city,, Texas U'kilities E1 ectr'i,:::: C,'::~,, Speci .F :L cat :i. or'~s .For E] ec::'kr:L(:::a] Serv:L ce~ dated Sept:em ..... bet :L985 ,~ and subsequen't" rev:L si. c~ns ,~ shai 1 apply -For' al. 1 the o.f{i(:::e o.f the build:[cml depart, merit ~'.or public inspection,, f!!i~ SEF~,V :[ C.':E CC)Nh.tF!:C'T t' ONS elec'kr"i cai met~m,"s ar"{.? :i. nst'a] ]. ed or e>,'i st:L r'~ct et r~ c:: 'k r :L cal c~r'j t ~::~ t:: I've mr.?'i': er si"~a 11 h r:~, mad e on l y b y at. vk h (:)r i z ed c]4: 'f'~.?::-I a!~. U'It i 't. :i t. ~. r4:,s E ]. ~ec ti" -i. c: C;ompalq y, CJr'J t y author i z ed re.f: 'f'~:~,xas l.H':itit:tes E] ecl':r:ic: Company shall, be permitted and Tex as tH:::i J :i k :L eq~. E. 1 ~¢~-x:::tr'~ c C. cmtpar'~'y :[ J. FiE, S. F, VAF'? ! ANr]i:!!:S F::RCff't '!"HE NATtf3hh:.:¢.. EL.EC:t"R:[(::::At.. COi}E heal'l::h o4: ?:,ersc:,r'~s and/or proper-t:'.y (:)t .... the .c)ccupants therec:,.f:, which or ;~d"~'y' -~;t.d::)~.?c!t.u~.~:.r'~t o~ .... fiLuk, h~r(e edi'kic)rls 'ko said code,~ or" any amel"i .... d m ~:~', r, t11 s C :i !". v En q J n ~.'.)er., G ,, AhiEht'.()lflEIq'TS TC)! "t"i..fl~:!: NA]' :,i- C~t'.iAIEL.EC]'R ]7 CAL.. CC)DE 'The sections c~-f: the :t. 987 National Elec'Erical aI'¢'~E;'F~EI(.;::',{::~ ,~ aCtC:JE, CJ, Ol'" d6~l ~'~':¢~'d al'"E.~ as -f:Ct]. ]l. Cd,,,H~!.-'. Code that are Art :i. (:: 1 e 93 Perm:i. 'ks amd :t: nsp;.:.::,.,.::'h :i. c, ns Sha:!.i read as .follows:,, 93....- :I f:'.,:~.'., r" m i t s ( a ) F:' ,,.';.) r m :i t Rr.::~r::I~ ~:i r r~-)mr..::,r'~t s amd 1!:!:;.~ c:e.,p'k :L ons :i I"t~!~'ka~ ~ ecl ~?d"ry (~:.~]. (:~c:tr:i. cat] c:c:)nr~t, tctDrs cra' ~;.:,(:~lti. 9mE, r]~: ~..,,c[ It'.hi n c;r (::)n ar]'y [}Llt[ :[ dj. r'~c;] ,~ ~tF't. tcttJr6?., CtF- !::)~"~:)rr'~. ses ,, pt.lb:[ i c:]. 'y oi'" pl'"i vat. el y (]t"' 'tiC) [R CF( J.:' t:::' CJI'" C:~.~t!.I~;~;6? 'kC, hr'?' mada~ afl',/ ,r;,:t i': (.?l"'a!': :i or'~ :i r'i c!r" addi t /~lr'~v e).( :i Fs'I:: i r"~cl ~.7.?'[ e c: '?:. t," :j. [::al {-:c]r"~(~t~/:'[7.(::~r'~ o!'" q.?clt~:i. ~:)f¥1E, r~t ~ ~9i thc~Ltt ~SE.?CLIt":J. Fig a per mJ t '[ h~.:.:',l'"(f-~.f: c:,r .f:r'c~m -~:t..~(:.::, f:i~ ] d:i l'J(::~ de!:::,ar truer'fL:, except as cor'~r'~ect :i. or'l ,::).{: pc~r t able (.?l eot r" :[ c:a] ¢.:a q~.~ :i pment to su:L tab]. e (b) App] :i c:;:~t.:i or"~ ~:(:!r f:'er"m:i 'k Ap p ]. :i. c: at :i c'd"~ .F i::)l"' i.~, p ~e~'- m:i !:' t tn cl ~.:,r-' t h ~. ~i~ s~ar: -I: ~. cH"~ ,~ (::1 (~[~!.c:: r :i. [:) :i. r'/[.] t h ~ t,,,~C:)l'" k · l:.c:, [::)e (:~c~r'~e ,, ~hal ]. i::)e macte~ 'ko the [:::,t.~'[ :i. d:[ r"~(~ clepar'k, mer-it by the p~rsor'~ i ns'kal :i :i nq the I.~c~r"k., 't"I"~:'~ a!::q:)t t. cai:i on sha] 1 b~ accompanied f:)~¢ sloth :i.r'~.For"matiori as may f::,~.~ nec:essar'y to determ:[ne t4hether t'"e~qt.li ra, m(:;,r-~'k.s c).{: th i s sec:'k :i. oll ,, b,tlq(ar'l I'"eqLti y"~:~'d k,y the bLli 1 80 ,, 00 95 ,. 00 I 10 ,, O0 :t. 20 ,, O0 T v t:) <.::' (::)<::: c: ti p a ] I:: v 0 - ' ''~':~ () 5,:') :i. - .... :!. ,;:) ,~ (),:') :!. <;:,r m or 95-:::; :t: ::::::::::::::::::::::::: Genera 1 :i. v :F..t: :i. t i s -l:: ound thai: '!: t-'~(.:, :i. n si: a:f. :1 at :i c:,n as descr i bed :i. n an appt :i. cat :i c:~n t.tnder 'th:i. s sect. i on :.,j:i. t. ]. con.i:orm w:i. tin al :t. :t. eqal requ:i rements ~::in d :i -F t" h<:.~, appl i can>: has c~mp :t. :i. ed wi th at 1 95.-...4 Nc<r"~.....:i. :::::::::::::::::::::::::::: ;::~.i: t:::'erm:i, i::s '~::(::~ C,;::)ni::r,:::c'i::ors F:ai i :i. nci to Corr"ect. De'l: ect. s under :h::, au'l:hc:,r:i tv ~:~ an <:~:t.c,<::t:,.: ~:::~:t. p:::.rm:ii: i ~sued to him~ wii:h:in sl.:(]h rG)as<]:,nah 1. e t :i. mG~ <::,,:: ('.ay .< t.:)'::,c::,j'., request ~ J:],(.:.:: pr(::,i:::::r :: bed ~ the t:)ui :i. al:i. r]g c:.f:.F'i ("'i .:.: :J sl"t a :t :i ,, ~...~i -!" l':c:: d" .i:: u,"'l:!':E~r nc, t :i (::::::.::, ,, stop the :!:n add> ti <::)r: t h ::.: r ::::, i:: c, ,, the p<.:,na! 'i':v r:, r c, ...., :i dc:,d -i:<::r vi c:::l, ai:.i on o.~ th:i s :::t ~:::, IT '{:: :i. (3 F"~ Ii) <:~ :/ (3 :.:'.:, ::, )": '<;; (::: !" :::: ::.? C[ ,. 9:.:.:;-","~:} Expiration ~::~4: F:'er'm.i.t.s Ever"v sp::.'.)ci 4:.1. c perm:i, t:. .1. L:."~F, Lt(:?:?d by the? bui 1 ding clepar't:ment: er the pr'crvisior~s o.~ this sectic;r~ shall e>.'.pir'e? by time limi on and become nt.~], t and vol cl .i. 4: the work aut:hc:d'":i, xed by suc:h ermit has riot been started witi'"~:i.r~ 6() days -Fr"om the: date o.f suci per"mi't:., or at ar":¥ ti me 1:or a per i od o-i: 6C, days a4:'Ler t'.he work .i. s !S t ,.':?:. F' t (,:.-':' (::! ,, !~i{ E' 4: E) F" E, !~:~ ~.t (;;; h w (;] r k (::; <?:~ []b :.:.;,~ 9.-> t ~'..'~ F' '{': E.) d ¢.~ ,r..;t a i Fi <'..';~, F~ (E, W p e F ID i t shal 1 b,.:, c.d::~tai ned ,, and vo:i. d any permi t :::fl:)t.a:[ ned uncter' this m~r"~pr'eservf:at:ic)rl~ or :i.r~ .anv u,~ay c:on'l:rary this s<<~c~ier",,, Such c,(.:,rm:tt may also be arid void by the buJldinc~ c)~:.f::i, cial -For- aod clecl are r"~ L.~ t sec t :i. on by ,Fraud t. he. r e cp..ri r emer"~t s 8r-ld dec:l a~ed nu]. vi o]. at i on o'f the ~j u s t'. c au se. 93.-..'7 i n sp ec:'t i on s (a) inspec;ticF~s General Ltpon the:, compl 5t:ic)n o4: a. ny elec;tr"ic per"mit has been (::~btair~ed under' this 04: the:, F':(:~r'son maki f'~C} the i fist a]. i at inspector,, who shall inspect the (48) hour' s ,, ex c: 1 us:i. ve c.).F Sat ur' ~ a~:ter· such notice :i.s given. (b) When any elco:trio:al equi the permanent placement o~ corn inst:alling the equipment shal and suc:h equipment: shal 1 n, i n s'{': a ]. 1 a t i on -~: c:,r" wh i c h a ,c:ti e)r'~ ¥ ± t shal 1 be the duty to not:[ .Fy the e].ec:tri al 1 at ti. or': wi th:[ n ~¢or ty.-e:i, ght ,, SL~nclavs, a. ncl hol icl ayr..~ .1. s to be hidcie:n from view by ~nts o.F the buitding~ the person r~ot i 'f:y the el ec:'kri cal inspector be concealed until it has been ..... 4':~]!' ]. v dLtr":i r'iqt t.':.J"~e) F~r'(::)qr'~ass (::rF the ~(~¢,,Yk,, lh:.:.~ (.::,tec:tr':i. cal ins b u i 1 d i n (::1 c c,n t. r' ac t e 1 e c t r' i c a 1 wi r" ti. n C! t h a know1 ce(::t (:.~ e or" c I ear' ant e ¢.t.,t~:~'~ i ( P a monor ' '~u(:: f:'~ done in accorda (d) Wher~ shal ]. have:, 't: l'"~ e::, aLrt:hor'i t:y 'ltd r"equi r'e has been cl c:,sed before t:he i r'lsJ:pector h~1:5 '"mi ssi on. The inspector sha:[ :[ I"tot i S~Lle sic!n cc)r~tractc)r 1 not:i..~:V 'bbc-':, electri cai in::,pec'f:or and the sigr~ wirincl ar :i equipment shall n~t be concealed [:)::e(-:er'l ti. r~ st::::M::: 'bedappr'c:,v(::.)cJ ,: (::)r' a~t. hor' i z (~:~::[ ,, ( e ) :{ 4: ,, up. sL~(:: h i n~spec: t i c]r] t..~F~ cJGr '{::h i s ~Llb~i:ec: t i c]r'~ instal ! ation s r~c:,'[ 4:c:Llf]ci to i::(::¢ .:~.1t ly in cor~:ormi:y wi th the i mmedi ¢:: lb {It:l) :t 1/ i ~y the .1. r'~sta: 1 er c,.G the ex i st ing cle.~:ect~. 93-8 Final ::q::,l:)rovat: No 4: .1. hal approval shaI ! be issued unl ::.:,ss the elmctr":i.c 1 .i. ghts',~ pcm~:.?r,, h~::,atin<~! installatic~ns ar'::., in strict cc)n4:ormity with ri_ti. ('?:: ]{::l r r~(~Ltl ~:YI:. ~. C)l"'l::: C}'f: thp? "f'<-:'X as U'K i :t. i t i es E:I. ectr'i c Ch:)mpar~y ,, the C Commi :::::::i oB t.tr~Cl(:F' aLithc)r':[ tv O'G . the stat:e statutes ,, and r)rc, vi si c::,r'~s o.F ti': :i. s sec:t t or'.. ~i"~ a :1. t ex pi rt.? ~:),...,' t. i ('rx~ 1 i mi tat i on and b~,c:cm~e:, tull :! and vc)~ r:! i ~: ?'hr-? ~.,,~c:,rt< authr:x'"i :?.ed by such per'mi t has not t::)eer'~ s'kart~ad ~,,d.'khin ,f:~,.} days ~r"orr~ 'l':h~-::~ date c,-F such permit~ or a'l': any t'. i. rr,~-7-:, q:: (:)ra p r~.?r' ;~ ~')d C)'F 6() (:t.a,,/s a'~ te~ .... khe v~or' I.:'. i s sha]] be ob4':ainr=?d~ and vc:,i d an,/ permit ob't:.a:i, necl L.tr"~cf6'.:q'" th:i, ~,~, IBi ['-4r'6?pr¢:?'~.-"..{..'~.?r'vJ::i!.:cl,': :i. i]r"~ ,, c"tr :J. ri ,:.:err'i:/ t..,,~ay c:(:)r'ltr':~r',./ 'k:o 'i: h i s ,'" "~ '" -I.:. i ,:::~ n . .:,,e.c. . Such p~*:*rmit ma,.,,' als'c) be revot<e?d anct cl(-:-..:,ctared null and ,/cC:i. d t::~5/ the~ bu:i :1 d :i ncl o4::.f: :i c :ia] -~:or' an,/ vi ol at: :i. on c)-¢: 'l:he: ~:::t r c) v .4. ~:" ' . i.ii:::,c:,r~ tbs:. comp.l r.:',ti ctn c:r!:: ,~r":v ,:<,] e.,cT:.r':i c:a] :instal t at i c,n .F.c,r ~,,d"~:i. ¢:h a (::).F 'kl"iE;, pl.~M'"~!ii.c)rt tmai-::~ mci i'ljr. :i ns'ka:t. :t a'[':i or~ 'Po no'k:i .fy 't".he i rispec:'Kc)r' , whr~ ~=.!'~ai I. :i. n~;:.F',¢.".,ct t:h(.? i ns'l':a't. :t. at :J. (::~r~ ~wJ thin ([:~) i;!h(.':,r'~ art,, t:::,[j (:':,t::: tF' ¢. f:/.q J pf'-d ti prr,(:=,r'rk ¢ ?. '("f:'~ !']E.) I"l~ (:Jc~r:{,!") .{: l'" (::)[J/ vi (.:({'IAI by .and s~u:::h ~:e¢~'i. r:~mer'rl:: sl",at t. not b¢<, co, nc:ca}, ecl unt:i, i i t has been i n s~.t:'~ ~(:¢ (::: !': ~a c! ,, a p r:) r' c',,/r9 (::I ,, ~::~ r a t~ {:' h (::'~ r' :J ::." ¢=, cl kf y 4': h (~;.:, (.:5¢ 1 e c: 'k r' :i. c: a '.~. i ri s p e:e c: t or' ,, []r'~ ]J. ar'ge :i. r',':aFk: a]t ;t a'[:. i. or',% ,, k.,d"'~¢::.'.r(:.? 't': h ¢-p ('70l"~c: s)~/~ ]. rn(~.H] t o'¢ eqt..~i prl~er]t eClUi pcaer]'J': ~iqJ"~:'~]. 1 C~i x/¢.;~, 't:'he r:;,] ec:tP:i, c:at :i. nspec:tar due noti c:e and (c:) i"he el ~,:.?c:'l::r'~ c:al ~ r'r~;pe)ct'c~r ~.I"Ja:J. ]. haw~.? the aLvthor'i 'kW t=o re:,qu:i.l'"~ e:,].ec:'l':r':i.c:at ~ir':ir~c! t:ha'~' has kie(~.?n c: ]. o!~.e:,cl i::~e~ore:, the :i.r'l~H:)ec'kc)r has knc,~,~t ed(;]~, or' gr"an'ked perm:i ~s:i. on, The inspector" shat 1 no'k issue c:lear'¢m"~c:la t.u"~'k:i.], sa.'k:i.s-Fied 'khat 'J:.h(.:~ t,~or'k is in ac:c:c)r'(::far~ce !:)r'ovi s:i. ohs o.¢ -I:.l"~i s s{.:::,c::'k-i on,, tnsp~?ctclr's shal 1 ai so have the r"~ ght. a m(::) r'~ o r' ~s t.~ c: J"~ t h a'i.:. :i t c: a r"~ r"~ (')'t::. b e> 4: ~. ~ :! ] x..' cl e t e r" m :J. n s:.)(::I i t h a d (:) ~] E.~ i f"~ a c: c: (::~'" (::t a t'] c ~ ~.,~ ~ 4:. h i; !'~ :i ~=. q; (.? c: '~-:. i o r'~, (el) Wh(:~n e:,'t, ec:tr':i, c:at ~;~. C!n r-.,er'm~ t'.s a],'~:~:, r'e'.:,qLti rs:,d ,~ the s :i. q! r; c: c:,!"~, t r" -:.:'~ ,,:7 t ,,':'~ r' s i'~ a ] ] n (::~ !: :i .f: V t'.'. h e:, ra] c..:, r:' !: r' :i c: a 1. i n s p e:, c: t (::)r' a Iq t::t t h e ( ~:.~ ) }: 4: ,~ upon such 4 nspec: t :i. ~:::,r~ ~tnd ~.~{r ~'" '~:. h i s ~t.d::, sec t i on ~ the :i. nstal 1 ati c::,r~ J ~s r'~o~ .Fcu ~"~r::l 'i:'c:~ !'::~(~::: 4:rtl 't 3/ i n c:c:,r~.Fcsr'mi ty wxi. th the provi si ohs c,.F t.h :i. s sinai 1 :i mined i at e:t v n r:vt" :i .¢ 9:].";..-'~3 F:'ina] Approval: tqc:, 4: ina] ,?.~?pl,"cv,.,a'! sba) ! I':~, i ~;~.~(~.,~':l ~u"'~t ~':~?~:; 'f:h(:e e:,l (~(:::tf'":[ c: 1 i Cd"its ~ the pr'c~v:i ~:~;-i ohs o.F 'l':i~:~. ~=. ~,:~:?"t :i ~"~"~ ,, 'i':he t'4a't:'~ or"~al E::! s?c:t:r'i cal C:c)cie~ ~ the) .t:: h(~.:.~ s'~'.'/F,'?~t~=q:~. r'~.~: '?h~ ~'~': a!" ~'~ · ,~':~'~r::t th~.? !'"tt] ~:::~ ~Fd"~(::[ I""{~.)(]t..t]. a'~.: i Otis ~ ~;SLt~Cl 'i':he City C:omm~ ssi c~r'~ u. nd~.~r" a~.rk, hor i t'y c, 4: t':t"',e state ~t a'Eu'ke~ ,, ~nd t]l"~]. ~::,~.!~::. '{':hE~5/ ,:~?"~9 J. ~"! c:: c')r'~ -(': r:)rrf~ t'v t,,3:i. '{:' h '[':t"':57 appl'"E)vE'd f~[gth{:)ds o'~: (:: c) r'~ s t r ~..t c: .i'.: .~ c)n .¢ c~r' s~. a 4: e t ,/ '(': (':~ ]. i -f e a r'~ d T::, ¥'' ol:) e ~ t 'y ,, 9::$-.9 Authc:,r :i t: v i': c, S'kop !,,,lo!'" k :'. in c:as~:~.', .an,/ ~,~(::)~'"!.:: i ~;:, k;<:!.:,qun t,~,h(.?r"~!-? a per'm:i t: i s r'e:cB.t:i, red but'. per'mi ssi or-, has r'~ot'. 4:i r"st be:r,:-~n s¢.-"...,c~.,,r',,-~d t. her'e?4:or, or i 4: el ec:'kri cal :i n:!!;'k a.:f ] at:i (::~r~s ar'e., c:,t'.h,?r'!.,.d ~=.;:.'~, P,r.:.~:i. r-~g :i r'~s't a]] ~ed i r'~ v:i. c)]. at i c:,n c).f: this ?.se(=t:[or~,, 'kh(:P. e'.t.e.'.:c'[:.rica] 4. r.~.!!;~':'.,e!::'t.::(:~r ,.~".,l"~a!l have the pc:,v.~er' 't=o stof.:) th(.;.?r-~:.?.,i l"~ 'k.o ~s'!:.c',o and deq~'i !!.:..-!:. 't:hK.:,re.fr'orn Np,'t-:'i. ! prOl:::,er pe?r"m:i, ssi or'~ :i. sec t i on ,, 93--:t0 Author:it'.v 'Lc:.',. Order R',,-'.>C,a:ir o.F or Disc:i::)r~nec:til::~r~ o-~: Servic:e to Dan~er-ous E(:]ui[~me)r'~t: the) ecp...tic, mer'~t, shall be no'ki.~:i(::,d in vJr':[tir'~c! and shall make any char"~:e~:; or' r'c, pa:[ r'~::; as::. aDt]roDr:i condition,, ]:.G such :,,.u::,rk i s n[:rk [:ompl eted ,.,~,,ith:i.r', .Fi ~t. een (15) [lays (::)r t l::)nl:j[gr' j::)(a~'" i i::::I ~::.pf::.~(::::i ,(.; ~ (ac[ J':)'),, q:t"~a el. e~ c: '[: l'- :[ cai, i r: s[) Eq::: 'k oK' .~ thE. :i. nspec:tc)r' ,:.hal 1 have the a~.rkhc)ri [:l:i. ~:~.[::on'l: :i. :'~:~ar'~(:::::', (:]¥ ~::,t (:ac:tr'i c:al se)r'v:i. :fn cases o-.[-: emerclency ~< ~ii":~:::,1'/ necessary ~or saYetty 'kc) persons or F:,roper't'y ,, :::u'-' when e:i :~<:::tr"i cai equi pmeznt may i n'ter'.fere :,:,i th the work o4: 'the ¥ire departme~nt,, the elex:.:'kr'ic:al inspector shall have t J'] (.:.) ::~ t .t t: h c:, r- :[ t ,./ 't o J m m e) d J a 'k (-:.:.) ]. v d :~ s c: c)l~ n ~:, c: 'i: [:) r a r' r' a n (;~t e:, t h e An':,, person may .File an appeal with the Cit:y Engineer' ~<::)r a review o¥ an,/ dec'i, sic, n :::,-i: the e:l ec'l"ri[::a], inspectc~r,, pr'ovided that such appeal is made in wr'i'kir~q within .~:ive (5) days a.Fter' r]c)t.:i~:[catior~ by 'the e,] ~.'::,(::"tr':i c:a]. :[ nsp(:.~[:tc'~r' ~ tlpon r'~:,c:e:i, pt o-F such appeal ~ the) City i nspectc)r' c:<:'~mpl i :~:::: ~4J ::'h 'th:: ::::. se[::~::i on and shal ]. mak[:.:, hi s dec:[ s:[ c:,n ~,,~i t.h i n '~: i v~::) ~ 5 ) days., (::)-[: ~ ~.':: r'~ (':~ r~ r'~ k) :? ~"~ .:x J '(; r'~'~: :' ~'~ <':, f::: :i '[ w ,, J ~ ¢.~ J r'~ ::: p e~ (::: t: [p r :::: ,, J i'] :S [:~ ~:t [:: t'. i r'~ q any' :-',[::~': commi 'l: t J.:,(':t :i r", qc:r'::d '~ a i t'h :in t' t"l~::, di sc'har'cj(:.~ o4: t'.he)i x" Cb. It :J. (.:~S ,, Cit',/ Attc',r'r'~G:,¥ unti 1. -~:i r'~a] 'kl~)l."mi r~at J. c)r~ {:,f 'Ehe pr'oceedi rigs 93-.:l :3 i:::'c-.st: net and Ser'v:i <'::e o'i: Ncrl:::i ,,:::e>s arid Or[:t<:::,r's: b(::e -Founct a.f:t~r a r'ea. sc)r~abt ~:::, s(:~arc:h ,, st.u:::h (::)l'"d~i'" ar r~tz, t:[ c:~:~ may be exist. S~:<:::h C, ostinc~ o4: the notice shall b(.::) considered equivale::'k ma:i. 1 in ~a sealed er':vilo0<:e ,,,J:[th the post'a[]e prepaid and clireckGd 'ko th~:::, al::ldre)ss o.f the) e:,:[ ec:t'r:[c:a~ corrkr'ac:t:or',, ot4rle:,r', 'leasee,~ or occupant o.f the premises shall, be ecluivatent 'Lo personal servic:e (::)'~: -~.llch (:]rd(.?)r (:~t'" []c:)t :[ c:e), (b) Ete)ctr'J c:a]. insp(:.~c'hors are her'ebv n(.:~aresk. (:,t <::-:,c'kr'i cal cab:i, r~(e'K or equipment conr'~e[::t(~cl h az ,:d'-' d [:)~u~:. ~,.x~:i r' :[ r~Cl ,~r~v o4: ~: i ~::: :i a ] r-~c:d': :i c' ,::-'~ or s~aa t '[: (::) pr"ev(~r~: L~se o.~ (eiectr:[c:i'~:,/ in that ar~.:ea., '~:t shall !::',~.'~, ~..u"~ta~,,~-~u]. .~;or' any other d(:.:,strow ,, t'.J?:~ar' ,, rpL~::i }. at~:~., c:c:,'v::.:,r :, of c~:h:'-)r':,'..~:[ ::::.<.:,~ (::le-Fac:e o1'- i I"~jk~r[e any 5 pass ~t ~.i rap! ~.~ v.~r' ~ 'h [: ~,'.:,r':~ -t". ~.:~:,st. ~ adm:i v~:i ~vt::er' ed b',/ the bu:[ 1 d:i. ng d~.:;~mc:,nstrat~? h:i s kr~o~,,)i ~,,.~,":~()~:':, c~.~: th~::, a[')'i ] -i .~. ~,, I:'.c:~ dc) ~:,:i. ~)(:::tr:i. c:al work., Fur'f'he~".~ h~ ~:~d'~a! ] i:~.a rr.',,("~'i~,'~'.:',d 'l"c~ c::(.'::,rt':~ '(':v 'th~.~t he w:i.] ]. not enqage and/or ~.d: ~ ]~ :i ::'.(? thra ,:~.(::.tr~?:~ (:::e~. c:).~:: crth~.'::,r r:)ers(::~nr"~el t n tth:i, s e-~.fort r",c)~' ass:i c~'~ ,:'.,r ~:!(:'.,]t ,:.?c~a't,?? anv port:i c:~r'~ :i r-~ th:i. s work to any other r' c(, c: ~ :i we .f: :i cra]. ;~.~pl::~r c',',,,~,'.~] {xr::~," i"~ s t~::)t'"l.::, ]r"~sta]. ). a'[tio~] t:)M ar'J owner as~:~, st ~':: :i. m :i. r'~ any t.'-;a"v' ,i p<.:.~rsc:)r~s v..fi",c:) are not re,:?:i ~ -i:. er ed etectr:[c:i ans~ pc)rt?aJ:~].,:.? cte',,.':i c~:as 't.:.c) .~i~.~:i tabl(::.) r~::?c:eptac].e?s whic:h are apf:~l:i~:'~'~,::::es,, and equipment .ar~.? c)p[~.:,rat.<.?.:,ci at a w:)] ~:age nc)'k, e::.~ceedinc! The :~ r'~s't a t. 't a'~'; J c'~"~ ,: at k (m'" a't ~ c,n., or r~.:.)r3 a J r o'fi et ~?ctr i c: spec: ~ .f ~. ed h~:?r c.~i n ,, -'::a) A:i. ]. appl :i.c:an'~ts .t:c:.~r aet. ec'l:.ricai t icense taus'Iv. .{:irst. r e (;! :i s'[: e r :i. n r) e r s o n ~,x, :i 't h t h {e t::~ t ,~ :i. :[ d ~, n {::! d (~,:~ p a r t m e n 't: ,, S u ~::: h req:[strat:i.c)n shat 1 :i. nc ]. ~.~de ,, but not be 1 imi'['.ed to the name and o.(: his p].ac:e o.~: t:~us~,ness or h:i.s plac:~::~ ~:.~: ~-~mplc)~,'men'(':~ the typ~ and c:['[:y~ his ].ic(.7::,l'"~E-:.:, r]t..t~ib(4ar ;:/~']c~ :i.'12~E. (.?xp:i.r~d':.:i. on dac(':e~ and such otl"~er dat. a as may t:)~:~ r~?c!t~:ired by thr:.~ !:~u~tc:l~n~! o.f.~:'ic:::[a] 'l::o det(c.:~rm:[n(cc-:, t. he val i d~'l':v c~.~: the app ]. :i ,'::ar"~'b's 1 :i. c::,:en~:~.~:-:, .~:rc, m anoth,:ar c:i. (b) !h::,(')n cc, mm] f.:.:,'~"i on (::).~: such by -l:t"u~', app:t. :i cart'i': ,~ :i ss~? a :! i l:::ens(-:.:-~ c:)n a reciprocal bas:[ s v~i t.h ~,,fl'"~:i. ch the applicant passed a journeyman el~ctr:i, cai exam and with wh:i.(:::h the C:i. ty o.f: [h'"~iversi'~:v Park has a rec:i, proc:al aqremmmnt, ('2) Master A master ~.:-:,I ~:t~'" i ca! 1 i c::ense wi ~. 1 ~::)e issued to an appl i cant 0rovi di nc~ '[he appt :i. cant .F ur n:i. shed the bL.~i 1 di n(:;~ departm~.?nt ,..,~:~ '~':h a :t ,~:.:.~t ter s~ c:~r'~r?d by ch:i. e~ el ~.::~ctr:i. cat :i. nsp~:~,c'i';c)r o~ th~a c:i..!':.,:,, :i.n whi ch the appt i cant: c, assed an exam stat:inc~ ~".hF:t'[: such app] J can't: sat:[ s.~:ac'~::c:)r:i. :[ 'y passed the ~.?xam,, :i.s curren'klv t:[c:ensed '~:.c~ operate :in sa:i.d city,, and is r~-:.:,:::::i, c, roc::a], ar:lc~r~.::~,mc~,nt wi th I:.t'-.~.~:~ Ci '~:.bz o.F t.hn:i, vers~'[:y Park,, 6 .Firm or pi. ace o~ bus:i, nE.~ss l:)rovid:i, nc:~ '~:hc~, applicant r'epresen'lzing such -F :i. rm or bui sn~,ss ,F~.~r"¥'~:[ shes '~:.t"~:, bu:[ t di nc~ depar'l:ment ~d. t.h a letter ~rc:)m the ci'l::y in ~q"~ich '~:he ~irm or plac~.~ (:).~: bus:i, ness is ]. :[ censed ~. n '[:. h a'~:. c: :[ '[:y ,, :i. s :[. n C!OC)cl st andi ng, anti the ¢~,:!. ~x,c:'f: r :i c:i. an ~"' ~,~::! :i st ~v"~aci as 'khe ma s'l':er ~c)r the .F i rm or bus:[ ness :i. s al so 1 :[c:ens~.~d ~-,~i th the C:[ ty (:).F Lh"~. versi t.y Park as et ectr :i. cal corot r ac.'t c~r s shal .~ [:,~?..? pavat:) ]. e to '1:: h~ C:i. 'ky (::,'~: Un:i.v~rs:ity Park as s(~t .Fc:,rth :i.n ~:he .~ol].o~,...~inc] ~.:ab].e,, '1'he peirod · ~:of paym(.:ent (~.F '{:(~.)es sha).l t:)~eO:[n (:~] ,)ar'~uarv .~:[rs'[: and end December th:i. rty ..... F i r"st o.F th~, ~ a me calendar vr~-:,ar ,, Nc, inspect i on c~er mi t wi 1 ]. be ~. ssued ,, nor ~.u:)r k a~ u[:hor :i. z ed to Der'mi t the :!!775 ,, O0 20,00 10. O0 h'[ s ], :i. cery..?~c? or any ri qhts ther~in c(:)r"vi:a:[ ned t,,:~ any o'l::her' persor~, at]~.~ .~:or ~'..~r'yv' ?'i~,a~.i::)~] ~:.o m~'-~!...'p !)~!~-:~, o.(x a!"~,/ !!!~L~c::hi'-i.r.]h~::~!:, ~,x~h:i. ch ~..]lrl.:e nD'~:. ac'~:uatly h:i.s o¥,~n, t~:: shall be u['~].aw.F~.~.t .~or any person o'[:her '~.:han · [:h.le.. hk(:i.:~.t::tJnC..! o.~:.F:i.(::::i.a] (::)~ .... kh(.:.:~ ~,.].ec'~:r~c,?~l inspector(s) t:o al't".~.r· or" Ev(.:.:.~ry 1 i (:~:.:-:,r"~s~x, prov.~..,.:led .~:(::.~r :i. n '[.:h:( ~ s(ecti on ~f]al t ex pi r"e at mi dn:~. clht c)r'~ Dec:(:emk~(ar th:i r"tv-.f :[ rst, ~:'~:t ] ~:::~.):~ r'~r] the i ~.slh~rlce dar(.:.?,; and shal ]. ~::)e rene~,,x.~.x::t t::~v the bu~ 1 d:~. ncl c:l(~.~partm(.:~.)r'~t upon app ]. i cat i on and p~.~vmerJt 'f:o the cit,/ c'~.F the rer:n.~:Jr~d rene~.~al ~ee. It is .Further a rec~T~:~.rmment '~:h?,,~': 'P.h~ applicant has no't: beer~ convict, ied eVi denc:,,.~e that 'the t]o] d~m'" o'~: any' 7t. ~. c:en s(.~e has th(.? build,tx::! c~¥.~::ic~a'l mav, at his ct:i.~cr~.s?[:~on, d(.:-)r~y a license to any app:t j. ~:: i.:-iFJ t , t'" J~'.~'J: 1 !~:!~t:-~ '[: (1] l"' (.?,t"l(:~,1,,,~ ~:::,}.~ ti. ~'t:: ~. r'Jl~] ] :J. (:::~.:~rise ,~ t:)1'" 96-9 Fal se ReprI-:~.)sr~.~ntat:i (::~r'~ as to Rect:[ ~tr"at i on Unl a~.~:ul It shali t:)~a un:t. a~,~-Fut ~or any person to ~at sety represent hi ms~at-~: as a ]. :i.(::6)r'~sed et ec:~':r:J, car~ c).F any cl assi.Fi c:at:i.c)n desc:ri bed i r'J ~:l'"~i s sect~, m'"~, (::~r' '~:c~ use 'kl"~ ,x,.x::~rds "el ectr ical cantract, or, Mast. er et ectr':i c ~. an, Et mc'Pr-':J, c:i an" (::~1"- ¥,,u::~rds o'f s:i. m:i :1. ar mean:[ ng or'J to whom a t :i. c:ense has b~:.:,~-'-,~r'~ issued, Ho~,,~?w.:.:~r ~ he shal t not be has r~ot I:)e~er~ renewed and has ther'ef:)¥' ia!::lssx:~ for a period of two the a(::t~.~al work ::~.~ :(n.stall:i. nq,~ ma:i.n'ta:i.n:i, nct~ alter'ing, or any e ]. ~:,(:: t r :i. c c: or'~ d L~c t or" s .or ¢:-:-? clt.~ :i. p rn~.?rJ'l:: 4: (:)r' k-,$'~ ~ c h a p er m:i. t t'"~.:~ClLIJ. I'"(~?CJ t;]V thi~.~¢ ~:ij.f:)?c::'lT~.r]ut~, '!:here stqatt t:)e !=~r(-:.:.:s.en'k and in direct or-t, ~'~;~ clL~a :J. :i 4: :J od (:,,] ~::.i: r :J c: ~ ar't of ~" P~{-? l::~rc~l']~,,I"' c: ]. as;si .f i cat. i or'J., -t;.o tine al-'.'k ~:.u"J-k :j. c~n o.f kl'"~:., I:x~:i I d :J. r"~o of .f i c: i al of hi s sh:,] ] k)q, c:ons'l: r'~ u.,?d as proh'i !::,.i .1.. i. r'~,:l 'khe s:,mp ]. oymer]t of ster'r,.~d and qua't 'i 4:'~ ~-)d ~u-',d~=,r th~.~ pr'r),,q sions o-,f: th:i s sect. J. on,, 9(b"'":t :? i..:i ah:i t :i ]. (.?~er"~ ~'i"~:,:? rr?Spon%'j ~)~. t ~ 4" ',., Or" :l 'i ,.:~h~ t ~. ~:~/ oq:: any Party (:](.~r"~. nq ,, for clama~;l~.?% '!:.o p~::,¥"%on~i or r'~rr:q-~.~ty e:at.~s(ed t':)V ar]y ct(a4:(~:,ct there:[ r~ ~, rE.?ason o~ 't. hr:) :i. nsc)eot i on r)r rr::,:i, r'~spr~lct i on au'kh(::~r'~ z ed here:i, n ,, or s)(::p..~:J. !:)meflt authc)r'i. ::.z ecl here:i, r~ .~ (a; i'h.?r,.!] .1 :i r"~r::~ ~r'~'i ~" ,.'~::.'.) '!::h~,.~ 'i':h:i rd ::~ar'aqr"a:H'~ sha:t, t read as A'~" ]~ ~:,ast on~,.~ ]. ~ rd"~'~"~ nc~ ::~vk; mt...-.F~ '~.~'t u'"~.? sha]] be instal !ed in s~.:,rv:J, c:i n0 ., fhq, sr<, :L :i. qt"lt :i r'~r] o~.d:. ] et-...4; :i x tur"es sha]. 1 be cor~'kr'c)]. 1 ed c)-F T:J"):.? q,,cU.~:[pm(=~r'~'k re(::~:i ~,":~ r'~c~ ,~,.':,rw~(:::e ,:.'.'~r~ct/o~ .... ko '~:h(e area ~s~.(s:.)d .For ';~ha]. ]. read as T'Vr)~,:(, Ni"l and t:yp(a btl"!fT; r::at't~:im sl"~a] t be oerm:i, tted :in or'le and 't:.~,.~o-.t; am:[ ]. v dt,~e]. :t :i. r'~]s ,, and m~i 'hi .--.~ am~ '! ,.-' clw~:,]. ]. ~. rigs nclt (.~?x ceil, dj rig 't':hr'~:~.:,l.?., (2]~) stcw"~ (::.:,~:~. :in h~':,:i c~t'",'t' i:'!!.~'b ~.!"ta] :i nc~'t" i:)e tl?.(~q;:i :i. r'l any l::)t.lbl i c av"!~a assc)c:~, a'~:.~,~d ~:i. f.'h ~=H..~c:h ~whrLlc:'~:.~.tri~.~i.~ For '~;.h~.~ pt.w'~:)~]!i~!.(~ o'f 'l:.h~. ~. t o,/,~n hou ~ t/;w~, ,, t')~ rk SI"la ] ] read as -f ,:-',t 't c~,q~-~. '.', sha] 7t t:)~'~ r~erm:i .i::i-.~.:.:,d 't'.o c:rc~ss anv por'l': i c~n ~::~.F stu:::h s~.,a:i. ¢~ ~ ~i¢~ :i ~''~ ql pool ,, leas't: t(er~ (IO) .Feet hor:i'.~:~n't::a].ty so that '!':.l-',ere is no pc)ssibitity (::~.F broken ~.~:i res -Fat ] :i r'~(::~ :i n't':o 'l':hp pc:',c~! . :Fd:'~;,:'.,] ] r'~.:~.ad /.':~:::. -t::c'~'l ii r"~,9~::~ A]t.] i"~'yclr'l::'~--ma:!'~:.;::tr:t~::,, bat':ht~tfT~s si-'~,;.:)]! :1 t-~e provid~::,d t~,~5, th access 'I: c) 'f: h ~a e 't. (~::, c7 t l"' ti c: a t m ~:::,'~: o r /a r', d j ~ 1 n c: i:: :im ~--, h c'~*:.~., A c c (~(-:, s s s h a ]. ]. b e a removal:):!. ~.:.? par~'~',] o{: s,~.F.i::i c::i F,r'~T' ?.5 ;:'t~ 'kc'~ ~::,naf:)] (.~, 'f:h~:.~ removal. motor, F]")~ .... l:!"',t~::~ ?:w.',,cti. or-', ~",~',t ',,,.',, a r~'.:(,mr~r,,.;,,b'te panel shall be di.?:,.f~n~d ~.~:~. ~?l p[Flt"iEa] '~"i].::~-~' f"F~l"'~ ~:]f::, f'~Ti~-'~.l"l!:q"~ !.05 i"hc',~ ~'P hav:i i']c:~ tl::~ I'"E,I'IilT~Yt~D fltOl~'E,) th~l'l f:,;'..~c) (72) ~:..::~,:=i'(7, r~:i ~",~::~ ,'ic.,,..'i ~"'~':.',~::~ /arno! dnfev.::, rw3t" t."~:,(':H!4.1'"~¢:, '{'.h~e rez.~mox/as~l n'.~ t~:,., ~:.-:attt t:' ,, qt,-n,.d-: r-w- ,...-,i.-h,>r ?,;.~! :i nq ~ar'!e::,r~+',~:.,: l'h['-, panel shat I not ORDINANCE 88/9 AN OF;Z)];!qAiq(:;.E OF: r HiE (.iC)ARD OF: ~;;;:f)htHi SSICiNERS AMENDI CHAP TiEF;~ ;;~;, SEC:'f tCHq :i ,, S,., %-SEC ]' I CHH :! 7()t AND 29:L() SEC] 1"ION :L2,, ~:;(.!(:.)--.SEC]'T];(]NS 304,, 3 J.~:;' AND SECTION t :5 OF ]'HIE C::O.C)E C)F: (;:~i::;'>:;',)' h!Ai',!i;;;ES ,, C)] '!'Y C)i::' i qq ]'VE;F:~S ]: T'Y F:'AF;:K ,, 'TEXAS Ch"~ ~::t] t c'ru"~i!:'? I'"t..t~c:'f;'i c,~r'~ !'-~l"r", *.; r~'* ,:" 't ; '-! :. ,, pt~k',.] :i ~"': cu'" pr:i va't:e,, ~,,,~:L th:i ,,-~ the J'.:) C~ t .t r'~ (:J ;:?U" i (,? ,!!:, ."7Y¢ t h (~'.~ 'Jt!l'":i %CITJ c::i '[";i (']F'~ . ~" hr::' ii"JTJ f'l ( ;L ) d~.:e'ka:i, t ed r']~ aris and · f:hat me',(~'~'i': C?~:;i..4A s!':,:ar'~clar'cis,, ~':~r'~ct <2> a paV item-F(::)~ .... f:hc)se sa.Fety ;..,,fl-'~,.'a'b.%c:,.¢~':',',,/(~r' ~ i r'~'t.-.c, ar~',.:,, pi. ~!mi:')'( r'~c! ¥ i >~ 'JZt..~rc,.,., 'l: t c:,c)r' cJr'.¢?:li ri ,,, :i. r'~'t'.'.,,.:.:.:,r'c((ep't:.c.)r ~ I'" ,B C;] ?:. ,, :J r]-F ]. ,.'f.~Jrff'r~a~':~] ,:::.:, ,, (?l::):i ~=.,,"'H-~,,"u ~,:::. l?,r P:-: r]J c'¢!!;:j x/(: }. J (]t..t:i. {::!ii!:. (::)!," (:l~'U..:.'!.E.~:i!. ,, C]':J. i[ !:.'~. ,~cjr' (.':?.q 9':.r.:!, ,. al']',/ ~. fi1: F"C'~Ci! ~.¢"'J- 'i !"'H-~ 0¥ C:.?>', 'lc I" a~."i(.:::,~::~.] .~,!!~.; P. Ja ?. E::?I'" ,, c]r' al-IV c.]thsr · l'f'~'i n<:! ~..,,,h~.:',.'h'.:::.r~¢':,vr(:¢t,l*li"i-J ':'"h ~:,.~¢"~,"! ('! ,, c'd"' C't"'dlJ ("j t'",T~t!!!!!.(:*,, [:~'.;.\f~;i~;:t{:](~? 'i]C:'~ the? h ) I r'~ '¢ ] ("~t,,., ?. ~"::l .... i n -6 ~ t i" r' ,:.. '~' -~ m ~'-~ '¢ :" ~:')m ,: t::; ~ I 'h ','~ c', t: t :i. m i -t': e.':,(::i 'k c] ,, r' c) o '¢ .s ,, w~.':~'J::(.:gr ,, ~i.!.tJ::)~!L;~ t',,"-,',:: ~'.'~(::: e:? tlr' ~-?.:i f'~,~':~OF::,, CJ(::)!,'JF'~:!tF3C:H It' !E~ ,, V'~?,r'C[ cJ]'"~:!i 1'"[~.~:, ,~ '~: C)t..~F'~t ~?:/i l"l ~.i!.~ ,, ~.,,fa'E(~.:-);" d;"-;?t'i. I"~a(::t(::* ,. :sha]] (:t:i F(. c: h .;:.~, r- c] f=., '?:o t'h!!:~ c)Lt't':s:i. (::J(.:.:¢ c','[; '(:'.he.~ bL',i ]. c:Ji (:~d']ci +.]..hal ]. r~.~:'r?, b~::.:~, c::c::,nr'~c-.%::'i':ec:t .t:c.t '~':.he (:irat r]a(::~e !!;.c,,/!.-.!.[::(..?:,ff~ i ri 81]'/ f¥'~¢~'d-'~r'ler, OPOINkNCE NO. 88/10 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO.83/41 IN ORDER TO ADD A NEW MEMBER TO THE BOARD OF DIRECTORS OF THE SOUTHWEST HIGHER EDUCATION AUTHORITY, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance No. 83/41, Section 4. is hereby amended to read as follows: Section 4. That this Commission hereby appoints Leland D. Nelson as registered agent for the Authority and appoints the following persons as members of the Board of Directors of the Authority, to-wit: Thomas Max Nygaard James B. Gardner Frank C. Carter Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones S. Louis Moore, Jr. 1987. THAT, the SECTION II appointment is effective as of December 17, PASSED AND APPROVED the 16th day of February, 1988. ATTEST CITY MANAGER-CLERK ORDINANCE NO. 88/11 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 10, SECTIONS 12 AND 14 OF THE CODE OF ORDINANCES BY PROVIDING A TWO-HOUR PARKING RESTRICTION FOR THE 3500 BLOCK OF HAYNIE AVENUE, A FIRE LANE ON E.SIDE 6000 BLOCK CONNERLY DRIVE, AND A STOP SIGN ON BOEDECKER STREET AT McFARLIN BOULEVARD IN THE SOUTHBOUND DIRECTION; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in accordance with Chapter 10, Section 12.A. of the Code of Ordinances of the City of University Park, Texas, the following actions are taken: PARKING IS LIMITED TO TWO HOURS on the following street from 8:00 a.m. to 4:00 p.m., Monday through Friday, excepting legal holidays: STREET BLOCK SIDE EXTENT Haynie Avenue f 3500 Both Entire block Be A FIRE LANE is established to prohibit parking at the following location: STREET BLOCK DIRECTION Connerly Drive 6000 East side of street SECTION II THAT, in accordance with Chapter 10, Section 14 of the Code of Ordinances of the City of University Park, Texas, the following action is taken: That all traffic approaching from the north on Boedecker Street shall stop prior to entering the intersection of McFarlin Blvd. and Boedecker Street. SECTION III THAT the Chief of Police shall supervise the posting of signs and the painting of curbs so that the motoring public can readily discern such parking and traffic restrictions. SECTION IV THAT, Chapter 1, Section 6 (Severability shall apply. Section 5 (General Penalty) and of Parts) of the Code of Ordinances PASSED AND APPROVED this the 15th day of March, 1988. ORDINANCE NO. 77/328 (AMENDMENT NO. 70) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY SO AS TO GRANT A SPECIFIC USE PERMIT TO PROVIDE UTILITIES TO ACCESSORY BUILDING IN A SINGLE FAMILY DWELLING DISTRICT ON PROPERTY DESCRIBED AS LOT 8, BLOCK 17, UNIVERSITY HEIGHTS 93 ADDITION; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission and the governing body of the City of University Park, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and same is hereby, amended by amending the Zoning Map of the City of University Park to grant a Specific Use Permit (SUP-40) for installation of kitchen & plumbing facilities in existing one (1) story accessory structure on property zoned for Single Family Dwelling District uses, said property being described as lot 8, Block 17, University Heights ~3 Addition to the City of University Park, and being more commonly known as 3616 Greenbrier Drive. SECTION 2. That the above described property shall be used only in the manner and for the purposes provided in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification, and subject to the following special conditions: ae There may be constructed in the accessory structure one (1) tub/shower, one (1) commode, one (1) lavatory, one(l) hot water heater, one (1) double compartment sink, and one (1) slide-in stove with oven. That structure be limited to an apartment for maid residing at 3616 Greenbrier Drive. Ce That such accessory structure shall never be rent/barter exchanged for services with any person other than a maid/servant who resides at 3616 Greenbrier Drive. SECTION 3. Ail Ordinances provisions of this other ordinances of provisions of this effect. of the City in conflict with the ordinance are hereby repealed and all the City not in conflict with the ordinance shall remain in full force and SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity cf this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas shall be punished by a fine not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense, and each and every day any such violation shall continue,shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED of the City of March, 1988. AND APPROVED by the Board of Commissioners University Park, Texas, on the 15th day of ATTES ! , · / / ,' f/ / / ORDINANCE NO. 88/7 (AMENDMENT NO.1) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY SO AS TO GRANT A SPECIFIC USE PERMIT TO PROVIDE UTILITIES TO ACCESSORY BUILDING IN A SINGLE FAMILY DWELLING DISTRICT ON PROPERTY DESCRIBED AS LOT 8, BLOCK 17, UNIVERSITY HEIGHTS 93 ADDITION; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission and the governing body of the City of University Park, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and same is hereby, amended by amending the Zoning Map of the City of University Park to grant a Specific Use Permit (SUP-40) for installation of kitchen & plumbing facilities in existing one (1) story accessory structure on property zoned for Single Family Dwelling District uses, said property being described as lot 8, Block 17, University Heights ~3 Addition to the City of University Park, and being more commonly known as 3616 Greenbrier Drive. SECTION 2. That the above described property shall be used only in the manner and for the purposes provided in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification, and subject to the following special conditions: ne There may be constructed in the accessory structure one (1) tub/shower, one (1) commode, one (1) lavatory, one(l) hot water heater, one (1) double compartment sink, and one (1) slide-in stove with oven. That structure be limited to an apartment for maid residing at 3616 Greenbrier Drive. Co That such accessory structure shall never be rent/barter exchanged for services with any person other than a maid/servant who resides at 3616 Greenbrier Drive. SECTION 3. Ail Ordinances provisions of this other ordinances of provisions of this effect. of the City in conflict with the ordinance are hereby repealed and all the City not in conflict with the ordinance shall remain in full force and SECTION 4. That Ordinance No. repealed. 77/328 (Amendment No. 70) be hereby SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas shall be punished by a fine not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense, and each and every day any such violation shall continue,shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED of the City of May, 1988. AND APPROVED by the Board of Commissioners University Park, Texas, on the 17th day of ATTEST: k CITY/MANAGER-CLERK ORDINANCE NO. 88/7 (AMENDMENT NO.2) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY SO AS TO GRANT SPECIFIC USE PERMIT TO PROVIDE NOISE ABATEMENT PROVISIONS AVAILABLE IN A SINGLE FAMILY DWELLING DISTRICT, ON PROPERTY DESCRIBED AS LOT 6, BLOCK 1, UNIVERSITY PARK ESTATES ADDITION; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the Planning and Zoning Commission and the governing body of the City of University Park, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearing and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, be it ordained by the Board of Commissioners of the City of University Park, Texas: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be and same is hereby amended by amending the Zoning Map of the City of University Park to grant a Specific Use permit to Bill and Susan Thompson for installation of brick support columns with seven (7') foot quality wood fencing extending into the required front yard, on property zoned for Single Family Dwelling District uses, said property being described as Lot 6, Block 1, University Park Estates Addition to the City of University Park, and being more commonly known as 7027 Hunters Glen Drive. SECTION 2. That the above described property shall be used only in the manner and for the purposes provided in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification, and subject to the following special conditions: The improvements or objects will not impair or obstruct the vision of traffic entering the site or traveling adjacent to the site. The City Staff will measure the limits of existing shrubbery in the front yard to see that it meets minimum sight line standards between the elevations of two and one-half feet (2 1/2') and eight feet (8') above the the top of the street curb line as follows: Vision at all intersections where streets intersect at or near right angles within a triangular area formed by extending the curb lines to form an intersection and connecting the two points located on said curb lines thirty-five feet (35') from their intersections. B. The seven-foot (7') fence will be of quality wood. The brick support columns will not exceed seven feet (7') on the owners side. SECTION 3. Ail Ordinances provisions of this other ordinances of provisions of this effect. of the City in conflict with the ordinance are hereby repealed and all the City not in conflict with the ordinance shall remain in full force and SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue, shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides. DULY PASSED of the City of May, 1988. AND APPROVED by the Board of Commissioners University Park, Texas, on the 17th day of ATTEST: CITY/y ANAGER-dLE~K ORDINANCE NO. 88/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR-WAY STOP INTERSECTION AT ASBURY AVENUE AND HIGH SCHOOL DRIVE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That, in accordance with Chapter 10, Section 14, Code of Ordinances of the City of University Park, Texas, the following action is taken: (i) That all traffic approaching the west end of the 3500 block of Asbury Avenue (north side) and the east end of the 3600 block of Asbury (south side) shall stop shall Stop prior to entering the jagged intersection of Asbury Avenue and High School Drive. (2) That stop signs are already provided on High School Drive as it enters Asbury Avenue from north and south. (3) That Asbury Avenue and High School Drive shall be designated a four-way stop intersection and all regulations as described for such intersections by Chapter 10, Section 14 of The Code of Ordinances shall apply, and that the Chief of Police shall see that all necessary signs are erected. SECTION II THAT, Chapter 1, Section 5, General Penalty Provisions, and Section 6, Severability of Parts of the Code of Ordinances, shall apply. PASSED AND APPROVED this 17th day of May, 1988. ATTEST ORDINANCE NO. 88/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 (SPECIFICALLY ORDINANCE NO.87/22) OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDMENT TO THE PAY SCALE OF THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS; SECTION I THAT Chapter 8, Section 10 (Specifically Ordinance No. 87/22) of the Code of Ordinances of the City of University Park, Texas, is hereby amended to make the following additions and change: SECTION 10. CITY PAY PLAN 1. PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM PERSONNEL DIR./RISK MANAGER MASTER PLAN PROJECT DIRECTOR ACCOUNTING SUPERVISOR 466 E 2,499 3,124 3,749 393 E 2,262 2,872 3,392 (changed title from Adm. Assistant-Finance) PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM ADMINISTRATIVE INTERN 9.23 9.43 SECTION II THAT the effective date of the above changes is June 1, 1988. PASSED AND APPROVED this the 19th day of April, 1988. ATTEST: ORDINANCE NO. 88/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS PROVIDING FOR THE FRANCHISING OF THE COLLECTING AND DISPOSING OF COMMERCIAL STATIONARY COMPACTOR UNITS, AND CONSTRUCTION ROLL-OFF CONTAINERS, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF SUCH FRANCHISE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. GRANT For Franchisee forth, and University disposing discarded containers, and in consideration of compliance by each with the covenants and conditions herein set the ordinances and regulations of the City of Park, Texas, governing the collecting and of commercial stationary compactor containers, tire containers, and construction roll-off and upon application and approval as provided herein, the City hereby agrees to grant to select Franchisees a Franchise to use the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in a limited business of collecting and disposing of garbage and solid waste generated within the corporate limits of the City. SECTION 2. TERM Each Franchisee shall make application to the City Manager, or his designee, to be considered for a Franchise under the covenants of this ordinance. Said Franchise, if granted, shall remain in effect for one (1) year, or until the next succeeding January 1, when each Franchisee is eligible to renew its said Franchise. No fee shall be charged for the application and Franchise process. Each application shall provide information including, but not limited to: company name, operation address, client listing, and standard operating procedures. Filing deadline for either original service or renewal shall be November 1 preceding the applicable January 1. SECTION 3. NON-WAIVER OF POWERS This Franchise shall not be taken or held to imply the relinquishment or waiver by the City of its power to make reasonable requirements or regulations, and the City hereby expressly reserves the right to make all regulations which may be necessary to properly secure, in the most ample manner, the safety, welfare, and accommodation of the public including, among other things, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage and waste collections, and to provide such service as is contemplated by this Franchise. SECTION 4. NON-WAIVER OF REGULATIONS Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the City, including the right to make such changes and amendments of said rules and regulations as said City may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. SECTION 5. SCOPE AND NATURE OF OPERATION It is expressly agreed and understood that each franchisee shall collect and deliver for dispcsal all garbage, brush and limbs, bulky items, and building materials from commercial establishments and construction sites which are contracted by each franchisee, with the sole exception of hazardous wastes or other prohibited waste as defined by the United States Environmental Protection Agency and the Texas Department of Health. Franchisee shall, at its own expense, furnish personnel to collect garbage and solid waste and will establish and maintain, in an efficient and business-like manner, such scheduled routes and special schedules as may be necessary to fulfill the solid waste service requirements of the City. Unless otherwise established by ordinance, collection schedules shall be determined by the franchisee based upon negotiation with the customers. Information on customer locations, routes and schedules shall be supplied to the City by December 1 each calendar year. SECTION 6. PERFORMANCE STANDARDS Each Franchisee shall submit with its application a standard operating procedure for review by the Board of Commissioners. The Board shall review the application and procedure and award a franchise if they meet the requirements of this ordinance. The Board shall act on the proposed procedure and application within sixty (60) days after filing. Costs which may hereafter be incurred by each franchisee in conforming with any changes in standards of performance shall, at that time, be negotiated between the parties thereto. SECTION 7. COLLECTION RATES Each Franchisee shall have sole discretion regarding setting and implementation of rates. This Franchise is not designed to dictate to a Franchisee what rates should be charged to its customers, but rates shall not be in excess of those charged in adjoining cities. SECTION 8. BILLING~ PAYMENTS Each Franchisee shall be responsible for billing its commercial accounts and collecting payments from its customers. The billing methods and arrangements may, from time to time, be changed by the Franchisee but, in any event, the Franchisee agrees to bill customers within fifteen (15) days after the Franchisee provides the customer with the service. The Franchisee agrees to remit the City's portion of the collections (Street Use Fees) within twenty (20) days following each billing. SECTION 9. STREET USE FEES In consideration of the grant contained in Paragraph 1 hereof, each Franchisee agrees to pay to the City five percent (5%) of the gross receipts collected by the Franchisee from contracted solid waste accounts for services rendered under the provisions of this Franchise, said fees to be paid monthly. Additionally, the Franchisee will provide, on an "as needed" basis, commercial collection of three (3) yard container routes if requested by the City. SECTION 10. COMPLAINT HANDLING BY FRANCHISEE Franchisee shall, at its own expense, provide a telephone answering service, or office, to answer calls from 8:00 a.m. until 5:00 p.m. daily, Monday through Friday, excluding such holidays as may be approved by City for the purpose of handling complaints and other calls regarding collection services provided by each Franchisee. SECTION 11. VEHICULAR IDENTIFICATION Ail vehicles and equipment used by each Franchisee for the collection and transportation of commercial garbage and solid waste shall be clearly marked with the Franchisee's name in letters not less than two inches (2') in height. In the event the City shall at any time require, the Franchisee shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than two inches (2") in height. SECTION 12. REGULATIONS OF COMMERCIAL COLLECTION CONTAINERS Each Franchisee shall provide, at his own expense, containers to the owner or occupant of any premises wherein he contracts for commercial storage collection of solid waste, subject to the following requirements: A. Ail such containers shall be constructed according to reasonable specifications which are acceptable in the industry. B. Ail such containers shall be enclosed or equipped with suitable covers to prevent blowing or scattering of refuse or garbage which is being transported for disposal. C. Ail such containers shall be maintained by the Franchisee so as to be in good repair. The owner or occupant shall be responsible for odor, insect, rodent and scattered waste control in or about containers. D. Ail such containers shall be clearly marked with the Franchisee's name and telephone number in letters not less than two inches (2") in height. E. The above conditions do not apply to temporary container service. Each customer, at his option, may purchase a compactor and the disposal rates will be adjusted appropriately. SECTION 13. DISPOSAL OF SOLID WASTE Each Franchisee agrees to dispose all solid waste collected within the City at a sanitary landfill site approved by the State of Texas. Each Franchisee will be responsible for payments of all landfill fees. SECTION 14. TERMINATION FOR CAUSE If at any time Franchisee shall fail to perform any of the terms, covenants or conditions herein set forth, provided such failure is not due to war, insurrection, riot, strike, natural disaster, or any other cause beyond each Franchisee's control, the City may after a hearing as described herein, revoke and cancel the grant given in Section 1 hereof and this Franchise shall be null and void. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to each Franchisee by Registered or Certified Mail, addressed to the Franchisee at the address shown on the records of the City, and a period of at least ten (10) days has elapsed since the receipt of such notice. The notice shall specify the time and place of the hearing and shall include the specific reasons for revocation of such Franchise and this Agreement. The hearing shall be conducted in public by the Board of Commissioners of the City, and Franchisee shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out against him in the notice. If, after the hearing is concluded, the Board of Commissioners shall determine that the charges and allegations set forth in this notice are affirmed by the facts presented at the hearing, they may, by a two-thirds vote of all Board members, revoke and cancel the Franchise; and the same shall be null and void thirty (30) days thereafter. SECTION 15. BOOKS AND RECORDS The City and each Franchisee agree to maintain at their respective places of business, adequate books and records relating to the performance of their respective duties under the provisions of this Agreement. The records of both parties applicable to the performance of this Agreement shall and will be available when wanted for inspection by the other party at any time during normal working hours. Each Franchisee may, at any time, and at the City's option, be required to cause a formal audit to be made of that portion of such Franchisee's books and records representing the City's operation or any portion of its other operations which may be allocated or charged to the City operation. Both parties agree that the expense of such audit will be paid for by the City, if such audit is required by the City. The City may also appoint a supervisor to overview the Franchisee operation. SECTION 16. INDEMNIFICATION~ INSURANCE Each Franchisee assumes the risk of loss or injury to property or persons arising from any of its operations under this Agreement, with the exception of public streets and alleys to be travelled by Franchisee's vehicles in the normal course of business, and agrees to indemnify and hold harmless the City from all claims, demands, suits, judgments, costs or expenses, including expenses of litigation and attorney's fees arising from any such loss or injury. It is expressly understood that the foregoing provisions shall not in any way limit the liability of the Franchisee. Each Franchisee agrees to carry insurance during the entire term of this Agreement as follows: A. Workers' Compensation insurance covering all employees of such Franchisee engaged in any operation covered by this Agreement. B. Automobile and Public Liability Insurance in amounts not less than those established as maximum recovery limits under the Texas Civil Practice and Remedies Code. Such authorized shall name evidencing the City. accordance the Texas the State Insurance. policies of insurance shall be issued by companies to conduct business in the State of Texas, and the City as additional insured. Certificates such insurance contracts shall be deposited with The policy limits provided herein shall change in with the provisions for maximum liability under Civil Practice and Remedies Code and the laws of of Texas relating to Workers' Compensation SECTION 17. MODIFICATION This document constitutes the entire Agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless modified by ordinance of the City as provided herein. SECTION 18. RIGHT TO REQUIRE PERFORMANCE The failure of the City at any time to require performance by each Franchisee of any provision hereof shall in no way affect the rights of the City, nor shall any breach of any provisions hereof be taken or held to be a waiver of any provision itself. SECTION 19. ILLEGAL PROVISIONS If any provision of this Agreement shall he declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. SECTION 20. EFFECTIVE DATE : This ordinance shall become effective from and after its adoption and the publication of the caption as the law and charter provide. PASSED AND APPROVED this the 17th day of May, 1988. · ATTEST: CITY/FIANAGER- C~;EI~K / ORDINANCE NO. 88/15 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 13 TO THE "REVISED CODE OF ORDI- NANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, 1981" AND PROVIDING A PENALTY. WHEREAS, "the Revised Code of Ordinances of the City of University Park, 1981" has been revised by Supplement No. 13. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: THAT, Supplement through Ordinance No. adopted. SECTION I No.13, which contains all Ordinances 88/10 of February 16, 1988, is hereby SECTION II THAT, for Supplement No. 13 to the Code, the provisions of Chapter 1, Section 5 (General Penalty for Violations) and Section 6 (Severability of Parts); or of Appendix A, Section 32 (Penalty for Violations) of the Code of Ordinances, City of University Park, Texas, shall apply. PASSED AND APPROVED this 5th day of July, 1988. ATTE CITY~AGER-CLER~ ~ ORDINANCE NO. 88/7 (AMENDMENT NO. 3) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK BY AMENDING PLANNED DEVELOP- MENT DISTRICT -1- RETAIL "PD-1-R" (SNIDER PLAZA); APPROVING AN AMENDED SITE PLAN FOR A PORTION OF LOTS 9 AND 10, BLOCK B, CAMPUS HEIGHTS NO.1 ADDITION TO THE CITY OF UNIVERSITY PARK; APPROVING RELATED LAND- SCAPE AND BUILDING PLANS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of University Park, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to the owners of the affected property, the governing body is of the opinion that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby amended by amending the Zoning Map of the City of University Park so as to amend "PD-1-R" Planned Development District-l-Retail (Snider Plaza) in part by approving a revised site plan and related building and landscape plans for a portion of Lots 9 and 10, Block 13, of the Campus Heights No.1 Addition of the City of University Park, Dallas County, Texas, in accordance with the replat thereof approved by the Planning and Zoning Commission of the City of University Park on June 14, 1988, and also commonly known as 7038 Snider Plaza, University Park, Texas. SECTION 2. That the above described property shall be used only in the manner and for the purposes provided in the Comprehensive Zoning Ordinance of the City, as amended hereby, subject to the following special conditions: ne The comprehensive site plan attached hereto as Exhibit "A" and made part hereof for all purposes. The final concept plan/planting plan attached hereto as Exhibit "B' and made part hereof for all purposes. Ce The future wall location attached hereto as Exhibit "C" and made part hereof for all purposes. De Ail conditions and details shown on each of said exhibits shall be considered conditions precedent to the obtaining of a building permit or certificate of occupancy for the above described property, but shall not be considered conditions precedent to the granting of this zoning amendment. The lube express business to be constructed in accordance with this site plan shall be limited in its time of operation on Monday through Saturday from 7:00 a.m. to 7:00 p.m. and on Sunday from 10:00 a.m. to 6:00 p.m. Fo No floodlight or high pressure sodium lights shall be permitted on the property, but all lighting shall be of a subdued and concealed type controlled, louvered or so directed as to not reflect over on adjacent property. Only mercury vapor, metal halide or fluorescent lighting may be utilized. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 5th day of July, 1988. ORDINANCE NO. 88/16 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1988 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, for the year 1988, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1988, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of thirty-nine and forty one hundredths cents ($.3940) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3252 on each and every $100 valuation of such property to be levied and assessed to provide revenues for maintenance and operations of city government and current expenses thereof. (b) $.0688 on each and every $100 valuation of said property is hereby levied and assessed for the purpose of paying interest and bonded indebtedness of the City of University Park, and providing a redemption fund of the ultimate payment thereof for the General Obligation Bonds, Series 1972 and 1980, and for the purpose of paying interest on and creating a sinking fund for the redemption of all such bonds owed by the City of University Park at maturity thereof. SECTION II THAT, all publications pertinent to the tax levy as required by the State of Texas tax code and other statutory laws have been accomplished. SECTION III THAT, in addition to any statutory exemptions for the 1987 tax year, the Board of Commissioners authorizes a general homestead exemption of twenty percent (20%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1988 levy. PASSED AND APPROVED this 6th day of September, 1988. CITY MANAGER- CLERK / ORDINANCE NO. 88/17 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1988, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE ASSISTANT CITY CLERK AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, the City Manager-Clerk as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1988, and ending September 30, 1989, under full compliance with budgetary requirements of Article 689a-13, Vernon's Annotated Civil Statutes. the law. THAT, the Assistant SECTION II preliminary budget was filed in the office of City Clerk on August 5, 1988, as required by SECTION III THAT, a notice of a public hearing for September 6, 1988 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of the budget of the City of University Park is marked and filed in the office of the Assistant City Clerk, is attached hereto by reference as Exhibit "A", made a part hereof for all purposes, and adopted as the official budget of the City of University Park, Texas, for the fiscal year beginning October 1, 1988, and ending September 30, 1989. PASSED AND APPROVED this 6th day of September, 1988. CITY M~NAGER-CLERK / / ORDINANCE NO. 88/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 4.A, SUBSECTIONS (1)(d) (e), (2)(a)(b), AND (3) OF THE CODE OF ORDINANCES IN REGARD TO SEWER SERVICE CHARGES;PROVIDING A PENALTY. BE IT ORDAINET@ BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 11, Section 4.A., Subsections (1) (d)(e), (2) (a)(b), and (3) are hereby amended to read as follows: SECTION 4: SEWER SERVICE CHARGES The following sewer service charges are hereby established: (1) The sewer charge for each single family, duplex or multi-family dwelling shall be included in the water bill and calculated as follows: (d) There shall be an ten dollar and sixty cent ($10.60) minimum sewer charge per unit which includes two thousand (2,000) gallons of water per unit per month. (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at one dollar and fifteen cents ($1.15) per thousand gallons-per-month per unit for the sewer fee. (2) For each business any nature, plus schools and churches: and commercial establishment of public institutions such as (a) A ten dollar and sixty cent ($10.60) minimum up to two thousand (2,000) gallons of water used per month; and (b) One dollar and forty-five cents ($1.45) per one thousand (1,000) gallons in excess of two thousand (2,000) gallons per month. (3) For service to Southern Methodist University, one dollar and thirty-three cents ($1.33) per one thousand (1,000) gallons of water used per month, hut that the monthly charge for the period April through March shall be based on the average amount of water used during the immediately preceeding October, Novemher, December, January, February, and March. SECTION II THAT, Chapter 1, Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances shall apply. SECTION III THAT, the service charges specified ahove shall be in full force and effect on October 1, 1988. .................... ~-~ AND APPROVED this the 6th day of September, ~. _ CITY ~ANAG - ORDINANCE NO. 88/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 18, SUBSECTIONS A, B, AND C, OF THE CODE OF ORDINANCES IN REGARD TO MOBIL INTENSIVE CARE SERVICE AND FEE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. THAT, Chapter 1, Section 18, Subsections A, B, and C of the Code of Ordinances are hereby amended to read as follows: SECTION 18: MOBIL INTENSIVE CARE SERVICE A. DEFINITIONS (1) EMERGENCY shall mean any circumstance that Calls for immediate action and in which the element of time in transporting the sick, wounded, or injured for medical treatment is essential to the health or life of the person. Such circumstances include, but are not limited to, accidents generally, traffic accidents, acts of violence resulting in personal injury and sudden illness. (2) MOBIL INTENSIVE CARE UNIT vehicle especially designed, and used for transporting answer to an emergency call. shall mean any motor constructed, equipped, the injured or sick in (3) EMERGENCY CALL shall mean the M.I.C.U. trip to the place where the emergency exists, or from the place of such emergency to a hospital equipped with an emergency room. (4) EMERGENCY RUN shall mean the emergency trip to the place where the emergency exists, or from the place of such emergency to a hospital, equipped with an emergency room. (5) FIRE DEPARTMENT shall mean the fire department of the City of University Park. B. FIRE DEPARTMENT TO PROVIDE MOBIL INTENSIVE CARE SERVICE The fire department of the city shall provide M.I.C.U. service within the city or, when requested by proper authority, within the city limits of Highland Park or the City of Dallas. C. MOBIL INTENSIVE CARE SERVICE FEES (1) A fee of one hundred and seventy dollars ($170.00) shall be charged per trip per person for the transportation by Mobil Intensive Care unit of a person or persons to a hospital providing emergency medical attention within the boundaries of Dallas County. In all cases, whether one (1) person or more than one person is transported in the same M.I.C.U., the per trip charge applies to each individual. (2) The person receiving M.I.C.U. service and any person contracting for the service shall be responsible for the payment of the fee. In the event service is received by a minor, the parent or guardian of the minor shall be responsible for payment of the fee. SECTION II. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, on the 6th day of September, 1988. CITY ~ANAGER- CLERK3 ORDINANCE NO. 88/ 20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNI- VERSITY PARK BY PROHIBITING THE PAINTING OF HOUSE NUMBERS ON STREETS OR ALLEYS WITHOUT A PERMIT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY FOR VIOLATION OF THE ORDINANCE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF gNIVERSITY '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 4, "Business Regulations," Section lC(l), in part to include as follows: SECTION 1.2. PERMIT TO PAINT HOUSE NUMBERS ON STREETS The provisions persons seeking a streets and alleys. of this Section shall apply to all permit to paint house address numbers on B. DEFINITIONS (i) Street means the portion of the street which is generally paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes curbs, parkways, alleys, and sidewalks. (2) Parkway shall mean the area between the edge of the designated street and the adjacent owner's property line. (3) Sidewalk means any surface exclusive use of pedestrians. provided for the (4) Permit shall mean the written authorization of the city for a person to paint streets. C. PERMITS (1) Permit Required (a) It shall be unlawful for any person to paint house numbers on streets without having a permit from the City of Univer- sity Park authorizing such activity. (b) Each person engaged in the activity as defined in paragraph (a) above must have a permit issued under the terms of this section, and such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit Void. (c) Each permit shall designate an expiration date and state the hours when the activity within the city is permitted, which hours shall be from 8:00 a.m. to 5:00 p.m. (d) A permit shall not be issued to any person under fourteen (14) years of age. (2) Permit Application Each application for a permit required by this section shall be in writing under oath filed with the city manager-clerk and shall set out the following: (a) Name of the applicant, with his permanent residence; (b) Names and addresses of two (2) persons as references; (c) State driver's license number or a state approved identification card number; (d) Social security number. (3) Investigation Fee A fee of twenty-five dollars ($25.00) for investigation shall be charged which shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant regardless of whether a permit is issued or not. (4) Investigation of Applicant It shall be the duty of the chief of police to investigate each applicant and make a report thereon to the city manager-clerk before issuance of a permit. (5) Issuance of Permit It shall be the duty of the city manager-clerk to issue or refuse to issue such permit not earlier than one (1) day and not later than five (5) days from the time the application therefor is received by him. All permits shall expire within twelve (12) months from the date of issuance. (6) Permit to be Carried on Person While Selling It shall be unlawful for any person to paint house numbers on streets in the city without carrying the permit required by this section on his person while engaged in such activity. (7) Exhibiting Permit Each person shall produce for inspection, upon request by any person, the permit issued by the city. (8) Revocation of Permit If, after the permit required by this section has been issued, the mayor, city manager-clerk, chief of police, or other official of the city finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant's product or service by the city, it may be revoked by the city manager-clerk, city attorney, or chief of police. (9) Specifications for Paintinq House Numbers - Paint shall be first quality traffic grade and reflectorized. -Background shall be a rectangle 5" x 12" of Green (street sign shade). -'Stenciled White numerals shall be 3" high and normally spaced. - House numbers shall be neat in appearance and uniformly applied to the curb. - House numbers shall be located in the curb radius at one driveway entrance or centered on the lot. SECTION 2. That all ordinances of the city in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the city not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance by adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be fined in an amount not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 6th day of September, 1988. ATTEST: C I TY i MANAGER- CLERK APPROVED: ORDINANCE NO. 88/21 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIR./CITY ENGINEER FINANCE DIRECTOR ADMINISTRATIVE ENGINEER OPERATIONS MANAGER FIRE MARSHAL/ASST. FIRE CHIEF ASSISTANT POLICE CHIEF PARKS DIRECTOR DEPUTY FIRE CHIEF POLICE CAPTAIN PERSONNEL DIRECTOR/RISK MANAGER ASSISTANT FINANCE DIRECTOR BUILDING OFFICIAL TRAFFIC SUPERINTENDENT SANITATION SUPERINTENDENT MASTER PLAN PROJECT DIRECTOR QUALITY CONTROL OFFICER MECHANIC FOREMAN ACCOUNTING SUPERVISOR ASST.BLDG.OFCL. (PERMIT/INSPECT) ADMINISTRATIVE ASST-PARKS STREET FOREMAN BUYER WATER DEPARTMENT MANAGER ADMINISTRATIVE ASST-PUBLIC WORKS WASTEWATER COLLECTION FOREMAN WATER DISTRIBUTION FOREMAN ASSISTANT CITY CLERK E 864 3,826 4,783 5,739 E 864 3,826 4,783 5,739 E 725 3,377 4,222 5,066 E 657 3,157 3,947 4,736 E 657 3,157 3,947 4,736 E 611 3,008 3,761 4,513 E 611 3,008 3,761 4,513 E 539 2,776 3,470 4,164 E 516 2,701 3,377 4,052 E 516 2,701 3,377 4,052 E 466 2,540 3,175 3,810 E 464 2,533 3,167 3,800 E 421 2,394 2,993 3,591 E 421 2,394 2,993 3,591 E 421 2,394 2,993 3,591 E 393 2,304 2,880 3,456 E 393 2,304 2,880 3,456 E 366 2,216 2,771 3,325 E 332 2,107 2,634 3,160 E 323 2,077 2,597 3,116 E 318 2,061 2,577 3,092 E 313 2,045 2,557 3,068 E 298 1,996 2,496 2,995 E 298 1,996 2,496 2,995 E 291 1,974 2,468 2,961 E 282 1,945 2,432 2,918 E 282 1,945 2,432 2,918 E 259 1,871 2,339 2,806 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WAREHOUSEMAN C 56 245 PUBLIC SAFETY DATA SPECIALIST C 56 245 SENIOR COURT CLERK C 55 216 ASST.BLDG.OFFICIAL (ZONING) C 54 191 DATA ENTRY CLERK C 54 191 TAX CLERK C 53 160 CASHIER CLERK C 52 143 CLERK C 52 143 COURT CLERK C 52 143 PARKS SECRETARY C 52 143 POLICE SECRETARY C 52 143 SERVICE CENTER SECRETARY C 52 143 WORD PROCESSING CLERK C 52 143 MAIL/UTILITY CLERK C 51 119 RECEPTIONIST C 51 119 1,629 1,963 2,296 1,629 1,963 2,296 1,523 1,835 2,146 1,431 1,725 2,018 1,431 1,725 2,018 1,318 1,588 1,857 1,255 1,513 1,770 1,255 1,513 1,770 1,255 1,513 1,770 1,255 1,513 1,770 1,255 1,513 1,770 1,255 1,513 1,770 1,255 1,513 1,770 1,166 1,406 1,645 1,166 1,406 1,645 LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM UTILITY WORKER I L 57 269 LEAD MECHANIC L 56 245 TRAFFIC SIGNAL FOREMAN L 56 245 BUILDING INSPECTOR L 55 216 GARDENER I L 55 216 LAYOUT WELDER L 55 216 MECHANIC WELDER L 55 216 ANIMAL CONTROL OFFICER L 54 191 DISPATCHER L 54 191 FACILITIES MAINT.TECHNICIAN L 54 191 NIGHT MAINTENANCE WORKER L 54 191 SANITATION CREW LEADER L 54 191 PARKS MECHANIC L 54 191 PEST CONTROL OFFICER L 54 191 SIGN MAKER L 54 191 UTILITY WORKER II L 54 191 ENVIRONMENTAL INSPECTOR L 53 160 NIGHT MAINT. ASSISTANT L 53 160 TIRE REPAIR TECHNICIAN L 53 160 TRAFFIC TECHNICIAN L 53 160 TRANSFER DRIVER L 53 160 ASSISTANT WAREHOUSE WORKER L 52 143 COMMERCIAL DRIVER L 52 143 GARDENER II L 52 143 IRRIGATION TECHNICIAN L 52 143 LUBE WORKER L 52 143 UTILITY WORKER III L 52 143 RESIDENTIAL DRIVER L 51 119 SIGN/STREET PAINTER L 51 119 GARDENER III L 50 99 JANITOR L 50 99 SANITATION HELPER L 50 99 UTILITY WORKER IV L 50 99 1,757 2,117 2,476 1,664 2,005 2,345 1,664 2,005 2,345 1,552 1,870 2,187 1,552 1,870 2,187 1,552 1,870 2,187 1,552 1,870 2,187 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,455 1,754 2,052 1,335 1,609 1,882 1,335 1,609 1,882 1,335 1,609 1,882 1,335 1,609 1,882 1,335 1,609 1,882 1,269 1,530 1,790 1,269 1,530 1,790 1,269 1,530 1,790 1,269 1,530 1,790 1,269 1,530 1,790 1,269 1,530 1,790 1,176 1,418 1,659 1,176 1,418 1,659 1,099 1,325 1,550 1,099 1,325 1,550 1,099 1,325 1,550 1,099 1,325 1,550 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT PATROL OFFICER INVESTIGATORS 2,602 2,732 2,868 2,038 2,140 2,247 Special assignment pay month added to rank pay. 2,359 2,477 of $50.00 per FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN DRIVER ENGINEER DRIVER II FIRE INSPECTOR HOSEMAN PARAMEDIC-CAPTAIN PARAMEDIC EMT 2,913 3,058 2,642 2,773 2,515 2,396 2,239 2,350 1,925 2,021 2,467 2,590 2,122 2,228 2,339 $150.00 per month assignment pay $100.00 per month assignment pay $ 25.00 per month assignment pay PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM ADMINISTRATIVE INTERN POOL MANAGER LIFEGUARD SCHOOL CROSSING GUARD WAREHOUSE ASSISTANT PARK LABORER 9.23 9.43 7.50 9.00 4.50 6.50 4.50 6.50 4.50 6.50 4.50 6.50 PAY PLAN ADMINISTRATION (a) Non-uniformed Pay Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit based on performance. Merit employees will receive an increase on October 1 based on their most recent performance appraisal. Employees with an average appraisal will receive a 2% of mid-point increase. Employees with an above average performance appraisal will receive a 4% of mid-point increase. Employees with an outstanding performance appraisal will receive a 6% of mid-point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsideration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Paramedic, and are designated follows: Since October 1, 1987, Paramedic-Captain, EMT positions are no longer specified as rank but as assignment and receive assignment pay as Paramedic Lieutenant ............ $150.00 per month Paramedic ....................... $100.00 per month EMT ............................. $ 25.00 per month The assignment pay will be in addition to the pay allocated for the firefighter's rank at time of assignment. If, for example, a Hoseman receives training and is assigned as a paramedic, his/her pay would be that of a Hoseman plus $100.00 a month assignment pay. If a Driver/Engineer is assigned to be a Paramedic Captain, he/she will receive the Driver/Engineer pay and $150.00 a month assignment pay. Subsequently, if a Paramedic Captain decides, for some reason, he/she wishes to discontinue the assignment he/she will then revert back to previous rank and the assignment pay will be discontinued. The same is true if the reassignment is made with cause and/or in the best interest of the department. However, persons holding the rank of Paramedic Captain or Paramedic prior to October 1, 1987 and are removed from their assignment, will be allowed to test for the Driver/Engineer rank; if he/she does not pass the test, he/she will be reclassified to the rank held previous to assignment as a Paramedic or Paramedic Captain. PROBATIONARY PERIOD. The probationary period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a probationary period or prevents any department head or supervisor from delaying pay increases or not giving pay increases for just and compelling reasons. EMERGENCY SERVICE PLAN. Because of emergency conditions in the utility area, the utility supervisor will designate one three-person crew which is available for call for a week at a time (7 days), twenty-four (24) hours per day. For such availability, each member of such crew will receive up to thirty-eight dollars and fifty cents ($38.50). The amount of such bonus to be determined at the discretion of the Director of Public Works. Only the designated crew will receive bonus payments even though, on occasion, more than one crew may be called. Each person on standby will be notified by "beeper" that an emergency exists and will be required to call a designated number or individual for directions. DIFFERENTIAL INCENTIVE PAY Police Officers and Lieutenants working evening shift would receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift would receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed personnel in the Fire Department shall receive incentive pay for education in fire protection technology. This plan does not include the rank of Captain or higher. 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond basic should carry the following incentive pay: 1. Intermediate 2. Advanced 3. Master's Degree $25.00 per month $50.00 per month $75.00 per month No Fire Department personnel shall receive more than $100.00 per month of incentive pay. (b) Uniformed personnel in the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for educational incentive pay as follows: 1. Associate Degree 2. Bachelor's Degree $25.00 per month $50.00 per month In addition to the above, officers of the Police Department with the rank of Patrol Officer, Investigator, or Lieutenant are eligible for a certification pay incentive according to the TCLEOSE certification held by that officer: 1. Intermediate Certificate 2. Advanced Certificate $25.00 per month $50.00 per month No Police Department personnel shall $100.00 per month of incentive pay. receive more than 9. MASTER POLICE OFFICER. The Master Police Officer designation is hereby established for any Police Officers attaining the qualifications set by the Department. The designation would carry a fifty dollar ($50.00) per month increase in salary. The qualifications for this designation are as follows: a. Must have been five (5) years with the Department, or two (2) years with the Department and have an Advanced Certificate; b. Must maintain an average of six (6) on his/her performance evaluations for the past two years; c. Must not have had any preventable accidents within the last eighteen (18) months; d. Must not have had any suspensions within two (2) years, any written reprimands within one (1) year, or any oral reprimands within the past six (6) months; e. Must complete Field Training Officer School and must qualify and perform as a Field Training Officer; f. Upon obtaining the Master Police Officer assignment, the officer must successfully complete both basic supervision and intermediate traffic accident training; g. Must demonstrate proficiency with service weapons; and h. Must complete one Criminal Investigation School. If upon attaining the designation of Master Police Officer the officer fails to maintain the above standards, the Chief of Police may reassign the officer to Patrol Officer status, until °the officer again meets the standards listed above. 10. EXCESS OF FORTY (40) HOURS. Ail employees, excluding uniformed fire personnel, who are not listed as exempt from overtime under Administrative Order PRS-4 shall receive pay at the rate of one and one half (1 1/2) times of base pay for all hours worked over forty (40) hours per week. Holidays and vacation time will count as work days for the purpose of this section. Sick leave will not count as a work day for the purpose of this section. 11. COMPENSATORY PAY TIME. It is possible to give compensatory pay time as long as the comp time off is given within the pay period in which it is earned. All compensatory time must be approved by the department head and given to the payroll clerk for record keeping. Unless the department head and supervisor certify accrued comp time, no claims will be allowed. 12. APPLICATION OF PAY PLAN. applies only to regular overtime provisions. The pay plan, as outlined above, full-time employees except for the 13. PLAN INTO EFFECT. This amended ordinance is effective 10/1/88. 14. INTERPRETATION. From time to time, it may be necessary to interpret the pay plan for its applicability to certain unseen circumstances. The City Manager may issue an Administrative Order interpreting the pay plan for specific circumstances; however, all such interpretations may be appealed to the Board of Commissioners with fifteen (15) days notice. /'~. ...... -..ATTEST-PASSE~''''~b'~'~PPROVEDX~\!~/3~? ,, ~? this/?//~. 21st//~.~ day, of/ Sept.[/~////~1988' ~ CITY MANAGER-CLERK ORDINANCE NO. 88/22 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, REQUIRING A FISCAL IMPACT STATEMENT TO ACCOMPANY ANY ORDINANCE AUTHORIZING ANY CHANGES IN RETIREMENT BENEFITS UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND/OR THE FIREMEN'S RELIEF AND RETIREMENT FUND; REQUIRING CERTAIN ORDINANCES/RESOLUTIONS PROVIDING FOR EXPENDITURE OF CITY FUNDS TO ALSO BE ACCOMPANIED BY A FISCAL IMPACT STATEMENT PREPARED BY THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the ultimate fiscal impact of ordinances and resolutions adopted by the Board of Commissioners should be known in advance of the adoption of the same to preserve the public trust and inform the Commissioners of the effect of their actions; now, therefore, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That any ordinance proposed for adoption by the Board of Commissioners which would authorize any changes in retirement benefits for employees under the Texas Municipal Retirement System (as contained in Vernon's Annotated Civil Statutes Title ll0B, Subtitle G) and/or the Firemen's Relief and Retirement Fund (Vernon's Ann. Civil Statutes, Art. 6243h.) contain a fiscal impact statement prepared by the city manager or his designated representative indicating the full amount of appropriation necessary in the current or succeeding city budget to fund such entitlement. The fiscal impact statement shall also contain the additional amount of unfunded liability created by such changes. SECTION 2. Any ordinance or resolution providing for or requiring current or future expenditure of City funds which is presented to the Board of Commissioners for consideration and adoption shall be accompanied by a fiscal impact statement prepared by the city manager or his designated representative indicating the source of funds from which any such expendi- ture will be made and the total dollar amount required to fund the obligation being assumed by the city by virtue of such ordinance or resolution. SECTION 3. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 4th day of October, 1988. CITY M~AGER-CLERK / ORDINANCE NO. 88/23 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 7. A. BY ADDING SUBSECTION (2); BY RENUMBERING SECTIONS B. THROUGH F.; AND BY AMENDING SECTION F. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 8, Section 7., hereby amended to read as follows: Subsections A. through F. are SECTION 7: EMPLOYEE VACATION BENEFITS ae Ail employees shall be granted paid vacation according to the following schedule: (8/18/87) Length of Service with city Vacation Hours Regular Firefighter Vacation Hours/Week Regular Firefighter 6 mos. - 5 yrs. 88 132 1.69 2.54 6 - 10 years 104 156 2.00 3.00 11 - 15 years 120 180 2.31 3.47 16 - 20 years 136 204 2.62 3.93 21 + years 160 240 3.08 4.62 Additional vacation days may be gained by employees who do not use their sick leave. Vacation time may he added according to the following schedule: (8/18/87) (1) Sick Leave Hours Used in a Year Vacation Hours Added Regular Regular 0 hours Up to 8 hours Over 8 up to 16 hours Over 16 hours (8/18/87) 24 16 8 0 (2) Non Firefiqhters-10 Hr/Day Personnel Sick Leave Hours Used in a Fiscal Year Vacation Hours Added 0 hours Up to 10 hours Over 10 up to 20 hours Over 20 hours (3/1/88) 24 16 8 0 (3) Sick Leave Hours Used in a Year Firefiqhters Vacation Hours Added Firefighters 0 hours Up to 12 hours Over 12 up to 24 hours Over 24 hours (8/18/87) 36 24 12 0 Ce Ail vacation leave shall be approved by the department head prior to its use. (10/6/80) If a holiday occurs during vacation, the employee will be permitted additional hours off with pay [as per Chapter 8, Section 6.A(10) of the Code of Ordinances] if taken in conjunction with the vacation. (1/26/88) Fe Ge If an employee has worked for one (1) year, prior to resigning, and gives notice two (2) weeks before termination, he/she will be paid accumulated vacation leave as part of compensation to the employee. (10/6/80) The city manager/clerk shall see that complete records of vacation leave accrued and used are kept. Under no circumstances will an employee be allowed to accumulate more than two (2) times his/her annual accumulation allowance as described in A. above. (5/22/85) The city manager/clerk and the director of finance shall use the latest anniversary date of each employee since January 1, 1980 to figure the accumulated leave. PASSED AND APPROVED this the 4th day of October, 1988 'ATTEST: CITY MANaGER-CLERK ORDINANCE NO. 88/24 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING STANDARDS SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, INCLUDING AMENDMENTS OR SUPPLEMENTS ADOPTED FROM TIME TO TIME BY THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments has adopted Standard Specifications for Public Works Construction-North Central Texas as the basic uniform specifications for the region; and WHEREAS, the Board of Commissioners has determined that it is in the best interest of the City of University Park to adopt these specifications for public works projects within the City; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Standard Specifications for Public Works Construction-North Central Texas, Second Edition, is adopted as the specifications for public works projects carried out within the City of University Park. That as formal amendments are adopted by the Executive Board substituted in thereafter have adopted hereby, re-publication adopted Park. developed by the Advisory Committee and North Central Texas Council of Governments and published, they shall be included and the specifications adopted hereby, and shall the force of law, the same as if originally provided that any new edition or of such Standard Specifications shall be by amendatory ordinance of the City of University SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional SECTION 4. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 4th day of October, 1988. ATTEST: [! ,? ~ - . ~ -, M~/0%I~'~-- CITYM.~IAGER-CLERK ORDINANCE NO. 88/25 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 6, SECTION 3.0. OF THE CODE OF ORDINANCES TO STANDARDIZE THE HEALTH PERMIT FEE FOR FOOD SERVICE ESTABLISHMENTS; PROVIDING AN EFFECTIVE DATE; AND FURTHER PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 6, Section 3.0. of the Code of Ordinances is hereby amended to read as follows: O. PERMIT FEE An annual fee of one hundred and seventy-five dollars ($175.00) will be collected from each food service establishment for the initial health permit and thereafter for the renewal of such permit. SECTION II Ail 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 III This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. SECTION IV That Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances shall apply. PASSED AND APPROVED this 4th day of October, 1988. ATTEST: CITY MANAGER-CLERK / ORDINANCE NO. 88/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING SECTION 22E; REQUIRING AUTOMATIC FIRE EXTINGUISHING SYSTEMS TO BE ADDED TO EXISTING OCCUPANCIES IN THE EVENT OF ADDITIONS, ALTERATIONS, OR REPAIRS UNDER CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it appears that there are certain occupancies within the City which would, under current Building Code provisions, be required to contain automatic fire extinguishing systems; and WHEREAS, required to alterations, THEREFORE, it appears that those occupancies should be provide such systems in the event of additions, or repairs under certain conditions; NOW, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS 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, "Fire Protection," Section 22E, to read as follows: "SECTION 22: AUTOMATIC FIRE EXTINGUISHING SYSTEMS REQUIREMENT IN OCCUPANCIES BASED ON AREA IN SQUARE FEET E. The operator of premises where a building exists which contains an occupancy requiring the installation of an automatic fire extinguishing system, when a building permit is requested for an addition, alteration, or repair, shall be required to provide installation of an automatic fire extinguishing system for the entire building if: (1) any such addition, alteration, or repair, when cumulated with any addition, alteration, or repair made to such premises within the preceding ten (10) years, affects or involves fifty percent (50%) or more of the total area of the building; or (2) an addition to the exceeds ten percent the building as addition. building is equal to or (10%) of the total area of it existed prior to such F. If any addition, alteration, or repair, when cumulated with any addition, alteration, or repair made to any premises containing an occupancy requiring the installation of an automatic fire extinguishing system within the preceding ten (10) years, affects or involves an area exceeding the maximum allowable floor areas for unsprinkled buildings as set out in Table 5-C.1, and such building contains a basement with an area greater than fifteen hundred (1,500) square feet, the operator of such premises accomplishing such addition, to provide installation extinguishing system within basement. shall be required, when alteration, or repair, of an automatic fire the entire area of such SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the Board of Commissioners of the City of University Park, Texas, on the 4th day of October, 1988. APPROVED: ATTEST: ~ CITY MANAGER-CLERK ORDINANCE NO. 88/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX, AMENDING CHAPTER 8, SECTION 10 (CITY PAY PLAN) OF THE CODE OF ORDINANCES, BY INCREASING THE SCHOOL CROSSING GUARD HOURLY WAGES, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MININUM MAXIMUM SCHOOL CROSSING GUARD 7.50 9.00 THAT this immediately from cases provides. SECTION II amended ordinance shall take effect and after its passage as the law in such City 1988. PASSED AND APPROVED by the Board of Commissioners of the of University Park, Texas, this the 1st day of November, ATTEST: '~< ....... ................... CITY MAY~-- ORDINANCE NO. 88/28 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 11, SECTION 5 OF THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, TEXAS, BY AMENDING THE UTILITY SERVICE CONSTRUCTION FEES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT Chapter 11, Section 5 of the Code of Ordinances is hereby amended to read as follows: SECTION 5: SCHEDULE OF UTILITY SERVICE CONSTRUCTION FEES For services performed by the City as denoted Chapter, the following charges will be made: in this Installation of a one inch (1") water meter at a depth of five feet (5') or less ...... Installation of a one inch (1") water meter at a depth greater than five feet (5') ..... Installation of a sewer tap at a depth of five feet (5') or less ..................... Installation of a sewer tap at a depth greater than five fee (5') ................. Installation of a one inch (1") water meter and a sewer tap at a depth of five feet (5') or less in a single excavation ............. Installation of a one inch (1") water meter and a sewer tap at a depth greater than five feet (5') in a single excavation ...... Removal of an existing water meter and/or sewer tap per excavation at a depth of five feet (5') or less ..................... Removal of an existing water meter and/or sewer tap per excavation at a depth greater than five feet (5') ....................... $ 600.00 $ 950.00 $ 600.00 $1,000.00 $1,050.00 $1,500.00 $ 500.00 $ 950.00 The price for the installation of water meters greater than one inch (1") and excavations in other than the alley will be determined by the City, based on the size, location, current costs and specifications. SECTION II Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION III This ordinance shall take effect immediately from and after its passage. PASSED AND APPROVED this 1st day of November, 1988. CITY MANAGER-CLERK