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HomeMy WebLinkAboutBook 11 11/01/88 - 12/04/90ALLEYS: controlling tree/brush overgrowth 89/1 01/03/89 11-12 and creating Environ. Health Officer BUILDING CODE, 1988, adopting 89/10 05/02~89 ~ 22~3t · BUDGET, 1989-90 - Adopting 89/22 09/05/89 70 ~ BUILDING REGULATIONS, Minimum Bldg. 90/7 03/06/90 118 Standards for Use & Occupancy · BUDGET, 1990-91 - Adopting 90/24 09/04/90 175 BASEBALL FIELD IMPROVEMENTS CHARTER COMMISSION ELECTION ordinance CODE Of ORDINANCES, SUPPL..# 14. 8821311 12~.06~/88~ i 10 CODE OF ORDINANCES, updating references 05/02Z89~ 4574.~ to State Statutes and Zoning Ordinance CODE OF ORDINANCES, Suppl.# 15 89/25 09/07/89 77 CODE OF ORDINANCES, (9-1-1) 89/29 12/05/89 93-95 Telecommunications Services CODE OF ORDINANCES, Home Rule : 90/8 04/3/90 126-129 Charter Changes (Amending) CODE OF ORDINANCES, SANITATION FEES 90/26 09/04/90 177 modification CODE OF ORDINANCES, SMU Security 9U/29 ~0/02/9~ 186 issue fire lane citations ELECTION POLLING PLACE: City Hall Lobby 89/2 02/07/89 13 ELECTION: scheduling Charter election 89/19 07/06/89 61-62 for November 7, 1989 FALSE ALARM NOTIFICATION FEES iili 89/8 04/04/89 Page FIRE CODE/STANDARDS 1988 Edition ~ii 89/17 06/06/89 52-56 FIRE LANE: Chief Police allowed designate 89/27 10/03/89 79 FOUR-WAY STOP - University/Dublin ii 89/28 · 12-05-89 92 FOUR-WAY STOP - Southwestern Blvd/ ili 90/1 01/04/90 103 FOUR-WAY STOP - Turtle Creek Blvd/ 90/3 FIRE ALARM SYSTEMS 90~I2 ' ' 057!6790 !36 HOME RULE CHARTER (Amending City Code) 90/8 03/06/90 ~26-129 IMPOUNDMENT FEES (animal) 89/7 04/04/89 Page 19 IRRIGATION CODE, adopting 89/13 05/02/89 41r44 LIQUID WASTE REGULATIONS 88/29 11/01/88 1-6 LONE STAR GAS (did not pass due to changes) 90/31 1~/06/90 192 il MECHANICAL CODE 1988, adopting 89/12 05/02/89 38-40 POLLING PLACE: designating City Hall PLUMBING CODE, 1988, adopting 89/11 05/02/8 NO PARKING adjacent to driveway entrances PAY PLAN 1989-90 PAY PLAN 1989-90 (amended, Police) i 89/24 09/07/89 72-76 PROPERTY TAX CODE, Taxation of certain Tangible Personal Property PARK FEES - Sports Clinics i ii 90/10 4/03/90 132-133 PROHIBITING PARKING WEST SIDE OF TURTLE CREEK fom Southwestern to Caruth PARKING - DISABLED PERSONS 90/36 12/04/90 206 RETIREMENT SYSTEM 90/33 12/04/90 195 RECORDS MANAGEMENT PROGRAM 90/35 12/04/90 199 Southwest Higher Education Authority, iii 98/4 03/03/89 Page 15 appointing Darrell Lafitte to Board SEWER RATES (and Water) amending !i 89/6 04/04/89 17-19 SEWER SERVICE CHARGES for SMU, commercial 89/9 04/19/89 21 SWIMMING POOL REGULATIONS to facilitate 89/16 05/02/89 49-51 SALARY ORDINANCE 1989-90 iil 89/20 07/06/89 63-67 SECURITY DEPOSITS, Water Meter 89/21 08/01/89 69 SALARY ORDINANCE, 1989-90 (amendment) iii 89/24 09/05/89 72-76 STOP SIGN (FOUR'WAY), Southwestern [ii Boulevard and Thackeray Street ~!i~:~ 90/1 01/04/90 103 STOP SIGN (FOUR-WAY) University/Dublin ~ili 89/28 !2/05/89 92 STOP SIGN (FOUR-WAY) Turtle Creek/Thackeray Street i90/3 02/06/90 106 SPECIAL SIGN DISTRICT - Plaza at University Park SMU/UP - Establish sewer service charge base SOUTHWEST HIGHER EDUCATION AUTHORITY, INC. 90/22 07/03/90 168 New members to the board SALARY ORDINANCE 1990-91 90/23 09/19/¢0 169 SANITATION FEES MODIFICATION SPECIAL SIGN DISTRICT - Park Cities PLAZA SANITARY SEWER CHARGES - NEW ACCOUNTS TEXAS HIGHER EDUCATION AUTHORITY, appointing Darrell Lafitte to Board TAX LEVY for the year 1989 TMRS, UPDATED SERVICE CREDITS, 60% TRAFFIC CODE, Director of Public Works to Determine TU ELECTRIC RATE SCHEDULE 90/11 05/08/9.0 13~ TEXAS HIGHER EDUCATION AUTHORITY New members to Board TAX LEVY for the year 1990 TEXAS MUNICIPAL RETIREMENT SYSTEM 60% UPDATED SERVICE CREDITS, TMRS 89/26 ~0/03/89 Page 78 VISION CLEARANCE at all intersections of alley 89/3 03/07/89 Page 14 and/or street (15 street) WATER AND SEWER RATES, amending 89/6 04/04/89 Pages 17i-18 WATER METER SECURITY DEPOSITS 89/21 08/01/89 69 ZONING ORDINANCE NO. 88/7 (AMD. #4) ZONING ORDINANCE NO. 88/7 (AMD.#5) ZONING ORDINANCE NO. 88/7 (AMD. #6) ZONING ORDINANCE NO. 88/7 (AMD.#7) ii 88/7(AMD#7) 11-9-89 83-84 ZONING ORDINANCE NO. 88/7 (AMD.#8) ZONING ORDINANCE NO. 90/4 - Special Use Permit, 3468 Standord ZONING 0RDINANCE NO. 90/5 Special Use Permit, 3230 Southwestern Blvd. ZONING ORDINANCE NO. 90/13 - accessory 90/13 05-16-90 151 objects/appurtenances, front yard- small car parking ZONING ORDINANCE NO 90/15 - Special Use Permit, 4057 Grassmere Lane 90/15 06/05/90 154 ZONING ORDINANCE NO. 90/16 - interior 90/16 07-03-90 156 exit stairways, driveway requirements ZONING ORDINANCE 90/17 90/17 07-03~90 159 Special Use Permit, 4117 San Carlos ZONING ORDINANCE - HPHS - PLANNED ~ 9U/18 07-03-90 161 DEVELOPMENT DIST #17 ZONING ORDINANCE - PLANNED DEV. DIST 90/19 0/-03-90 163 #16 ZONING ORDINANCE - PLANNED DEV. DIST.#15 90/20 U7-U3-90 165 ~ ZONING ORDINANCE - New Bldgs. in 90/27 10/02/90 180 excess of 40,000 sq. ft. ZONING ORDINANCE - Small car 90/30 10-02-90 188 parking ORDINANCE NO. 88/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING REGULATIONS FOR THE DISPOSAL OF LIQUID WASTE; PROVIDING FOR REQUIREMENT OF PERMIT; PROVIDING FOR FEE AND DISPLAY OF PERMIT; PROVIDING FOR MAINTENANCE OF LIQUID WASTE VEHICLES; PROVIDING FOR INSPECTION OF LIQUID WASTE VEHICLES; PROVIDING FOR RESPONSIBILITIES OF A LIQUID WASTE TRANSPORTER; PROVIDING FOR ACCUMULATION OF LIQUID WASTE; PROVIDING FOR DISPOSAL OF LIQUID WASTE; PROVIDING FOR RESPONSIBILITIES OF LIQUID WASTE GENERATOR; PROVIDING FOR RESPONSIBILITIES OF LIQUID WASTE DISPOSER;PROVIDING FOR RULES AND REGULATIONS; PROVIDING FOR DENIAL SUSPENSION, AND REVOCATION OF PERMIT; PROVIDING FOR APPEAL; PROVIDING FOR RESPON- SIBILITY OF CORPORATIONS OR ASSOCIATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE OF NOT MORE THAN TWO THOUSAND ($2,000.00) DOLLARS FOR EACH VIOLATION;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 6, "Health and Sanitation," adding Section 4, "Liquid Waste Transport," to read as follows: A. Permit Required (1) A person commits an offense if he operates, or causes to be operated, a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of liquid waste, and the approving authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated. (2) A person who desires to obtain a permit must make application on a form provided by the City. (3) A person who desires to obtain a permit must submit to the City at the time of application a photocopy of the manager's driver license. The City shall be notified of manager employment changes during the permit period and shall be provided a copy of the new manager's driver license. (4) The City shall not issue a permit unless the applicant submits for inspection by the City the vehicle the applicant proposes to use to transport liquid waste and the vehicle is found by the City to be constructed and equipped in accordance with the provisions of this section. (5) A permit is not transferable. (6) A permit issued by the City excludes the hauling of materials that are hazardous in nature. (7) Transporters transporting hazardous waste must have the applicable Texas Water Commission and U.S. Environmental Protection Agency (EPA) registration number and use the appropriate EPA manifest system. (8) Each applicant must specify the disposal site or sites to be used for the authorized disposal of liquid waste. The City shall be immediately notified of additional disposal sites used during the permit period. B. Fee and Display of Permit (1) The City shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee of $240.00 for the first vehicle and $170.00 for each additional vehicle operated by the person. Each permit must be renewed annually. (2) The City shall number permits consecutively, and each permit holder shall cause to be displayed on each side of each vehicle in a color contrasting with the background, in three-inch letters or larger, the business name, TDH registration number, and the following: UPT The first three letters (UPT) shall represent the city. The blank space shall contain the permit number. The permit holder shall place the business name, TDH registration number and the vehicle permit number on each vehicle before the vehicle is operated. The permit holder shall keep the permit receipt, or a copy thereof, in the vehicle at all times. C. Liquid Waste Vehicles: Maintenance (1) A liquid waste transporter shall: (a) Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good repair and free from leaks; Provide a safety plug or cap for each valve of a tank; (c) Cause a vehicle day. vehicle exterior to be clean and the odor-free at the beginning of each work (2) The City may cause to be impounded a vehicle which is being operated in violation of this section, and it may authorize the holding of the vehicle until the violation is corrected. The City may also revoke the permit for an improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal may be filed by the transporter pursuant to Section L. herein. D. Liquid Waste Vehicles: Inspection (1) A liquid waste transporter's vehicle shall be inspected by the City prior to the issuance of a vehicle permit with qualifications as follows: (a) Use a vehicle with a single tank as an integral portion of vehicle to transport liquid waste; portable tanks or other containers temporarily installed in vehicles are prohibited; (b) Piping, valves, and connectors shall be permanently attached to tank and/or vehicle; (c) Tank to be liquid tight; (d) Tank to be constructed so that every interior and exterior portion can be easily cleaned; (e) Piping, valves, and connections shall be accessible and easy to clean; (f) Inlet, or opening of tank to be constructed so that collected waste will not spill during filling, transfer, or during transport; (g) (h) Outlet connections to be constructed so that no liquid waste will leak, run, or spill out from the vehicle; Outlets to be of a design and type suitable for the liquid waste handled and capable of controlling flow or discharge without spillage or undue spray on, or flooding of, immediate surroundings while in use; (±) Pumps, valves, cylinders, diaphragms and other appurtenances to be of a design and type suit- able for the type of waste handled, capable of operation without spillage, spray, or leakage, and capable of being easily disassembled for cleaning. E. Responsibilities of a Liquid Waste Transporter (1) Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gasses, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste. (2) A transporter with a City liquid waste transporter permit shall not transport materials that are hazardous in vehicles permitted by the City for transporting liquid waste. (3) A transporter holding a City disposal site permitted and approved state, or the federal government. permit must use a by the City, or the (4) A manifest system consisting of a four-part trip ticket (Appendix III) is used to document the generation, transportation and disposal of all applicable liquid waste generated in the City and shall be used as follows: (a) The trip ticket books are purchased by the transporter from the City Department of Public Works for an established fee; (b) A transporter will complete one trip ticket for each location serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units shall be exempt from trip ticket requirements but shall be required to submit a monthly total of volume disposed and location of disposal to the City; (c) White copy of trip ticket signed by transporter and generator at time of waste collection and Yellow copy maintained by generator; (d) (e) White copy of trip ticket signed by disposer at time of disposal and Pink copy maintained by disposer; Green copy of trip ticket maintained by transporter; (f) Ail completed trip ticket books containing the White copy of the trip ticket will be delivered at least monthly by the transporter to the City Department of Public Works; (g) A copy of all trip tickets shall be maintained for a period of two (2) years. F. Accumulation of Liquid Waste A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control. G. Disposal of Liquid Waste (1) A person commits an offense if he unloads or offers for sale or exchanges liquid waste, except at a place permit- ted by the City, or the state, or the federal government. (2) A person discharges liquid sanitary sewer or system. commits an offense if he deposits or waste onto a street or into a storm or an area that drains into the storm sewer H. Responsibilities of Liquid Waste Generator (1) A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the City, and the liquid waste shall be transported to an approved site for disposal. (2) A generator of liquid waste shall not have hazardous waste or liquid waste in combination with hazardous waste removed from his premises by a liquid waste hauler operating under a City permit. (3) A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter, and the generator shall keep a copy of all trip tickets for a period of two (2) years. The City may inspect these records during normal business hours. (4) A generator shall: (a) Install or provide a collection device of a size and type specified by the City; (b) Maintain the collection device in continuous, proper operation; (c) Supervise proper cleaning of the collection device; (d) Report spills and accidents involving the collection device to the City within 24 hours; (e) Clean up all spills and accidents immediately and have material disposed of by a permitted transporter by proper means. I. Responsibilities of Liquid Waste Disposer (1) A liquid waste disposer commits an offense if he allows accumulation of liquid waste on his premises so that rainfall could carry the material to storm sewers or adjacent property or create a noxious odor or health hazard. (2) A liquid waste disposer shall: (a) (b) Obtain and maintain compliance with all licenses and/or permits required by local, state or federal law; Accept waste only from a permitted transporter; (c) Maintain trip ticket copies for a period of two (2) years; (d) Accept only those classes of waste authorized by license or permit; (e) Make available for inspection business hours. all records required to be kept by the City during normal J. Rules and Requlations The City may promulgate rules and regulations as may be necessary to carry out the provisions of this section and protect the public from health and safety hazards. The City may undertake immediate actions as may be necessary to protect the public from health and safety hazards. The City may amend any permit issued hereunder to ensure compliance with applicable laws and regulations. K. Denial, Suspension, and Revocation of Permit (1) The an applicant may suspend permittee: City may deny a permit if it is determined that is not qualified under A. of this section and or revoke a permit if it is determined that a (a) Is not qualified under Sec. A. of this section; (b) Has violated a provision of this section; (c) Has failed to pay a required fee; (d) Has failed to comply with maintenance or inspection requirements; (e) Has failed to deliver trip tickets to the City. (2) After suspension under this section, a permittee may file a request for reinstatement of the permit. When the City determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, it shall reinstate the permit. (3) The City may revoke for a period of one (1) year or less all permits held by a liquid waste transporter if the transporter or an employee of the transporter violates any of the provisions of this section, any rule or regulation promulgated by the City, or applicable provisions of state law. (4) A permittee whose permit is suspended or revoked shall not collect, transport, or dispose of any waste materials within the jurisdiction of the City. L. Appeal If the City denies the issuance of a permit, or revokes a permit, it shall send to the applicant, or permit holder, written notice of its action and the right to an appeal. The applicant, or permit holder, may appeal the decision of the City in the Municipal Court of the City. M. Responsibilities of Corporations or Associations In addition to prohibiting certain conduct by natural persons, it is the intent of this section to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting on behalf of a corpor- ation or association and within the scope of his office or employment. SECTION 2. Any person, operator, or owner who shall violate any provision of this ordinance, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed the sum of Two Thousand ($2000.00) Dollars, and each violation and each day a violation continues, shall constitute a separate offense and shall be punished accordingly. SECTION 3. Any person found to be guilty of violating provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned by the City for reason of appropriate clean-up and proper disposal of said waste materials. Additionally, an administrative fee equal to one-half (1/2) of assessed clean-up costs shall be levied by the City against the guilty person. SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the ordinance as a whole. SECTION 5. That all provisions of the ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all provisions of the ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This Ordinance shall take effect immediately from and after its passage and after publication of its caption, 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 November, 1988. iPR~0VED AS TO - CITY ATTORNEY 7 ORDINANCE NO. 88/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, FIXING THE 21ST DAY OF JANUARY, 1989, AS THE DATE FOR HOLDING A SPECIAL ELECTION FOR THE PURPOSE OF DETERMINING WHETHER OR NOT A HOME RULE CHARTER COMMISSION SHALL BE CHOSEN TO FRAME A HOME RULE CHARTER FOR THE CITY FOR THE PURPOSE OF ELECTING FIFTEEN (15) COMMISSIONERS TO SERVE AS MEMBERS OF THE CHARTER COMMISSION IN THE EVENT A MAJORITY OF THE QUALIFIED VOTERS SHALL VOTE IN THE AFFIRMATIVE ON THE QUESTION OF WHETHER A COMMISSION SHOULD BE CHOSEN; FIXING THE PROPOSITION TO BE SUBMITTED; DESIGNATING THE POLLING PLACE AND THE HOURS OF VOTING; PROVIDING FOR ELECTION OFFICIALS; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR NOTICE OF SUCH SPECIAL ELECTION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1 The Board of Commissioners of the City of University Park, Texas, hereby determines and declares that the City of University Park has a current resident population in excess of 5,000 persons. That accordingly the City of University Park is entitled to proceed with consideration of adoption of a municipal charter under the provisions of Article XI, Section 5, of the Texas Constitution, and under V.T.C.A., Local Government Code Section 9.001 et seq. SECTION 2 That in accordance with Section 9.002 of the Local Government Code, an election is hereby called to be held in the City on the 21st day of January, 1989, for the purpose of submitting to the qualified voters of the City the question of whether or not a commission shall be chosen to frame a Home Rule Charter for the City. SECTION 3 The proposition to be submitted to the voters shall be as follows: "Shall a commission be chosen to frame a new charter?" Answer: Yes No SECTION 4 There shall also be elected at said election fifteen commissioners to serve as members of the Charter Commission in the event a majority of the qualified voters voting on said question shall have voted in the affirmative. Prospec- tive candidates wishing to have their names placed on the official ballot for such office shall file with the Assistant City Clerk their written application prior to 5:00 p.m. on the 7th day of December, 1988. The fifteen candidates receiving the highest number of votes cast for said office shall be elected to serve on said Commission. SECTION 5 The polling place for ~said election shall be the University Park Fire Station, at 3800 University Boulevard. SECTION 6 The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the election. None but legally qualified voters of the City shall be entitled to vote at said election. Notice of said election shall be given by posting a copy of this Ordinance on the bulletin board in the City Hall used for posting notices of the meetings of the Board of Commissioners at least thirty (30) days prior to the election date and a copy of this Ordinance shall be published in the official newspaper of the City at least thirty (30) days prior to the date of said election. The Assistant City Clerk shall retain a copy of the published notice that contains the name of the newspaper and the date of publication and shall make a record at the time of posting the copy of this Ordinance, stating the date and place of posting, and shall sign such record and deliver it to the Board of Commissioners after the posting is made. Not later than the 7th day after the passage of this Ordinance, the Assistant City Clerk shall deliver to the presiding judge named hereafter a true copy of this Ordinance. DONALD E. MARQUIS is hereby appointed presiding election judge and ELIZABETH MARQUIS is hereby appointed alternate election judge to serve at such polling place. The presiding election judge shall appoint six election clerks to serve at such polling place. All judges and clerks shall be qualified voters of the City. SECTION 7 Absentee voting for the above designated election shall be held in the regular office of the Assistant City Clerk at the City Hall building and the place of absentee voting shall remain open for at least eight hours on each day of absentee voting which is not a Saturday, Sunday, or an official state holiday, beginning on the 20th and continuing through the 4th day preceding the date of said election. If the date for beginning is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day. Said place of voting shall remain open between the hours of 8:00 a.m. and 5:00 p.m. SECTION 8 After holding said election, the election judges shall promptly make their returns to the Assistant City Clerk and to the Mayor, and the Assistant City Clerk shall thereafter present such returns to the Board of Commissioners for the canvassing of said election. The presiding election judge shall be paid the sum of $5.00 per hour, plus an additional sum of $25.00 for his/her services in delivering the returns of the election. The alternate presiding election judge and the election clerks shall be paid the sum of $5.00 per hour each for their services in holding the election. Such payment shall not exceed the maximum amounts set out in Sections 32.091 and 32.092 of the Texas Election Code. SECTION 9 This Ordinance shall take effect immediately from and after its passage as the law in such cases provides. City 1988. ATTE PASSED AND APPROVED by the Board of Commissioners of the of University Park, Texas on the 15th day of November, MA~OR ORDINANCE NO. 88/7 (AMENDMENT NO. 4) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY (KNOWN AS ORDINANCE NO. 88/7 WHICH WAS ADOPTED ON FEBRUARY 16, 1988) BY AMENDING SECTION 20-300 (5) SPECIFIC REGULATIONS (PRESTON CENTER EAST) PROVIDING FOR THE 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, TX: SECTION 1. THAT, the comprehensive Zoning Ordinance of the City of University Park is hereby amended to read as follows: SEC. 20-300 (5) SPECIFIC REGULATIONS (PRESTON CENTER EAST) The maximum building height is seventy-five (75') feet. Where the building (Block E only) abuts a residential district the maximum height is twenty-five (25') feet. That portion of a building wall(s) facing a street which exceeds forty (40') feet in height shall be setback one (1') foot for each two (2') feet above forty (40') feet in height. 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 that the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas shall be punished by a fine not to exceed the sum of $2,000.00 for each offense, and each and every day any such violation continues, 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. PASSED AND APPROVED by the Board of Commissioners of the City of University Park, this the 6th day of December, 1988. ORDINANCE NO. 88/31 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 14 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. 14. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of University Park, Texas: SECTION I THAT, Supplement No. 14 (which contains all Ordinances through Ordinance No. 88/26 of October 4, 1988, and all Zoning Ordinance amendments through Ordinance No. 88/7 [Amendment No. 3] of July 5, 1988) is hereby adopted. SECTION II THAT, for Supplement No. 14 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 6th day of December, 1988. MA/fOR ORDINANCE NO. 89/1 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 5 (FIRE PROTECTION) BY ADDING A SECOND PARAGRAPH TO SECTION 17; AMENDING CHAPTER 6 (HEALTH AND SANITATION) BY ADDING SECTION 5; PROVIDING FOR A PENALTY OF FINE; 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), Section 17 be hereby amended to include a second paragraph, which said second paragraph shall read as follows: SECTION 17: WEEDS GRASS BRUSH 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 to allow or permit tree limbs, brush or other vegetation to grow within one foot (1') on either side of the alley pavement adjacent to private property. Limbs, brush and other vegetation existing above alleyways shall not be allowed to hang lower than eight feet (8') above the alley pavement. SECTION II. THAT, Chapter 6 (Health amended by adding Section 5, read as follows: and Sanitation) be hereby which said new section shall SECTION 5: ENVIRONMENTAL HEALTH OFFICER A. OFFICE CREATED There is hereby created the office of environmental health officer for the City. The environmental health officer shall be employed by and under the direction and control of the Director of Public Works, and shall have those duties and responsibilities as provided herein. B. DUTY TO INSPECT ALLEYWAYS The Environmental Health Officer shall have the responsibility of inspecting City of University Park right-of-ways and issuing citations to property owners to appear in city court for noncompliance with the following regulations. 1. Health and Sanitation regulations specified in Chapter 6 of the Code of Ordinances. Regulations prohibiting the disposal of garbage or trash in alleyways or on private property. Building regulations procedures. specifying house nnmbering Enforcement of other city ordinances as required by the Public Works Director. 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. THAT any person, firm or corporation violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be 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 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 3rd day of January, 1989. APPROVED: CITY ~GER-C / ~RDINANCE NO. 89/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A POLLING PLACE FOR MUNICIPAL ELECTIONS; REQUIRING THAT SUCH POLLING PLACE BE ACCESSIBLE TO AND USABLE BY THE ELDERLY AND PHYSICALLY HANDICAPPED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the present polling place of the City of University Park is inadequate to serve the needs of the voters of the City inasmuch as physical changes in the Fire Station building and doors would require the holding of elections in an unheated and unairconditioned area; and WHEREAS, by rederecting voters into another door of the City Hall, elections can be conducted in virtually the same place; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. The Board of Commissioners of the City of University Park hereby finds and determines that it is necessary to redesignate the polling place for the City of University Park to the City Hall to serve the voters of the City. SECTION 2. That the City Hall is a suitable public building available as a polling place for all municipal elections for qualified voters of the City. SECTION 3. Such polling place shall be accessible to and usable by the elderly and physically handicapped. To so qualify, the polling place shall meet the requirements of Section 43.034 of the Texas Election Code, as amended. Any improvements necessary to the City Hall of the City of University Park to comply with Section 43.034 of the Texas Election Code shall be made at the expense of the City of University Park. 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 7th day of February, 1989. APPROVED: CITY M~NAGER-CLEkK / / ORDINANCE NO. 89/3 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX, AMENDING THE REVISED CODE OF ORDINANCES, 1981, BY AMENDING CHAPTER 10, SECTION 25.A.(2); REQUIRING VISION AT ALL INTERSECTIONS OF AN ALLEY AND A STREET TO BE LEFT FREE OF ALL OBSTRUCTIONS FOR A DISTANCE OF FIFTEEN (15) FEET FROM THE INTERSEC- TING POINTS; REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 10, Section 25A(2) of the Revised Code of Ordinances, 1981, City of University Park, Texas, be, and the same is hereby, amended to read as follows: "CHAPTER 10, TRAFFIC CODE SECTION 25: OBSTRUCTIONS - MINIMUM SIGHT LINE STANDARDS (2) Vision at all intersections of an alley and a street shall be kept free of all obstructions for a distance of fifteen (15) feet from the intersecting points of the street and alley in both directions, left and right, as you enter the street from the alley." 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. 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 7th day of March, 1989. APPROVED: ORDINANCE NO. 89/4 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. to read as follows: 83/41, Section 4. be hereby amended 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 Darrell M. Lafitte Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones S. Louis Moore, Jr. That 1988. the SECTION II appointment is effective as of November 15, PASSED AND APPROVED this the 7th day of March, 1989. ORDINANCE NOo 89/5 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. to read as follows: 85/24, Section 4. be hereby amended 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 Darrell M. Lafitte Alex Bul Martin C. Cude, Jr. Trevor W. Rees-Jones S. Louis Moore, Jr. That 1988. the SECTION II appointment is effective as of November 15, PASSED AND APPROVED this the 7th day of March, 1989. CITY ~AGER-CLERK / ORDINANCE NO. 89/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11 BY AMENDING SECTION 2, SUBSEC- TION E.(1), MONTHLY STATEMENTS; BY AMENDING SECTION 3, SUBSECTIONS A, B, AND C, WATER SERVICE CHARGES, AND BY ADDING SUBSECTION D.,SURCHARGE; BY AMENDING SECTION 4, SUBSECTION A. (1) (e), SEWER SERVICE CHARGES, OF THE CODE OF ORDINANCES OF THE CITY; PROVIDING FOR A PENALTY OF FINE; 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 2, Subsection E.(1) of the Code of Ordinances of the City of University Park is hereby amended to read as follows: E. MONTHLY STATEMENTS (1) It shall be the duty of the manager of the utility office to mail monthly statements to all consumers showing the amount of charge under this chapter for water, sewer, and garbage collecion service for the approximate thirty (30) day period prior to the mailing of such statements. Such statements may be mailed in two (2) cycles. One (1) cycle to be mailed as near the first of the month as practicable. The second to be mailed as near the fifteenth (15th) of the month as practicable. Consumers will have fifteen (15) days from the date of mailing of the statement to pay the amount of such statement without penalty. After the fifteen (15) day period, a ten percent (10%) penalty shall be added on both the water, sewer, and garbage collection services. The manager of the utility office may waive such penalty for good and sufficient cause; however, only one (1) penalty may be waived during a twelve (12) month billing period. SECTION II. THAT Chapter 11, Section 3, Subsections A. B. and C. are hereby amended, and Subsection D. is hereby added, which such subsections shall 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 1½" meter ................. (4) For a 2" meter .................. (5) For a 3" meter .................. (6) For a 4" meter .................. (7) For a portable meter ............ 6.55 6.90 8.95 11.15 13.25 21.85 100.00 Each consumer served during the month shall be entitled to the use of two thousand (2,000) gallons of water paid under the minimum rates hereinabove specified. In any Ce De billing period, where the water consumed is in excess of the minimum, the rate shall be one dollar and seventy- five cents ($1.75) per thousand or any portion thereof, except the rate to be charged to Southern Methodist University shall be one dollar and seventy-five cents ($1.75) per thousand (1,000) gallons of water used. Any duplex or multi-family dwelling which is served by a single water meter shall be billed a minimum charge for each unit, occupied or vacant. All single family units shall pay a minimum charge for each meter but such minimum shall provide for a usage of 2,000 gallons per meter. Conservation Surcharge (June-November Billings). During the six summer months, each water meter, except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consump- tion in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/conservation charge for all consumption in excess of 8.2 million gallons. The surcharge rate shall be fifty-five cents ($.55) per thousand (1,000) gallons for all excess consumption. SECTION III. THAT Chapter 11, Section 4.A.(1)(e) is hereby amended to read as follows: SECTION 4: SEWER SERVICE CHARGES (e) Any water used in excess of two thousand (2,000) gallons per month shall be billed at one dollar and fifty-six cents ($1.56) per thousand gallons-per- month per unit for the sewer fee. SECTION IV. 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 V. THAT Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION VI. THAT this ordinance shall take effect immediately after its second reading on April 4, 1989, 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 April, 1989. APPROVED: ii~~'i'~ /' //;2 ORDINANCE NO. 89/7 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 2, SECTION 8.K.(5), PROVIDING FOR AN INCREASE OF ANIMAL IMPOUND- MENT FEES; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 2, Section 8.K. Subsection (5) of the Code of Ordinances be hereby amended to read as follows: K. IMPOUNDMENT (5) IMPOUNDMENT FEES The City Manager-Clerk or his designee shall collect a fee of thirty dollars ($30.00) for the impoundment of any animal prior to the release of such animal, if such animal has been impounded for a period of less than seventy-two (72) hours, and an additional fee of ten dollars ($10.00) per day if such impoundment is for a period in excess of seventy-two (72) hours. If the animal has been impounded for observation for rabies and held for ten (10) days, the City shall collect a fee of one hundred twenty-five dollars ($125.00), and an additional fee of ten dollars ($10.00) per day if such impoundment is for a period in excess of ten (10) days. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, shall apply. PASSED AND APPROVED this the 4th day of April,~ 1989. CITY MANAGER- CLERK / ORDINANCE NO. 89/8 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 4, SECTION 3.J.(1), PROVIDING FOR A LESSER NUMBER OF FREE OF CHARGE FALSE ALARM NOTIFICATIONS. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Chapter 4, Section 3.J. Subsection (1) of the Code of Ordinances is hereby amended which shall read as follows: J. FEES FOR FALSE ALARM NOTIFICATION (1) The permit holder shall pay a fee of twenty-five dollars ($25.00) for each false alarm notification, other than a false fire alarm notification, except as follows: For alarm systems in existence and use at the time of the issuance of a permit, no fee shall be assessed for the first three (3) false alarm notifications received during any calendar year. For alarm systems which were not in existence and use at the time of the issuance of a permit, no fee shall be assessed for false alarm notifications received during the first thirty (30) days of the operation of the system, and the first three (3) false alarm notifications received during any calendar year. SECTION II THAT, Chapter 1, Section 5, General Penalty, and Section 6, Severability of Parts, shall apply. PASSED AND APPROVED this the 4th day of April, 1989. CITY MANAGER-CL RK/ / ORDINANCE NO. 89/9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 4.A., SUBSEC% ONS (2) AND (3), TO INCREASE SEWER 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 4.A., Subsections (2) and (3), be hereby amended to read as follows: SECTION 4: SEWER SERVICE CHARGES A. The following sewer established: (2) For each business any nature, plus schools and churches: service charges are hereby or 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 fifty-six cents ($1.56) 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 fifty-six cents ($1.56) 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 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 V. THAT Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION VI. THAT this ordinance shall take effect immediately after its passage and the publication of the caption as the law in such cases provides. of on the 19th day of April, 1989. AT ' // MI / / Z/_ CITY M~AGER-CLER~K / DULY PASSED AND APPROVED by the Board of Commissioners the City of University Park, Texas, at its special meeting ORDINANCE NO. 89/10 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 1 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADOPTING THE UNIFORM BUILDING CODE,1988 EDITION, AND THE UNIFORM BUILDING CODE STANDARDS,1988 EDITION, INCLUDING AMENDMENTS 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 Building Code, 1988 Edition and the Uniform Building Code Standards, 1988 Edition, are herewith adopted by reference. Three copies of each are to remain on file in the building department office. Unless deleted, amended, expanded, or otherwise changed herein, all provisions of such code and standards shall be fully applicable and binding and in full force and effect. Such adoption shall also include Chapters 1, 7, 11, 12, 23, 32, 35, 38, 49, 51, 55, 57, and 70 of the appendix of such code. Reference in this Chapter 3, Section 1 of the Uniform Building Code shall mean the Uniform Building Code 1988 edition. B. VARIANCES FROM THE BUILDING CODE Any requirements considered necessary for the safety, strength or stability of any existing or proposed building or structure, or for the safety or health of the occupants thereof, which varies from the provisions of the Uniform Building Code, or any amendments, specifically covered by the Uniform Building Code, or any amendments, specifications or revisions thereto, shall be determined by the building official subject to the Board of Commissioners. C. AMENDMENTS TO THE BUILDING CODE The sections and provisions of the 1988 Uniform Building Code that are changed, added or deleted are as follows: (1) Section 104 (e) Shall read as follows: Section 104 (e) - Buildings or structures moved within or moved out of the city shall comply with the provisions of Chapter 3, Section 17 of the Code of Ordinances. Buildings to be moved into the city from outside the city limits must be approved by the Board of Commissioners. (2) Section 301 (a) is amended to read as follows: Section 301 (a) Permits Required - It shall be unlawful for any person, firm, corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this Code without first obtaining a permit. (3) Section 301 (b) Numbers one (1) through eleven (11) are hereby deleted. (4) Section 303 (d) is amended to read as follows: Section 303 (d) Expiration - Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 60 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work commenced for a period of 60 days. For residential construction, all work commenced under a building permit shall be completed within twelve (12) months. Residential shall mean all group R occupancies. All other construction 10,000 square feet or less shall be completed within twelve (12) months. Construction 10,001 square feet and greater, multistory, or construction with basements shall be completed within twenty four (24) months. Before such work can be recommenced or any additional work done, a new permit shall be first obtained and the fee shall be one half the amount required for the original permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded 60 days. In order to renew action on a permit after expiration, the permittee shall make a new application, resubmit plans for review and pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time 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 for good and satisfactory reasons, the building official may extend the time for action or completion by the permittee for a period not exceeding 60 or 180 days respectively upon written request by the permittee showing the circumstances beyond the control of the permittee have prevented action or completion of the work. No permit shall be extended more than once. (5) Section 304 (d) Expiration of Plan Review - Shall be amended to replace the term "180 days" with the term "60 days" in the entire subsection. (6) Table No. 3-A Building Permits and Fees is to be deleted. (7) Section 308 Building Permits and Fees is hereby added as follows: (a) Any person, persons, firm, association, contractor, company, corporation or any other entity desiring to make additions to and/or to erect, construct, repair, remodel, alter, demolish, convert or otherwise change the character and/or configuration of improvements or property 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 preforming these services other than the property owner or resident to obtain this permit except in those cases, the property owner is functioning as his own contractor, in which case, the property owner shall obtain the permit. In any event, it shall be the responsibility of all agencies performing these services to determine if a permit has been obtained for the work under construction before work is begun and said agency shall be held sole liable and responsible and not the property owner if work is started without a permit. (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 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, electrical, mechanical devices, equipment, materials and labor. The fee for a building permit will be based on the building area for new construction and on the valuation for additions, alterations and repairs as specified in the following table: Fee for New Construction: Type Occupancy Building Area Square Feet Building Permit Fees Residential 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 2250 2251 - 2500 2501 - 3000 3001 - 3500 3501 - 4000 4001 - 4500 4501 or greater 800.00 1000.00 1200.00 1400.00 1600.00 1800.00 2000.00 2400.00 2800.00 3200.00 3600.00 .80 per sqft Nonresidential 0 - 350,000 350,000 - 1,000,000 1,000,000 or greater 1% of value 3500.00 +.75% of value over $ 350,000.00 4875.00 + .5% of value over $ 1,000,000.00 Fee for Addition, Alteration and Repairs Type Occupancy Ail Valuation 0 - 500 501 - 1000 1001 - 2500 2501 - 5000 5001 or greater Building Permit Fee 20.00 30.00 40.00 50.00 1% of value (c) For fee calculation purposes, the building area is the total floor area of all stories devoted to human occupancy, including halls, stairways, elevators and other uses, measured to the outside faces of exterior walls and includes: (i) Total area under the roof and enclosed by walls. Excluding garages, carports, porches, patios and other roofed areas with omitted exterior walls. (ii) One half (1/2) of the area of the garage, carport, porch, patio and other roofed areas with omitted exterior walls. The sum of the above areas constitute the building area for permit evaluation and must be stated on the permit application. (d) During construction, all projects covered by a building permit shall have sanitation facilities (8) located either in a building or in the rear yard. Portable toilets shall not be located in any required front or side yard set back. Also, all debris, including concrete, brick, lumber, building materials, paper, cups and sacks shall be properly disposed of on a daily basis, on major remodels and on new construction a minimum 15 yard commercial trash container shall be provided and emptied as needed. Large pieces of lumber or building material shall be stacked neatly where not obtrusive to the neighbors. Ail violations as to the starting of construction, duration of construction, littering, dirty job site, failure to provide and maintain proper construction fence or sanitation requirements can be prosecuted by stoppage of all work on the building site and/or cancellation of the building permit and/or declaring the same a nuisance and abatement thereof, either singly or as a group. If the cancelation of a permit is due to the 60 day starting period and if such starting failure is due to circumstances beyond the control of the permittee, the building official may refund such permit fee as under Section 304 (f). Section 309 is hereby added to read as follows: Section 309 Revised Valuation of Building Improvements Upon Completion - After any improvement for which a building permit is required has been completed, it shall be the duty of the owner of the property on which the improvements have been made, or his duly authorized agent, to make a affidavit stating within five percent (5%) of the actual cost of such improvements, and such affidavit shall be filed with the city; whereupon such building permit fee will be recalculated by the building official in accordance with the schedule of fees set out in Section 308, and based upon the actual cost as set out in such affidavit. If the amount of the permit fee paid at the time of taking out the building permit is less than the amount based upon the actual cost, then such difference in such amounts must be paid to the city, before a Certificate of Occupancy will be issued to the owner of such property. In the event the amount paid to the city upon taking out the building permit is found greater than the amount required as based upon such affidavit of actual cost, then the city will refund the difference. (9) Section 310 shall be added to read as follows: Section 310 Deposit Required for the Removal of Construction Debris. (a) 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. Any building permit of a value in excess of five thousand dollars ($5,000.00) shall have a minimum deposit of five hundred dollars ($500.00). The city shall have the right to remove any construction debris or trash from the construction site or adjacent property if such debris is the result of construction on the permitted property. Debris and trash shall include but not be limited to paper, sand, bricks, dirt, wood, mud or other material used in construction which is not stacked or in a container or which blocks any sidewalk or violates any adjacent property rights. After a one-day notice, the city may hire a contractor to clean the site or do so with city crews. The actual cost shall be deducted from the deposit until the deposit is exhausted. If replacement money is not immediately forthcoming from the permittee and if the deposit is not fully replenished to its original amount, then the building permit and work shall cease. Any remaining portion of the deposit, after all final inspections are complete, shall be returned to the applicant within fifteen days if the site is clean of trash, debris, and dirt on the site and adjacent properties. When the value of the permit exceeds five thousand dollars ($ 5,000.00), the building official may request a higher deposit commensurate with any possible clean up costs for such a construction projects. (b) any dispute over the clean up costs, if done by the city, shall be settled by the Board of Commissioners. (11) Section 311 shall be added as follows: Section 311 Construction Fence - A fence is required around all residential new construction sites and around those residential sites where major remodeling, in the opinion of the building official, will take place. There shall be a temporary fence around each individual construction site. The fenced in area shall include the front yard from property line to property line, then on each adjoining property line the fence shall extend from the front to the rear property line. The erection of a fence at the rear property line shall be left to the discretion of the building official. In any district where on the determination of the building official a solid fence would insure the safety of the public, a solid fence shall be required. The front fence shall have a double gate large enough for delivery of construction materials to the site. The gates can swing either direction, however, when open toward the street, the sidewalk shall not be blocked. The double gate shall be locked when the daily activities are shut down. (12) Insert Table 5-Cl of the Fire Code to follow Table 5-C. (13) Section 1717 shall added as follows: Section 1717, Requirement for the Use of Fire Retardant Treated Lumber and Building Materials. Wood, wood products or other materials not normally classed as fire retardant or fire resistant shall not be used in the construction or finish of any occupancy other than group R occupancies. Exceptions for group A, B, E and I occupancies. (1) Wood used for window casing, rail and other corridors. the interior trim, door casing, base board, crown molding, chair similar appurtenances not in rated (2) Wood Paneling not greater than 1/4 inch applied to one hour fire resistive construction. (3) Wood cabinets, paneling greater than 1/4 inch and other fixtures not defined as trim in areas fully protected by an approved automatic fire extinguishing system and not in a rated corridor. (14) Section 1718 shall added as follows: Section 1718, Fireplaces to be Repaired or Reconstructed When Permit Exceeds 25% of Value. It shall be required that as a condition for the granting of a permit to alter, add to and/or repair an existing structure exceeding twenty five percent (25%) of its value, that all wood burning fireplaces be repaired or reconstructed as outlined in Section 3707 of the Uniform Building use as a fireplace. that all chimneys of chimneys of all new sparks and shall be with a grid opening Code or sealed off to prevent its In addition, it shall be required such existing fireplaces and the fireplaces shall not emit visible capped with metal hardware cloth not exceeding three eighths inch (3/8) or other suitable material to prevent any sparks, glowing embers or other flame producing emissions from being discharged from the chimney during its operation. Further, unsupported chimneys exceeding a height of ten (10) times the minimum dimension of the chimney above the structure attachment point, must be wind braced to the major structure by two (2) or more steel stay rods, one half inch (1/2) or more in cross-section. One (1) end of which to be anchored firmly to the chimney and the other attached by bolts to the primary framework of the building. (15) Section 1719 shall be added as follows: Section 1719, Requirements - buildings shall specifications for with the following: General Residential Construction Hereafter, no residential building or be constructed in the city unless the such building or buildings comply (a) Ail buildings hereafter constructed for residential purposes shall conform with all the requirements of the current zoning ordinance of the city and shall be constructed on permanent foundations. (b) Ail residential structures hereafter constructed or converted in all districts, as two-family, single family attached or multifamily 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 constructed in its entirety of either brick, concrete, masonry or other similar noncombustible materials approved in advance by the building official, and shall contain no attachments nor be used as a load bearing structure for floor joists, ceiling joists or rafters. The construction of such wall shall meet the requirements of Tables No. 43-A, 43-B and 43-C of this Code and shall extend from the foundation to a point at least thirty inches (30) above the roof in accordance with Section 505 (d) of this Code. In addition, in those configurations of two family and multifamily dwellings in which one (1) occupancy is above another, then there shall be installed a floor ceiling assembly of a two (2) hour fire rating. In multifamily units in excess of five (5), the building official shall determine the type of protection necessary to facilitate the same degree of fire security and sound barrier as required in units of five (5) or less. (c) Ail residential buildings in the zoning districts, single family attached (SF-A), duplex (D-l, D-2) and multifamily (MF-1, MF-2 and MF-3) shall have a minimum of eighty percent (80%) masonry material with the minimum thickness of four (4) inches, on the exterior wall surfaces, excluding windows, doors and other appurtenances Accessory buildings shall not be subject to such provisions. (d) Ail residential structures shall have roofing material rated as class C fire rating. (16) Section 1720 shall be added as follows: Section 1720, Requirement for the Repair or Replacement of Detached Structures. (a) it shall be required that as a condition for the granting of a building permit to repair, remodel, enlarge, alter, renovate, demolish and/or construct a residential building any and all detached structures sharing the same lot as the main structure shall , in like manner, be repaired, replaced, restored or demolished to conform with Section 2 of this Chapter, or with applicable building, mechanical, electrical and plumbing codes. Such requirements for the detached structure shall apply when, in the opinion of the city, the detached structure is in a state of disrepair, represents a health or safety hazard, or is a discredit to the community, or when the estimated or readjusted cost of said improvements to the residence or main building is in the amount of five thousand dollars ($5,000.00) or more or when such efforts involve or consist of structural alterations, reconstruction, addition, enlargement and/or replacement of the main building. (b) In order to assure compliance with this provision, the building official shall make an inspection of the premises before the building permit is released or the working 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 work authorized. Final inspection and release of the work on the main building shall not be made until all requirements of this section for detached structures are met. (17) Section 2901 shall read as follows: Section 2901, Scope - This chapter sets forth requirements for excavation and fills for any building or structure and for foundations and retaining structures. (a) Foundations for group R-3 occupancies shall be concrete pile and beam as set forth in this chapter. (18) Section 2903 (c) shall be added as follows: Section 2903 (c), Trench Safety - On all construction projects, public or private, within the boundaries of the city, the bid document and the contract shall contain: (1) detailed plans and specifications for adequate safety systems that meet OSHA standards, and (2) a pay item for those safety systems. Also all trenching and excavations shall meet the requirements as set forth in OSHA 2226. (19) Section 2905 (f) shall be amended as follows: Section 2905 (f), Drainaqe and Control of Runoff Water. (a) Provisions shall be made for the control and drainage of surface water around buildings. Runoff water from rain and storms shall not be allowed to inundate or flood adjacent property providing if such flooding is the result of grading, drainage ditches, retaining walls or other surface altera- tions 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 runoff water from unguttered roof, 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 runoff water shall be conveyed to the street in properly sized pipes connected to the downspout. Where natural grade prohibits the proper fall to the street the building official may give prior approval of discharge to the alley. (c) It shall be required as a condition for granting a 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 (±) SF-1, SF-2, SF-3, SF-4 0 - 6000 sqft 6000 - 7500 7501 - 10000 10001 - 12000 12001 - 35000 35001 and greater 3,600 sqft 60% 52% or 4500 sqft whichever is greater 48% or 5200 sqft whichever is greater 40% or 5760 sqft whichever is greater 35% or 14000 sqft whichever is greater (ii) SF-A, D-i, D-2, MF-1, MF-2, MF-3 63% (iii) Ail others 90% (iv) An option of perforated material. available for compliance is the utilization paving stone, gravel or other permeable Storage tanks for runoff water and/or other on site storage facilities are no longer authorized options. Property owners with existing tanks or storage facilities which do not function properly shall be assessed the monthly fee described below. (v) In lieu of the option available in paragraph (iv), a monthly drainage fee may be paid. If the amount of impervious area exceeds that allowed in paragraph (i) above, the monthly drainage fee shall be calculated as follows: 6000 sqft 3600 sqft $ 4.50 $ 22.50 Unit or Standard Lot Size Unit Impervious Area Minimum Monthly Fee (Any District) Maximum Monthly Fee (Any District) Drainage Factor (D.F.) Single Family = Basic Unit District Coefficient (D.F.) Single Family SF-A, D-i, D-2, MF-1, MF-2, MF-3 Ail Others 0.4/0.4 1.0 0.6/0.4 1.5 0.9/0.4 2.25 Formula for Monthly Fee Imp. Area (sqft) 3600 X Lot size (sqft) 6000 X D.F. X $ 4.50 In all month. calculations, the fee shall not exceed $ 22.50 per (vi) Ail funds collected from drainage fees shall be set aside in a special fund to be used only for drainage related improvements. (20) Section 3801 (d) shall be added as follows: Section 3801 (d), Standards - Fire-extinguishing systems shall comply with the 1987 edition of NFPA 13. Exception: Automatic fire-extinguishing systems not covered by NFPA 13 shall be installed in accordance with the Fire Code. (21) Section 3802 (i) shall be added as follows: Section 3802 (i), Backflow Prevention. Automatic fire-extinguishing systems connected to the potable water system shall have installed an approved backflow prevention devise between the water system and the fire-extinguishing system. (22) Section 3808 shall be added as follows: Section 3808, Registration of License. (a) It shall be required that any person making application for a permit be license by the Texas Board of Insurance and that license be registered with the City. To obtain a registration, the applicant shall first file an application for registration therefor in writing on a form furnished by the building department for that purpose. Every such application shall: 1. Be fully completed. 2. List all names and titles of authorized agents. 3. Be accompanied by a copy of current state issued license and a copy of general liability insurance. 4. Be accompanied by the fee set forth below. (b) Registration Fees. license shall be Contractor. The fee for registration of a $25.00 For Fire Sprinkler (c) Suspension and Revocation. The building official may, in writing, suspend or revoke a registration under the provisions of this Code whenever the registration was issued in error or on the basis of incorrect information supplied or the registrant is unwilling to comply with the provisions of this Code. Appeals of the suspension or revocation shall be heard by the Board of Appeals. (23) Section 7002 (a) shall be added as follows: Section 7002 (a) - Ail work requiring grading shall comply to this chapter. Where demolition or removal of any structure is done the lot shall be completely cleaned of all structures and appurtenances and also be properly graded so as to insure proper drainage of the entire lot including proper leveling to insure the site is not objectionable to the neighbors or others. (24) Delete Tables 70-A and 70-B of appendix Chapter 70. II. THAT, Section 6 shall apply. Chapter 1, Section 5 (Penalty for Violation) and (Severability of Parts) of the Code of Ordinances PASSED AND APPROVED this the 2nd day of May, 1989. ATTEST: CITY MA~ AGER-CLRRK ,/ ORDINANCE NO 89/11 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 12 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADOPTING THE UNIFORM PLUMBING CODE, 1988 EDITION, AS THE GENERAL STANDARDS FOR PLUMBING INSTALLATION AND EQUIPMENT; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: THAT, Chapter 3, Section 12 of the Code of Ordinances is hereby amended to read as follows: SECTION 12: PLUMBING CODE 1988 UNIFORM PLUMBING CODE ADOPTED The 1988 edition of the Uniform Plumbing Code and all the subsequent and future editions, revisions, supplements, or standards thereto, together with certain exceptions, deletions, or additions to said code as herein follows is hereby reference and made part of this section as the general standard for plumbing installation and equipment as in set forth herein, except such provisions thereof as may conflict with this code or other ordinances of the City. A copy of the 1988 Uniform Plumbing Code, referred to herein, is on file in the Building Department for the reference and inspection and the same is hereby adopted and made a part of this section to same extent as if set out herein in full. CONFORMANCE STANDARDS (1) (2) Ail plumbing equipment installed or used in the City and all installations of plumbing equipment shall be reasonably safe to persons and property and shall be in conformity with the standards provided in the 1988 Uniform Plumbing Code and applicable state statutes and any rules and regulations issued by authority thereof. Conformity of plumbing equipment with the 1988 Uniform Plumbing Code and future and subsequent editions of said code, as herein set forth, shall be prima facie evidence that such equipment is reasonably safe to persons and property. Conformity of plumbing installations with the applicable standards set forth in the 1988 Uniform Plumbing Code and subsequent and future editions of said code, as set forth herein, shall be prima facie evidence that such installations are reasonably safe to persons and property. (3) On all plumbing installations hereafter made and all existing installations which are altered, all work shall be done in a manner that will conform with the requirements for a sufficient and safe plumbing system. Repair and maintenance work shall be such that, if any plumbing equipment is removed or later replaced, they shall be replaced in a manner which conforms with this section. Installations or work done in conformance with the 1988 Uniform Plumbing Code and all subsequent and future editions of said code, as herein noted, shall be considered as fully complying with the requirements of this section. C. AMENDMENTS TO PLUMBING CODE The sections of the 1988 edition of the Uniform Plumbing Code that are amended, added or deleted are as follows: (1) Section 10.1, Title This ordinance shall be Plumbing Code" and will herein. known as the "University Park be referred to as "this Code" Section 10.4, Subsection (c) shall be added as follows: (2) Section 10.4, Existing Installations 10.4 (c), Moved or Demolished Buildings/Abandoned Services. Sewer services which are a part of buildings or structures which are demolished or which are abandoned or the use thereof discontinued, Shall be capped off as required in Chapter 11, Section 6,N. All sewer lines construction and all relay, replaced, or relocated sewer lines constituting or involving fifty percent (50%) or more of the total building sewer shall require a new sewer tap as denoted in Chapter 11, Section 6,K, and 6,L. Water services which are part of buildings or structures which are demolished or which are moved within or out of the City or water services which are abandoned or the use thereof discontinued shall be capped off and the meter returned to the City shops. However, to provide water service for new construction, existing water services may be retained for the duration of the construction providing application is made for such service prior to the use of such water as prescribed in Chapter 11, Section 2,A. Upon completion of such construction, the water services for new and moved buildings or structures shall require a new meter and a new tap. Section 20.7, the fifth, sixth, seventh paragraphs and the Schedule of Fees shall be amended to read as follows: (3) Section 20.7, Cost of Permit The fee for each plumbing permit shall be set forth as follows: (a) Fees for New Construction Type of Building Area Permit Occupancy Square Feet Fee Residential 1000 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or more $ 20.00 35.00 50.00 65.00 95.00 110.00 120.00 Nonresidential 0 - 250 251 - 500 501 - 100,000 100,001 or more 10.00 20.00 20.00 + .02/sqft 500.00 + .015/sqft (b) Fees for Additions, Alterations and Repairs Type of Occupancy Valuation Permit Fee $ 10.00 3% of valuation 15.00 + 2% of val. 45.00 + 1% of val. 95.00 + .5% of val. Ail 0 - 500 501 - 1500 1501 - 3000 3001 - 10,000 10,001 or more (c) For fee calculation purposes, the building area is the total floor area of all stories devoted to human occupancy, including halls, stairways, elevators and other uses, measured to the outside faces of exterior walls and includes total area under roof and enclosed by walls (excluding garages, carports, porches, patios and other roofed areas with omitted exterior walls), and one-half (1/2) of the garage, carport, porches, patio and other roofed areas with omitted walls. The sum of the above areas constitutes the building area for the permit evaluation and must be stated on the permit application. Section 20.15 shall be added as follows: (4) Section 20.17, Registration of License It shall be required that any person making application for a permit be licensed as a master plumber by the Texas State Board of Plumbing Examiners and that license be registered with the Administrative Authority. To obtain registration, the applicant shall first file an application for registration therefore in writing on a form furnished by the Administrative Authority for that purpose. Every such application shall: (a) Be completely filled out. (b) List all the names and titles of authorized agents. (c) Be accompanied by copy of the current state issued license and a copy of general liability insurance. (d) Be accompanied by the fee set forth in 20.16. Exception. A homeowner/occupant may apply for and receive a permit to install plumbing in a single family residence provided: (a) The homeowner/occupant does not employ outside assistance. (b) Proper permit fees are paid. (c) All other provisions of this Code are met. Section 20.16 shall be added as follows: (5) Section 20.16~ Registration Fees The fee for registration of a $25.00 for Master/Contractor license shall be: Section 20.17 shall be added as follows: (6) Section 20.17, Suspension and Revocation The Administrative Authority may, in writing, suspend or revoke a registration under the provisions of this Code whenever the registration was issued in error or on the basis of incorrect information supplied or the registrant is unwilling to comply with the provisions of this Code. Appeals of the suspension or revocation shall be heard by the Board of Appeals. Section 303 (a) shall read as follows: (7) Section 303, Sewer Required Every building in which plumbing fixtures are installed shall have a connection to a public sewer. All connections to the public sewer shall be inspected by the administrative authority before covering. Section 304 (b) shall read as follows: (8) Section 304, Damage to Drainage System or Public Sewer (b) Inflows or infiltration from, but not limited to, roofs, inner courts, vent shafts, light wells, ground water, storm water, subsurface drainage, downspouts, yard drains, fountains, ponds, lawn irrigators, sump pumps or similar areas having rain water drainage, shall discharge to the outside of the building and shall not be connected to the drainage system in any manner. Section 319 shall read as follows: (9) Section 319, Maintenance The plumbing and drainage systems of any premises under the jurisdiction of the administrative authority shall be maintained in a sanitary and safe condition by the owner or his agent. Any plumbing found to be in substandard condition according to this code shall be in violation. The administrative authority may require the owner or his agent, as a precondition of continued service to repair or replace any and all substandard plumbing. Section 406, Subsections (1) and (m) shall be added as follows: (10) Section 406, Cleanouts (1) An approved type of double cleanout shall be required at the lowest point of the building sewer, between the building sewer and the sewer tap. (m) An approve type of double cleanout shall be required at the lowest point of the building drain, between the building drain and the building sewer. Exception: An approved double cleanout shall only be required at the lowest point of the building sewer provided: (a) There is a twenty two and one half (22 1/2) degree or less change of direction in the building sewer. (b) The building sewer is twenty five (25) feet or less in developed length. Section 1004 shall read as follows: (11) Section 1004~ Materials (a) Water pipe and fittings shall be of brass or copper. Ail materials used in the water supply system, valves and similar devices shall be of like materials, except where otherwise approved by the Administrative Authority. (b) Piping and tubing which has previously been used for any purpose shall not be used. (c) In no case shall galvanized wrought iron, cast iron, galvanized malleable iron, galvanized steel, asbestos cement, polybutylene (PB), polyethylene (PE), poly vinyl chloride (PVC) or chlorinated poly vinyl chloride (CPVC) be acceptable as potable water piping. Exceptions: (a) Because all water piping shall be of like material, the replacement of galvanized wrought iron, or galvanized steel be first approved by the Administrative Authority. (b) Polybutylene (PB) or poly vinyl chloride (PVC) may be used in fire or lawn sprinkler systems when separated by an approved backflow preventer. (12) Section 1007e, Pressure Regulators and Pressure Relief Valves. In subsection (e) delete the words "galvanized steel","CPVC" and "PB" from this paragraph. Section 1008, Subsection (g) shall be added as follows: (13) Section 1008 Installation, Inspection and Testing (g) Water, condensate, drain, soil, or waste pipes located in areas or portions of a structure exposing such pipes to freezing temperatures, such as but not limited to exterior walls, attics, floors, crawl spaces and basements which also includes outlets from water meters, stub-up pipes from the ground, exterior hydrants, bibs, and atmospheric or vacuum breakers shall be wrapped or encased in a suitable insulation material to prevent such pipe or fixture from freezing. Section 1107, Subsection (g) shall be added as follows: (14) Section 1107, Cleanouts (g) An approved double cleanout shall be required at the lowest end of the building sewer. Section 1213, Subsections (d) and (g) shall read as follows: (15) Section 1213, Installation of Gas Piping (d) (g) Section follows: Ferrous exterior corrosion materials. have at cover or gas piping installed underground in locations shall be protected from by approved coatings or wrapping All horizontal metallic piping shall least twelve (12) inches (.3 m) of earth other equivalent protection. Plastic gas piping shall have at least eighteen (18) inches (.5 m) of earth cover or other equivalent protection. Risers shall be metallic and shall be wrapped to a point at least six (6) inches (152.4 mm) above grade. All gas piping installed below grade shall be separated from other underground services by a minimum of 3 feet, unless otherwise approved by the Administrative Authority. An approved accessible shut off valve shall be located at the point of entrance of the gas service to the building. 1306, Subsections (c), (d) and (e) shall be added as (16) Section 1306, Oil Burning And Other Water Heaters (c) Equipment regulated by this Code requiring electrical connections of more than 50 volts shall have a positive means of disconnect adjacent to and in sight of the equipment being serviced. (d) A one hundred twenty (120) volt receptacle shall be located within twenty five (25) feet of the equipment. (e) A light shall be located near the controlling devices of the equipment with adequate lighting through the access passage. A toggle type switch controlling such lighting shall be located adjacent to the access opening. Section 1309 shall read as follows: (17) Section 1309, Prohibited Locations No water heater which depends on the combustion of fuel for heat shall be installed in any room used for sleeping purposes, bathroom, clothes closet, or in any closet or other confined space opening into any bathroom or bedroom. Any doorway which opens into any habitable space from an attic area containing a fuel burning appliance shall be gasketed on all sides. Water heaters shall stairways or landings. not be located under required II. THAT, Section 6 shall apply. Chapter 1, Section 5 (Penalty for Violation) and (Severability of Parts) of the Code of Ordinances PASSED AND APPROVED this the 2nd day of May, 1989. ATTEST: CITY MAnAGER-CLERK ~ / ORDINANCE NO. 89/12 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3, SECTION 11 OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TEXAS, BY ADOPTING THE UNIFORM MECHANICAL CODE,1988 EDITION AND ITS AMEND- MENTS, AS THE GENERAL STANDARDS FOR INSTALLATION OF MECHANICAL EQUIPMENT; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: I. THAT, Chapter 3, section 11 of the Code of Ordinances is hereby amended to read as follows: SECTION 11: MECHANICAL CODE A. 1988 UNIFORM MECHANICAL CODE ADOPTED The 1988 Edition of the Uniform Mechanical Code is here by adopted by reference and made part of this section as the general standards for mechanical construction, repair, and equipment as is set forth herein, except such provisions thereof as may be in conflict with this code or other ordinances of the City. A copy of the 1988 Uniform Mechanical Code, herein is on file in the office of the Building Department for reference and inspection and the same is hereby adopted and made part of this section to the same extent as if set out herein in full. B. CONFORMANCE STANDARDS (1) Ail mechanical equipment installed or used in the city and all installations of mechanical equipment shall be reasonably safe to persons and property and in conformity with the standards provided in the 1988 edition and future revisions of the Uniform Mechanical Code and with the provisions of this section and applicable state statutes and rules and regulations issued by authority thereof. (2) Conformity of mechanical equipment with the applicable standards of the mechanical code, shall be prima facie evidence that such equipment is reasonably safe to persons and property. Conformity of mechanical equipment installations with the applicable standards set forth in the 1988 Uniform Mechanical Code shall be prima facie evidence that such installations are reasonably safe to persons and property. (3) On all installations of the mechanical equipment hereafter made and all existing installations which are altered, all work shall be done in a manner that will conform with the requirements for the sufficient and safe mechanical system. Repair and maintenance work shall be such that if any mechanical equipment is removed or later replaced, it shall be replaced in a manner which conforms with this section. Installations or work done in conformance with the 1988 Uniform Mechanical Code and its amendments shall be considered as fully complying with this section. C. AMENDMENTS TO THE 1988 UNIFORM MECHANICAL CODE The sections of the 1988 Uniform Mechanical Code that are amended, added or deleted are as follows: Section 302 (a), Application (5) shall read as follows: (5) Be signed by a registered permittee or his authorized agent as set forth in Sec. 302 (d). Section 302 (d), Registration of License shall be added as follows: (d) Registration of License. It shall be required that any person making application for a permit be licensed by the State of Texas and that license be registered with the City. To obtain registration, the applicant shall first file an application for registration therefor in writing on a form furnished by Building Department for that purpose. Every such applicant shall: (1) Be fully completed° (2) List all the names and titles of authorized agents. (3) Be accompanied by a copy of general liability insurance and a copy of the State issued license. (4) Be accompanied by the fee set forth in Table 3-B. Exception: A homeowner/occupant may apply for and receive a permit to install mechanical equipment in a single family residence, provided: (1) The homeowner/occupant does not employ assistance. (2) Proper permit fees are paid. (3) All other provisions of this code are met. outside Section 302 (e), follows: Suspension or Revocation shall be added as (e) Suspension or Revocation. The Building Official may, in writing suspend or revoke any registration under the provisions of this code whenever the registration was issued in error or on the basis of incorrect information supplied or the registrant has shown his unwillingness to comply with the provisions of this code. Appeals of the suspension or revocation shall be heard by the Board of Appeals. Table 3-A: shall read as follows: Table 3-A Permit Fees (1) Fees for New Construction: Type of Building Area Occupancy In Square Feet Mechanical Permit Fee Residential 1000 or less 1001 - 1250 1251 - 1500 1501 - 1750 1751 - 2000 2001 - 3500 3501 - 4500 4501 or greater 20.00 35.00 50.00 65.00 80.00 95.00 110.00 120.00 Nonresidential 0 - 250 250 - 500 500 - 100,000 100,000 or greater 10.00 20.00 20.00 +.02/ sqft 500.00 +.015/sqft (2) Fees for Addition, Alterations and Repairs: Type of Mechanical Occupancy Valuation Permit Fee All $ 0 - 500 501 - 1500 1501 - 3000 3001 -10000 10,001 or greater $10.00 3% of valuation $15.00 + 2% of val. 45.00 + 1% of val. 95.00 + .5% of val. (3) Fee Calculation: 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: (a) The total area under roof and enclosed by walls (excluding garages, carports, porches, patios and other roofed areas with omitted exterior walls). (b) One half (1/2) of the garages, carports, porches, patios, and other roofed areas with omitted walls. The sum of the above areas constitutes the building area for permit evaluation and must be stated on the permit application. Table 3-B. Shall be added as follows: Table 3-B Registration of License Type of License Fee Class A 35.00 Class B 25.00 Section 512. Lighting, shall be added as follows: Section 512, Lighting - A light shall be located near the controlling devices of the equipment with adequate lighting through the access passage. A toggle switch controlling such lighting shall be located adjacent to the access opening. Section 1004, Installation of Ducts - The first paragraph of subsection (b) shall read 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 the prior approval of the Building Official and only in dwellings or apartment houses where the duct system serves not more than one dwelling unit. II. THAT, Chapter 1, Section 5 (Penalty for Violations) and Section 6 (Severability of Parts of the Code) shall apply. PASSED AND APPROVED this the 2nd day of May, 1989. CITY MANAGER-CLERK ORDINANCE NO. 89/13 AN ORDINANCE OF THE BOARD OF COMMISSIONERS AMENDING CHAPTER 3 (BUILDING REGULATIONS) OF THE CODE OF ORDINANCES, CITY OF UNIVERSITY PARK, TX, BY ADDING SECTION 22, IRRIGATION CODE, AS THE GENERAL STANDARD FOR THE INSTALLATION OF IRRIGATION SYSTEMS;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 amended by adding as follows: 3. of the Code of Ordinances is hereby Section 22, which said section shall read SECTION 22: IRRIGATION CODE A. TITLE, SCOPE AND GENERAL (1) Section 101. Title: These regulations known as the "City of University Park Irrigation Code" may be cited as such, and will be referred to herein as "this Code". (2) Section 102. Purpose: The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the installation, location, operation, maintenance or use of backflow prevention devices in irrigation systems within this jurisdiction. (3) Section 103. Scope: The provisions of this code shall apply to erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any backflow prevention devices in any irrigation system. (4) Section 104. Existing Installations: Backflow prevention devices lawfully in existence at the time of the adoption of this code may have their use, mainten- ance or repair continued if the use, maintenance or repair is in accordance with the original design and location and no hazard to life, health or property has been created by such device. (5) Section 105. Alternate Materials and Methods of Construction: The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Code, provided any such alternate has been approved and use authorized by the building official. (6) Section 106. Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this Code, the building official may grant modifications for individual cases, provided he shall first find that a special individual reason makes the strict letter of this Code impractical and the modifica- tion is in conformity with the intent and purpose of this Code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modification shall be recorded and entered in the files of the building department. B. ORGANIZATION AND ENFORCEMENT, POWERS AND DUTIES OF BUILDING OFFICIAL (1) Section 201. Enforcement: The building official is hereby authorized and directed to enforce all the provisions of this Code. For such purposes he shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as he may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code. Whenever any work is being done contrary to the provisions of this Code, the building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop until authorized by the building official to proceed with the work. The building official or his authorized representative shall have the authority to disconnect the water service to any equipment regulated by this Code, where necessary to eliminate an immediate hazard to life or health. No person shall make connections to a water service where a disconnection order has been issued until the building official authorizes the reconnection and use of said equipment. (2) Section 202. Unsafe Equipment: Any equipment regulated by this Code, which is unsafe or which constitutes a health hazard or is otherwise dangerous to human life, shall be declared a public nuisance and shall be abated as prescribed in Chapter 3, Section 2 of the Code of Ordinances. (3) Section 203. Board of Appeals: In order to hear and decide appeals of orders, decisions or determina- tions made by the building official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to backflow protection and public health aspects and who are not employees of the City. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Ce The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this Code nor shall the board be empowered to waive the requirements of this Code. PERMITS AND INSPECTIONS (1) Section 301. Permits: No backflow prevention device shall be installed, altered or replaced without first obtaining a permit for each separate premise which the devices will be located. (2) Section 302. Application for Permit: To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose. Every such application shall: (a) (b) (c) Identify and describe the work to be covered by the permit for which application is made. Be fully completed. Be signed by a registered permittee or his authorized agent as set forth in Sec. 303. (3) Section 303. Registration of License: It shall be required that any person making application for a permit be licensed by the Texas Board of Irrigators and that license be registered with the City. To obtain registration, the applicant shall first file an application for registration therefore in writing on a form furnished by the building depart- ment for that purpose. Every application shall: (a) (b) (c) (d) Be fully completed. List all the names and titles of authorized agents. Be accompanied by a copy of the current state issued license and a copy of general liability insurance. Be accompanied by the fee set forth in Section 304. Exception: A homeowner/occupant may apply for and receive a permit to install plumbing in a single family residence provided: (a) The homeowner/occupant does not employ outside help. (b) Proper permit fees are paid. (c) All other provisions of this Code are met. (4) Section 304. Registration Fees: The fee for registration of a license shall be: $25.00 for Irrigator/Contractor (5) Section 305. Suspension and Revocation: The Administrative Authority may, in writing, suspend or revoke a registration under the provisions of this Code whenever the registration was issued in error or on the basis of incorrect information supplied or the registrant is unwilling to comply with the provisions of this Code. Appeals of the suspension or revocation shall be heard by the Board of Appeals. GENERAL INSTRUCTIONS AND REGULATIONS (1) Section 401. Materials: Ail materials, fixtures and devices used shall be listed or labeled by a listing agency or shall be approved by the Administrative Authority when listing or labeling by a listing agency is not available. (2) Section 402. Connections to Potable Water System: Ail materials, fittings, devices and workmanship on same, which are directly connected to the potable water system shall comply to the 1988 Edition of the Uniform Plumbing Code and its amendment. Only persons holding a current license registration can make the connection to the potable water system. (3) Section 403. Backflow Prevention Devices: Ail irrigation systems shall be separated from the potable water system by a listed double check assembly. This assembly must be accessible from a public right of way without having to pass through a gate, door or other structure that would prevent access for testing. If necessary the fence may be offset to accommodate this requirement. The double check assembly shall be installed on private property in a precast concrete or plastic vault with a removable lid. The vault shall be of sufficient size to allow the testing and/or repair and replacement of the assembly with having to remove the entire vault. Six (6) inches of pea gravel shall be placed beneath but not within one (1) inch of the double check assembly in the entire vault area. (4) Section 404. Freeze Switch: Ail irrigation systems shall be provided with a switch which prevents the irrigation system from operating when the temper- ature drops below 38 degrees F. (5) Section 405. DISCHARGE OF WATER ONTO SIDEWALKS: Ail irrigation systems shall be installed so as to prevent the direct discharge of water onto or over public sidewalks. II. THAT, Chapter 1, Section 5 (Penalty for Violation) and Section 6 (Severability of Parts) of the Code of Ordinances. III. THAT, this ordinance shall take effect immediately from and after its passage and its publication as the law in such cases provides. PASSED AND APPROVED this the 2nd day of May, 1989. ORDINANCE NO. 89/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CITY CODE OF ORDINANCES TO UPDATE REFERENCES TO STATE LAWS CONTAINED IN SAID CODE OF ORDINANCES DUE TO STATE LAW CITATION CHANGES REQUIRED AS A RESULT OF THE TEXAS LEGISLATIVE COUNCIL'S STATUTORY REVISION PROGRAM; AND TO CORRECT REFERENCES TO THE OLD CITY ZONING ORDINANCE REQUIRED DUE TO ADOPTION OF A NEW ZONING ORDINANCE BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in order to update references to state laws contained in the Code of Ordinances required due to changes in state law citations as a result of the Texas Legislative Council's statutory revision program, the following amendments are hereby authorized in the Code of Ordinances: (1) Chapter 1, Section 9.B(4) Change reference to Tort Claims Act from 6252-19, V.T.C.S. to Sections 101.001-102.006, Practice and Remedies Code, V.T.C.A. Article Civil (2) Chapter 1, Section 17.D Change reference to emergency management from Article 6889-7, Section 8(g) of West's Texas Statutes and Codes to Sections 418.101-418.109, Government Code, V.T.C.A. (3) Chapter 1, Section 22.G(1) Change reference to planning commission powers from Article 974-A, Title 28, Revised Statutes of Texas, 1925 to Chapter 212, Local Government Code, V.T.C.A. (4) Chapter 1, Section 22.G(4) Change reference to zoning Article 1Ollf, V.T.C.S. to Government Code, V.T.C.A. commission powers from Section 211.007, Local (5) Chapter 1, Section 23.A Change reference to sales tax on telecommunications services from Article 1066c, Section 4B(a). V.A.T.C.S. to Section 321.210, Tax Code, V.T.C.A. (6) Chapter 3, Section 4.A(1) Change reference to flood regulations from Article 1011, West's Texas Statutes and Codes to Section 16.315, Water Code, V.T.C.A. (7) Chapter 6, Section 2.F(2) Change reference to 4430, West's Texas V.A.C.S. health officer duties from Article Statutes and Code to Article 4436. (8) (9) (lO) (11) (12) (13) Chapter 8, Section 2.H(1) (a) (b) Change reference to city manager-clerk from Article 1161, West's Texas Statutes and Codes to Section 24.052, Local Government Code, V.T.C.A. Change reference Article 1161 to Code, V.T.C.A. to offices and departments from Section 24.051, Local Government Chapter 8, Section 2.H(3)(i) Change reference to city manager-clerk Article 1161, Vernon's Texas Statutes 24.052, Local Government Code, V.T.C.A. Chapter 8, Section 5.A duties from to Section Change reference to city clerk from Article 1161, West's Texas Statutes and Code to Section 24.052, Local Government Code, V.T.C.A. Chapter 8, Section 5.B Change reference to municipal court from 1197(a) and 1200, West's Texas Statutes to Sections 29.001-29.011, Government Code, V.T.C.A. Chapter 8, Section 11 Change all references to Texas Municipal Retirement System from Article 6243h to Sections 61.001-65.605, Title ll0B, Public Retirement System, V.T.C.S. Chapter 9, Section 2.A Change reference to authority to establish police reserve force from Article 998a, V.A.T.S. to Section 341.012, Local Government Code, V.T.C.A. (14) Chapter 9, Section 2.G Change reference to Commission on Law Enforcement Officers Standards and Education from Article 4413 (29aa), Vernon's Annotated Texas Statutes and Codes to Sections 415.001-415.086, Government Code, V.T.C.A. (15) Chapter 9, Section 2.Q Change reference to authority of mayor to summon special police force from Article 995, V.A.T.S. to Section 341.011, Local Government Code, V.T.C.A. SECTION II THAT, in order to correct references to the old zoning ordinance required due to adoption of a new zoning ordinance by the city, the following amendments are hereby authorized in the Code of Ordinances: (1) Chapter 3, Section 1.C(16)(c)(ii) and (v) Change reference D-1 and D-2. to Zoning Districts 2F-1 and 2F-2 to (2) Chapter 2, Section 6, Note (2) Change reference to Zoning Ordinance, Section 9-502(K) to Section 24-201. 47 (3) Chapter 3, Section 7.B Change reference to to Section 8-607. Zoning Ordinance, Section 9-802.9 (4) Chapter 3, Section 18.A (5) Change references to Zoning Ordinance, Sections 9.502(c) and 9-802.9 to Section 8-701 and Section 8-607 respectively. Chapter 10, Section 20.D(1) Change reference to Zoning Districts 2F-1 and 2F-2 to D-1 and D-2. SECTION III THAT, this amended ordinance shall take effect immediately from and after its passage and its publication as the law in such cases provides. the 1989. PASSED AND APPROVED, by the Board of Commissioners of City of University Park, Texas, this the 2nd day of May, ATTEST?- CITY MANAGER- CLER~ ORDINANCE NO. 89/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX, AMENDING CHAPTER 10, SECTION 12.C.(1) BY ADDING SUBSECTION (d) WHICH FURTHER REGULATES ON-STREET PARKING; PROVIDING A PENALTY ; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF UNIVERSITY PARK, TEXAS: BOARD OF COMMISSIONERS OF THE SECTION I THAT, Chapter 10, Section 12.C.(1) of the Code of Ordinances of the City of University Park is hereby amended and to add Subsection (d), which said subsection shall read as follows: Co PARKING PROHIBITED (1) Parking on Streets (d) The parking of vehicles in the area adjacent to a driveway which is painted yellow and marked "no parking" is prohibited. SECTION II THAT Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION III THAT this ordinance shall take effect immediately after its passage and the publication of the caption as the law in such cases provides. DULY PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, on this the 2nd day of May, 1989. M~OR ATTEST: · ~ CITY MANAGER-CLERK i ORDINANCE NO. 89/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 19. I. (SWIMMING POOL REGULATIONS) OF THE CODE OF ORDINANCES OF THE CITY BY ADDING A NEW SUBSECTION (11), AND BY AMENDING SUBSECTIONS (8) THROUGH (16); 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, the Chapter 1, Section 19.I., through (16) of the Code of Ordinances supplemented to read as follows: Subsections (8) be amended and SECTION 19. PARK AND RECREATION REGULATIONS I. SWIMMING POOL REGULATIONS (8) Diseased Persons Not To Enter Pools No person who has an infectious, contagious or communicable disease, a skin disorder or open sores, shall use the swimming pool. The pool attendant and the police are authorized to immediately eject from the pool any person who has an infectious, contagious or communi- cable disease, a skin disorder or open sores, and such person shall be denied further use of the pool unless a certificate of a licensed physician is furnished certifying that such person is free of all contagious infectious, or communicable diseases. (9) Use of Pools By Children Under Six (6) Years Of Aqe Children residents use any a parent times.. under six (6) years of age who are qualified or bona fide guests of qualified residents may of the pools without charge when accompanied by or guardian 16 years of age or older at all 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. (10) Use Of Pools By Children Generally Children under six (6) years of age who are qualified residents or bona fide guests of qualified residents may use any of the pools between the hours of 9:00 a.m. and 9:00 p.m. without cost, provided the child or children are accompanied by a parent or guardian. Further, children six (6) years of age or older shall not be permitted to use the small pools. Only small children, six (6) years of age or younger may enter (swim) in the small pools. (11) Use Of Three-Meter Diving Board No one less than forty-two (42) inches in height shall be allowed to use the three (3) meter diving board. This height is marked on the bathhouse wall immediately behind the diving board. (12) Persons Who May Accompany Children to Small Pools (b) ! (c) No more than two (2) persons who are qualified residents or bona fide guests of qualified residents, may be permitted to accompany a small child or small children of the same family to the small pools upon signing the register at the cashier's window each time the pool is entered. Ail adults accompanying small children to small pools in bathing attire must pay a two dollar fifty cent ($2.50) guest fee or purchase a swim tag. Adults accompanying a child or children under six (6) years of age may enter the baby pool area in street clothes at no cost after signing the register as a qualified resident or bona fide guest. (13) Required Clothing for Bathers (a) Street clothes are prohibited within the enclosed area of the pools, except for employees, workmen, and those persons accompanying a small child to the pool. (b) Only recognized bathing attire will be acceptable for purpose of swimming. No cutoffs, etc. (c) Ail children wearing diapers of any description must have them covered by plastic panties before entering the baby pool. (d) No children wearing diapers, covered or uncovered, will be allowed in the main swimming pool. (14) Rules of Conduct Governing Pool The rules of conduct shall be approved by resolution of the board of commissioners. Such rules of conduct in the University Park pool shall be posted at the swimming pool and shall be given to each permittee at the time such permittee receives the permit. (15) Forbidden Acts In the interest of the public health, safety and welfare each of the following enumerated acts is forbidden in the pool and fenced-in area surrounding the pool: (a) Diving off the shoulders of another person. (b) Running along the banks of the pool. (c) Splashing water on another person in such a manner as to interfere with others or using the pool in such a manner as to create disorder or disturbance. (d) Acting with indecent familiarity toward other persons. (e) Taking floaters, inner tubes, rafts, air mattress- es, or any other objects or devices in the main pool. Kickboards are permitted. (f) Cursing, swearing or using indecent language. (g) Throwing rocks or any other object in the pool or in the vicinity of the pool. (h) Entering the pool while under the influence of chemical substances. (i) Eating food, smoking or chewing tobacco while in the pool. (j) Using the spring board with other persons. (k) Diving from the sides of the swimming pool. (1) Entering the deep end of the pool unless such person can swim two widths of the pool. (m) (n) Taking or permitting dogs or pets in the fenced-in area surrounding the pool. It shall be the duty of all persons using the pool to act in an orderly manner so as to permit the largest use and enjoyment of the pool by all persons, and no person shall wilfully interfere with or wilfully annoy or disturb others in the proper use of the pool, and whenever the lifeguard or any police officer calls attention to any such acts being committed, or about to be committed, such person or persons so committing, or about to commit, such acts shall immediately desist therefrom, and upon failing to do so, such person or persons shall be ejected from the pool and be subject to fine as herein provided. (16) Enforcement Procedures (a) The attendants may eject, from any pool, anyone guilty of indecent conduct or for violation of any of the above regulations, or anyone who is so using any pool as to annoy other bathers, preventing their full enjoyment of any pool, after first having been warned by the attendant. (b) (c) (d) The attendants may also take the tag from a violator if he continues to violate the rules after being warned, and the attendants shall deliver such tag to the city manager-clerk as soon as is practical. The city manager-clerk shall investigate the conduct of such bather; and after doing so, the city manager-clerk is hereby authorized to return such tag or suspend such tag for a definite period of time or revoke such tag. If the bather objects to the ruling of the city manager-clerk, he may appeal such decision to the municipal court of this city, where the bather shall be entitled to a trial de novo. The municipal court of the City of University Park is authorized to hear all such facts and render its decision to return such tag to the bather, or suspend such tag for a definite period of time or revoke such tag. SECTION II THAT Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION III THAT this ordinance shall take effect immediately after its passage and the publication of the caption as the law in such cases provides. of May, 1989. DULY PASSED AND APPROVED by the Board of Commissioners the City of University Park, Texas, on this the 2nd day of ORDINANCE NO. 89/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS; PRESCRIBING REGULATIONS GOVERNING CONDI- TIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS;ESTABLISHING A DIVISION OF FIRE PREVENTION, PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR POWERS AND DUTIES; PROVIDING A SEVER- ABILITY CLAUSE;PROVIDING A REPEALER CLAUSE;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, Section 1 of the Code of Ordinances is hereby amended to read as follows: SECTION 1: UNIFORM FIRE CODE. A. ADOPTION The Uniform Fire Code, 1988 Edition, is hereby adopted by the City of University Park for the purpose of prescribing regu- lations governing conditions hazardous to life and property from fire or explosion, including Appendix Chapters I-B; I-C; II-E; III-A; III-B; III-C; III-D; IV-A; V-A; VI-A; VI-B; VI-C; VI-D; VI-E; and the Uniform Fire Code Standards, 1988 Edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, and the whole thereof, save and except such portions as are herein- after deleted, modified or amended by this Ordinance. Three (3) copies of such Code and Standards have been and are now filed in the office of the Fire Marshal of the City of University Park and the same are hereby adopted and incorpo- rated as set out herein, and from the date on which this Ordinance shall take effect, the provisions 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 Fire Marshal in charge of the division of fire prevention shall be appointed by Chief of Fire, with City Manager 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 nonmembers 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. D. 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 Article 79.501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: All residential zoned areas, congested commercial areas, and in areas zoned for schools and churches. E. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED The limits referred to in Article 82.103(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. ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED The limits referred to in Article 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Article 77.106(b) shall be amended to state use or storage of all high explosive materials in the City of University Park is prohibited (EXCEPTION - GUNPOWDER). G. AMENDMENTS MADE IN THE UNIFORM FIRE CODE The Uniform Fire Code the following of 4.108.c.3; 4.108.d.1; 4.108.w.2; and Article 77.204. is amended and changed to adopt only Article 4: paragraphs 4.108.c.2; 4.108.1.1; 4.108.p.1; 4.108.t.1; and 77: paragraphs 77.202; 77.203; and The Uniform Fire Code is amended and changed in the following respects: Article 10, Paragraph 10.207 shall be changed to state: Section 10.207 (1) General. Fire apparatus access roads, hereafter known as fire lanes, shall be provided in accordance with this Section. Prior to the issuance of a building permit, fire lanes required by this Section shall be designated on a site plan and two (2) sets of said plans shall be submitted to the Fire Marshal for approval. No structure shall be allowed to progress beyond the foundation until required fire lanes are serviceable and approved. (2) Where required. Fire lanes shall be required for every building hereafter constructed as follows: (a) Such that any portion of an exterior wall of the first story is within 150 feet of travel distance within a public way. (b) Such that a fire department sprinkler or standpipe connection is within 25 feet from a dedicated street or fire lane. (3) Permissible Modifications: (a) Clearances and widths required by the Section may be modified when, in the opinion of the Fire Marshal, these clearances and widths are not adequate to provide fire apparatus access. (b) When a building is entirely protected by an approved automatic sprinkler system, the construc- tion requirements for fire lanes may be reduced or modified whenever, in the opinion of the Fire Marshal, a sufficient level of safety is provided. In no case shall any portion of an exterior wall of the first story be more than 300 feet from a dedicated street or fire lane. (c) When there are not more than two Group R, Division 3 or Group M occupancies, the requirements of this Section may be modified, provided that, in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. (4) Surface. Fire lanes shall be designed and maintained to support 12,500 pound wheel loading. The surface shall be designed to provide all weather driving capability. (5) (6) (7) Width. The minimum unobstructed width of a fire lane shall not be less than 20 feet. Vertical Clearance. Ail fire lanes shall have an unobstructed vertical clearance of not less than 13 feet 6 inches. Turning Radius. The minimum inside turning radius shall be 25 feet and the minimum outside turning radius shall be 50 feet. (8) Turn Arounds. Ail dead-end fire lanes in excess of 100 feet in length shall be provided with a turn around meeting the requirements of Figure 10.207(a). The cul-de-sac is the most desired design. (9) Grade. Grade incline of fire lanes shall not exceed 10%. (10) Obstructions. The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles. The Chief or his duly authorized representative is authorized to cause fire access roadways to be maintained free of obstructions at all times by issuance of citations, removal and impoundment of a vehicle or obstruction in violation, by both a citation and impoundment, or by orders to remove any obstruction immediately. (11) Markings. The City shall provide the following on public designated fire lanes and the owner, manager, or person in charge of any building to which fire lanes have been approved shall post and maintain the following: Curb markings consisting of continuous painted lines of red traffic paint six inches in width onto which the words "No Parking - Fire Lane" four inches in width shall be stenciled with white paint, in an approved manner at twenty-five (25) foot intervals and/or approved traffic signs which are posted and maintained in conspicuous places along such fire access roadways. Such sign must be eighteen (18) inches wide and eighteen (18) inches high inscribed with the international no parking symbol of a slashed "P" with a companion sign eighteen (18) inches wide and twelve (12) inches high stating "Fire Lane Tow Away". Article 10, Paragraph 10.313.e shall be changed to state: Section 10.313.e. Extinguishing systems shall be serviced annually or after activation of the system. The Uniform Fire Code is amended to adopt Appendix Chapters I-B; I-C; II-E; III-A; III-B; III-C; III-D; IV-A; V-A; VI-A; VI-B; VI-C; VI-D; VI-E; Appendix III-C is adopted and amended by adding the following: Each wet automatic sprinkler system shall be tested annually. A fee of twenty-five dollars ($25.00) shall be charged annually for each building equipped with a complete, or partial wet automatic sprinkler system. 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 the decision of the Fire Marshal to the City Council of the City of University Park within 30 days from such decision date, or within the time allowed by a specific section of the Code, whichever is applicable. Section 2.303 and Appendix I-B, Section 2.1(g), are amended to provide that the board of appeals and fire code appeal board named respectively read City Council. I. NEW MATERIALS~ PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The Chief of the division 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 new enumerated in said Code. The Chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. J. PENALTIES (1) Any person who shall violate any of the provisions of this Code of 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 for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $2,000.000. 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 viola- tions or defects within a reasonable time; and when not otherwise specified each ten days that the prohibited condi- tions are maintained shall constitute a separate offense. (2) The application held to prevent the conditions. of the above penalty shall not be enforced removal of prohibited K. REPEAL OF CONFLICTING ORDINANCE Ail former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code of 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 of 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. M. EFFECTIVE DATE 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 June, 1989. ATTEST: APPROVED: Attachment - 1 .57 ORDINANCE NO. 89/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE UNIVERSITY PARK CITY CODE, CHAPTER 12, SECTION 8 TO BE APPLICABLE TO THE UNIVERSITY CAMPUS (UC-1) ZONING DISTRICT; DELEGATING AUTHORITY TO THE URBAN DESIGN AND DEVELOPMENT ADVISORY COMMITTEE; ESTABLISHING SPECIAL SIGN DISTRICT FOR PORTION OF SOUTHERN METHODIST UNIVERSITY CAMPUS; PROVIDING CONDITIONS; PROVIDING A SEVERABILITY CLAUSE; PROVI- DING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That Chapter 12, Section 6, of the University Park City Code be, and the same is hereby, amended in part as follows: "CHAPTER 12 SIGN REGULATIONS SECTION 6: ESTABLISHMENT OF A SPECIAL SIGN DISTRICT The Urban Design and Development Advisory 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 portion of the University Campus 1 (UC-1) Zoning District or any commercial or retail area, such as a shopping center, to provide signage for such area as part of an overall graphics program .... If, in the opinion of the Urban Design and Development Advisory Committee, such graphics program will result in the signage appearance of the area .... " SECTION II That the Urban Design and Development Advisory Committee having considered a request for a special exception to Chapter 12 of the University Park City Code from Southern Methodist University submitted for a particular, clearly defined, and identifiable portion of the University Campus 1 (UC-1) Zoning District to provide signage as part of an overall graphics program, and such program having been approved by the Committee as beneficial to the public health, safety and general welfare and in the interest of the City, the Board of Commissioners hereby determines that a Special Sign District shall be established for such area upon the following terms and conditions: ae That the area covered by this Special Sign District is described in Exhibit "A" attached hereto and made part hereof for all purposes. That such area is completely within the University Campus 1 (UC-1) Zoning District. The area described in Exhibit "A" is the site of Ownby Stadium at Southern Methodist University and it is wholly owned by the University. Ce Two (2) scoreboard signs shall be permitted in this Special Sign District in connection with the use of Ownby Stadium. Such scoreboard shall be lighted on the sides facing the spectators (the interior of the stadium) only. Lighting will be provided by a series of small colored and white lights which will be turned off and on so that the lights will be arranged in patterns to provide spectators with information concerning events occurring in the stadium. Space will be provided at the ends of the scoreboards for advertising of sponsor's products. No advertisements will be placed on the portions of the scoreboard facing outside the seating area of the stadiun. The end panels of the scoreboards will be lighted internally. The scoreboards will be illuminated only during events taking place in the stadium. The reverse of the scoreboard placed in the south end zone shall bear the name of the University and other information pertaining to University activities only, but shall contain no advertising or logos for any commercial enterprise. The reverse of the north end zone scoreboard shall be blank. The reverse of the scoreboards will not be illuminated at any time. The scoreboards shall be located as follows: (1) (2) In the north end zone, one (1) scoreboard centrally located at the top of the spectator stand. In the south end zone, one scoreboard centrally located at the top of the spectator stand. The locations and heights of the scoreboards shall be as shown on the drawings attached hereto as Exhibit "B" and made part hereof for all purposes. The north end zone scoreboard shall be eight (8) feet by forty-three (43) feet in area (344 square feet), and the south end zone scoreboard shall be ten (10) feet by sixty (80) feet in area, with a 2.5-foot x 32-foot extension on top, a total of six hundred eighty (680) square feet. The colors to be used on the scoreboards, the materials to be used in construction of the scoreboards, and the graphics to be placed thereon shall be in accordance with plans and drawings to be submitted in compliance with the conditions of this ordinance. The colors, materials, and graphics to be used for the scoreboards shall be approved by the Urban 13eaign and 13evelopment Advisory Committee prior to issuance of any permit for such signs. 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 6th day of June, 1989. ATTEST: CITY MANAGER- (Acting) EXHIBIT "A" SPECIAL SIGN DISTRICT FOR S.M.U. LEGAL DESCRIPTION The Southern follows: limits for the proposed special sign district for Methodist University / Ownby Stadium shall be as Airline Drive to Ownby Drive; approximately 820 feet. Mockingbird Lane north EXHIBIT "B" OWNBY STADIUM BLUEPRINT The Ownby Stadium blueprint is filed for official record (1) in the folder of 1989 Ordinances (originals) at the Assistant City Clerk's office and (2) with the Building Department. ORDINANCE NO. 89/19 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, FIXING THE 7TH DAY OF NOVEMBER,1989, AS THE DATE FOR HOLDING A SPECIAL ELECTION FOR THE PURPOSE OF DETER- MINING WHETHER OR NOT A PROPOSED HOME RULE CHARTER WILL BE ADOPTED BY THE QUALIFIED ELECTORS OF THE CITY OF UNIVERSITY PARK, TEXAS; FIXING THE PROPOSITION TO BE SUBMITTED; DESIGNATING THE POLLING PLACE AND THE HOURS FOR VOTING; APPOINTING THE ELECTION OFFICIALS; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR NOTICE OF SUCH SPECIAL ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Charter Commissioners elected by the electors of the City of University Park, Texas, on the 21st day of January, 1989, have submitted to the Board of Commis- sioners of the City of University Park a proposed Home Rule Charter in accordance with their duties; and WHEREAS, the Board of Commissioners is required under the provisions of Section 9.003(a) of the Texas Local Government Code to submit the Charter so framed by said Commission to the qualified voters of the City at an election to be held on the first authorized uniform election date prescribed by the Election Code and that occurs on or after the 40th day after the date the Charter Commission completed its work; and WHEREAS, the Board of Commissioners desires to call such election as required and on a day permitted by the Texas Election Code, NOW, THEREFORE,, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That in accordance with Section 9.003(a) of the Texas Local Government Code, an election is hereby called to be held in the City of University Park, Texas, on the 7th day of November, 1989 for the purpose of submitting to the qualified voters of the City the question of whether or not the proposed Home Rule Charter framed by the Charter Commission shall be adopted for the City of University Park, Texas. SECTION 2. It being impracticable to submit each section of the proposed Charter, the entire Charter shall be voted on as a whole. The proposition to be submitted to the voters shall be: "FOR THE ADOPTION OF THE CHARTER" "AGAINST THE ADOPTION OF THE CHARTER." SECTION 3. The polling place for said election shall be the Univer- sity Park City Hall, 3800 University Boulevard. SECTION 4. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the election. None but legally qualified voters of the City shall be entitled to vote at said election. Notice of said election shall be given by posting a copy of this Ordinance on the bulletin board in the City Hall used for posting notices of the meetings of the Board of Commis- sioners at least thirty (30) days prior to the election date and a copy of this Ordinance shall be published in the official newspaper of the City at least thirty (30) days prior to the date of said election. The City Secretary shall retain a copy of the published notice that contains the name of the newspaper and the date of publication and shall make a record at the time of posting the copy of this Ordinance, stating the date and place of posting, and shall sign such record and deliver it to the Board of Commissioners after the posting is made. Not later than the 7th day after the passage of this Ordinance, the City Secretary shall deliver to the presiding judge named hereafter a true copy of this Ordinance. LINDA WOLF is hereby appointed presiding election judge and JANE NASH is hereby appointed alternate presiding election judge to serve at such polling place. The presiding election judge shall appoint two election clerks to serve at such polling place. All judges and clerks shall be qualified voters of the City. SECTION 5. Absentee voting for the above designated election shall be held in the regular office of the City Secretary at the City Hall building and the place of absentee voting shall remain open for at least eight hours on each day of absentee voting which is not a Saturday, Sunday, or an official state holiday, beginning on the 20th and continuing through the 4th day preceding the date of said election. If the date for beginning is a Saturday, Sunday, or legal state holiday, the period begins on the next regular business day. Said place of voting shall remain open between the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. SECTION 6. After holding said election, the election judges shall promptly make their return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such returns to the Board of Commissioners for the canvassing of said election. The presiding election judge shall be paid the sum of $5.00 per hour, plus an additional sum of $25.00 for her services in delivering the returns of the election. The alternate presiding election judge shall be paid the sum of $5.00 sum of election. set out Code. per hour and each election clerk shall be paid the $5.00 per hour for his/her services in holding the Such payment shall not exceed the maximum amounts in Sections 32.091 and 32.092 of the Texas Election SECTION 7. That the date set herein for the election is not less than forty (40) days after the completion of the work of said Charter Commission. That not less than thirty (30) days prior to the election date, the city clerk shall cause a copy of the proposed Charter to be mailed to each registered voter of the City of University Park. SECTION 8. This Ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED AND APPROVED by the Board of Commissioners of the City of University Park, Texas, the 6th day of July, 1989. CITY MANAGER-CLERK ORDINANCE NO. 89/20 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 UNIVERSITY PARK, TEXAS: BY THE BOARD SECTION I OF COMMISSIONERS OF THE CITY OF THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIRECTOR FINANCE DIRECTOR OPERATIONS MANAGER ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER PARKS DIRECTOR DEPUTY FIRE CHIEF POLICE CAPTAIN PERSONNEL DIRECTOR/RISK MANAGER ASSISTANT FINANCE DIRECTOR TRAFFIC SUPERINTENDENT SANITATION SUPERINTENDENT ASSISTANT TO THE CITY MANAGER QUALITY CONTROL OFFICER GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR ASST.BLDG.OFCL. (PERMIT/INSPECT) ADMINISTRATIVE ASST-PARKS STREET SUPERINTENDENT WASTEWATER COLLECTION SUPT. WATER DISTRIBUTION SUPT. SUPERINTENDENT IN TRAINING BUYER WATER/TAX DEPARTMENTS MANAGER ADMINISTRATIVE ASST-PUBLIC WORKS ASSISTANT CITY CLERK E 864 3,911 4,889 5,867 E 864 3,911 4,889 5,867 E 725 3,460 4,325 5,190 E 657 3,238 4,048 4,858 E 611 3,090 3,862 4,634 E 611 3,090 3,862 4,634 E 571 2,880 3,600 4,320 E 539 2,855 3,569 4,283 E 516 2,781 3,476 4,171 E 516 2,781 3,476 4,171 E 466 2,618 3,273 3,928 E 464 2,612 3,265 3,918 E 421 2,472 3,090 3,708 E 421 2,472 3,090 3,708 E 393 2,382 2,977 3,572 E 393 2,382 2,977 3,572 E 366 2,294 2,867 3,440 E 332 2,183 2,729 3,275 E 323 2,154 2,692 3,230 E 318 2,138 2,672 3,206 E 313 2,122 2,652 3,182 E 311 2,115 2,644 3,173 E 311 2,115 2,644 3,173 E 311 2,115 2,644 3,173 E 298 2,073 2,591 3,109 E 298 2,073 2,591 3,109 E 291 2,050 2,562 3,074 E 259 1,946 2,433 2,920 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/GARAGE C 54 191 POLICE SECRETARY C 54 191 SERVICE CENTER SECRETARY C 53 160 PARKS SECRETARY C 53 160 ACCOUNTS PAYABLE CLERK C 53 160 TAX CLERK C 53 160 PERSONNEL CLERK C 53 160 COURT CLERK C 52 143 PERMITS CLERK C 52 143 WATER DEPARTMENT CLERK C 52 143 PAYROLL CLERK C 52 143 WORD PROCESSING CLERK C 51 119 CASHIER C 51 119 MAIL CLERK C 51 119 RECEPTIONIST C 51 119 1,742 2,099 2,456 1,742 2,099 2,456 1,617 1,948 2,279 1,508 1,817 2,126 1,508 1,817 2,126 1,508 1,817 2,126 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,300 1,566 1,832 1,300 1,566 1,832 1,300 1,566 1,832 1,300 1,566 1,832 1,196 1,441 1,686 1,196 1,441 1,686 1,196 1,441 1,686 1,196 1,441 1,686 L A B O R TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WARRANT OFFICER/BAILIFF L 58 296 UTILITY WORKER I L 57 269 LEAD MECHANIC L 56 245 TRAFFIC SIGNAL FOREMAN L 56 245 BUILDING INSPECTOR L 56 245 GARDENER I L 55 216 LAYOUT WELDER L 55 216 MECHANIC WELDER L 55 216 IRRIGATION TECHNICIAN 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 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 1,992 2,400 2,808 1,877 2,261 2,645 1,774 2,137 2,500 1,774 2,137 2,500 1,774 2,137 2,500 1,650 1,988 2,326 1,650 1,988 2,326 1,650 1,988 2,326 1,650 1,988 2,326 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,234 1,487 1,740 1,234 1,487 1,740 1,149 1,384 1,619 1,149 1,384 1,619 1,149 1,384 1,619 1,149 1,384 1,619 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT PATROL OFFICER INVESTIGATORS 2,626 2,757 2,895 2,058 2,161 2,269 2,382 2,501 Special assignment pay of $50.00 per month added to rank pay. FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN DRIVER/ENGINEER DRIVER II FIRE INSPECTOR FIREFIGHTER PARAMEDIC-CAPTAIN PARAMEDIC EMT 3,039 3,191 2,756 2,894 2,625 2,500 2,279 2,393 2,513 2,639 1,959 2,057 2,166 2,268 $150.00 per month assignment pay $100.00 per month assignment pay $ 25.00 per month assignment pay 2,381 PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM ADMINISTRATIVE INTERN POOL MANAGER SCHOOL CROSSING GUARD LIFEGUARD SWIMMING POOL WORKER WAREHOUSE ASSISTANT PARK LABORER - 9.43 7.50 9.50 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 above average performance appraisal will receive a 3% of mid-point increase. Employees with an outstanding performance appraisal will receive a 5% of mid- point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsi- deration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Since October 1, 1987, Paramedic-Captain, Paramedic, and EMT positions are no longer specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic Captain .............. $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 will receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift will receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed personnel in the Fire Department shall receive incentive pay for education in fire protection technology. This plan does not include the rank of 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 $100.00 per month of incentive pay. receive more than (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. 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. APPROVAL OF CHANGES IN CLASSIFICATION. The City Manager shall have authority to approve all changes in classification, however, the number of classification changes subject to his approval shall not exceed 10% of total employees during FY' 89-90. 14. PLAN INTO EFFECT. This amended ordinance is effective 10/1/89. 15. 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 lommissioners with fifteen (15) days notice. PASSED AND ATTEST CITY MAN; ?ROVED this the 6th day of July, 1989. - CLERK M/~YOR ~ ~) ORDINANCE N0. 88/7 (AMENDMENT N0. 5) AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, BY ADDING APPENDIX D.{PLANNED DEVEL- OPMENT DISTRICTS REFERENCED DISTRICT MAP) PD-12{A} TO ZONING ORDINANCE N0. 88/7, ADOPTED FEBRUARY 16, 1988, WHICH AUTHOR- IZES A PLANNED DEVELOPMENT DISTRICT FOR LOTS 1-8, BLOCK D, ST.ANDREWS PLACE ADDITION, KNOWN AS 6000 PRESTON ROAD. WHEREAS, on July 11, 1989, the Planning and Zoning Commission, City of University Park, held a public hearing on the application of Park Cities- North Dallas Y.M.C.A. and recommended to the Board of Commissioners that playground equipment and wrought iron fence be included in the Planned Development District (Ordinance No. 77/328, Amendment No. 36), of January 3, 1984; and WHEREAS, on August 1, 1989, the Board of Commissioners, City of University Park held the second statutory hearing on the application. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, City of University Park, Texas: SECTION I THAT, the Comprehensive Zoning Ordinance of the City of University Park, Ordinance No. 88/7, Appendix D. (Planned Development Districts Referenced on Zoning District Map) PD-12, adopted February 16, 1988, is hereby amended to include the following: (1) Playground equipment and wrought iron fence located adjacent to Preston Road, as shown on attached revised site plan. 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, the building permit to be issued in connection with this Planned Development District shall especially include the requirement as 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. 88/7 is applicable to this amendment to the Zoning Ordinance. 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, this the 1st day of August, 1989. APPROVED: YOR ORDINANCE NO. 89/21 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TX AMENDING CHAPTER 11, SECTION 2.C. OF THE CODE OF ORDINANCES BY ADDING SUBSECTION (3), WATER METER SECURITY DEPOSITS; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF UNIVERSITY PARK, TEXAS: BOARD OF COMMISSIONERS OF THE SECTION I That Chapter 11 (Utilities), Section 2.C. is hereby amended by adding Subsection (3), which said subsection shall read as follows: CHAPTER 11: UTILITIES SECTION 2: UTILITY SYSTEM SERVICE POLICIES C. WATER METER SECURITY DEPOSITS (3) Property owners with a water deposit currently on file with the city and who have a satisfactory payment record, may be allowed to begin water service at a second property before a second deposit is made, provided that the request is made in writing to the utility manager within five (5) days and the deposit is posted with the utility office manager within five (5) days of service start. If the written request or deposit is not posted within five (5) days, the water will be turned off at the expense of the property owner. All installation and hook up charges apply. 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 That Section 5 (General Penalty) and Section 6 (Sever- ability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION IV That this ordinance shall take effect immediately 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 1st day of August, 1989. APPROVED: 7O ORDINANCE NO. 89/22 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990, 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, 1989, and ending September 30, 1990, 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 4, 1989, as required by SECTION III THAT, a notice of a public hearing for September 5, 1989 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, 1989, and ending September 30, 1990. PASSED AND APPROVED this 5th day of September, 1989. CITY MAN~ER-CLERK m / ORDINANCE NO. 89/23 AN ORDINANCE OF THE BOARD OF COMMISSIONERS, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1989 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, TX: SECTION I THAT, for the year 1989, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1989, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of forty-three and fifty one hundredths cents ($.4350) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3603 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) $.0747 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 1989 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 1989 levy. PASSED AND APPROVED this 5th day of September, 1989. ORDINANCE NO. 89/24 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: BY THE BOARD OF COMMISSIONERS OF THE CITY OF SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIRECTOR FINANCE DIRECTOR OPERATIONS MANAGER ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER PARKS DIRECTOR DEPUTY FIRE CHIEF POLICE CAPTAIN PERSONNEL DIRECTOR/RISK MANAGER ASSISTANT FINANCE DIRECTOR TRAFFIC SUPERINTENDENT SANITATION SUPERINTENDENT ASSISTANT TO THE CITY MANAGER QUALITY CONTROL OFFICER GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR ASST.BLDG.OFCL. (PERMIT/INSPECT) ADMINISTRATIVE ASST-PARKS STREET SUPERINTENDENT WASTEWATER COLLECTION SUPT. WATER DISTRIBUTION SUPT. SUPERINTENDENT IN TRAINING ADMINISTRATIVE ASST-PUBLIC WORKS BUYER WATER/TAX DEPARTMENTS MANAGER ASSISTANT CITY CLERK E 864 3,911 4,889 5,867 E 864 3,911 4,889 5,867 E 725 3,460 4,325 5,190 E 657 3,238 4,048 4,858 E 611 3,090 3,862 4,634 E 611 3,090 3,862 4,634 E 571 2,880 3,600 4,320 E 539 2,855 3,569 4,283 E 516 2,781 3,476 4,171 E 516 2,781 3,476 4,171 E 466 2,618 3,273 3,928 E 464 2,612 3,265 3,918 E 421 2,472 3,090 3,708 E 421 2,472 3,090 3,708 E 393 2,382 2,977 3,572 E 393 2,382 2,977 3,572 E 366 2,294 2,867 3,440 E 332 2,183 2,729 3,275 E 323 2,154 2,692 3,230 E 318 2,138 2,672 3,206 E 313 2,122 2,652 3,182 E 311 2,115 2,644 3,173 E 311 2,115 2,644 3,173 E 311 2,115 2,644 3,173 E 308 2,105 2,631 3,157 E 298 2,073 2,591 3,109 E 298 2,073 2,591 3,109 E 259 1,946 2,433 2,920 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/GARAGE C 54 191 POLICE SECRETARY C 54 191 SERVICE CENTER SECRETARY C 53 160 PARKS SECRETARY C 53 160 ACCOUNTS PAYABLE CLERK C 53 160 TAX CLERK C 53 160 PERSONNEL CLERK C 53 160 COURT CLERK C 52 143 PERMITS CLERK C 52 143 WATER DEPARTMENT CLERK C 52 143 PAYROLL CLERK C 52 143 WORD PROCESSING CLERK C 51 119 CASHIER C 51 119 MAIL CLERK C 51 119 RECEPTIONIST C 51 119 1,742 2,099 2,456 1,742 2,099 2,456 1,617 1,948 2,279 1,508 1,817 2,126 1,508 1,817 2,126 1,508 1,817 2,126 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,374 1,655 1,936 1,300 1,566 1,832 1,300 1,566 1,832 1,300 1,566 1,832 1,300 1,566 1,832 1,196 1,441 1,686 1,196 1,441 1,686 1,196 1,441 1,686 1,196 1,441 1,686 L A B O R TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WARRANT OFFICER/BAILIFF L 58 296 LEAD MECHANIC L 58 296 UTILITY WORKER I L 57 269 TRAFFIC SIGNAL FOREMAN L 56 245 BUILDING INSPECTOR L 56 245 GARDENER I L 55 216 LAYOUT WELDER L 55 216 MECHANIC WELDER L 55 216 IRRIGATION TECHNICIAN 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 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 1,992 2,400 2,808 1,992 2,400 2,808 1,877 2,261 2,645 1,774 2,137 2,500 1,774 2,137 2,500 1,650 1,988 2,326 1,650 1,988 2,326 1,650 1,988 2,326 1,650 1,988 2,326 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,543 1,859 2,175 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,410 1,699 1,988 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,337 1,611 1,885 1,234 1,487 1,740 1,234 1,487 1,740 1,149 1,384 1,619 1,149 1,384 1,619 1,149 1,384 1,619 1,149 1,384 1,619 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 POLICE LIEUTENANT POLICE OFFICER 2,679 2,813 2,954 2,078 2,187 2,302 2,423 2,551 FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 FIRE SECTION CHIEF FIRE CAPTAIN DRIVER/ENGINEER DRIVER II FIRE INSPECTOR FIREFIGHTER (HOSEMAN) PARAMEDIC-CAPTAIN PARAMEDIC EMT 3,069 3,222 2,784 2,923 2,651 2,551 2,334 2,451 1,996 2,101 2,574 2,703 2,212 2,328 2,451 $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 DRAFTSMAN ADMINISTRATIVE INTERN POOL MANAGER SCHOOL CROSSING GUARD LIFEGUARD SWIMMING POOL WORKER WAREHOUSE ASSISTANT PARK LABORER - 11.00 - 9.43 7.50 9.50 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 above average performance appraisal will receive a 3% of mid-point increase. Employees with an outstanding performance appraisal will receive a 5% of mid- point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsi- deration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Effective October 1, 1987, Paramedic-Captain, Paramedic, and EMT positions in the Fire Department are no longer specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic Captain .............. $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. Effective October 1, 1989, Police Officers assigned as Investigators will no longer receive a special assignment pay of $50.00 per month added to base pay. However, those Police Officers assigned as investigators prior to October 1, 1989 shall continue to receive the assignment pay until such time they are assigned elsewhere. 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-five dollars ($35.00)· 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 will receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift will receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. EDUCATION PAY (a) Uniformed incentive This plan higher. personnel in the Fire Department shall receive pay for education in fire protection technology. does not include the rank of Section Chief or 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Fire Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond should carry the following incentive pay: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's Degree $75.00 per month basic No Fire Department personnel shall receive more than $100.00 per month of incentive pay. (b) Uniformed personnel in the Police Department with the rank of Patrol Officer, or Lieutenant are eligible for educa- tional incentive pay as follows: 1. Associate Degree or 60 hrs.undergraduate work $25.00 per month 2. Bachelor's Degree $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 $25.00 per month 2. Advanced Certificate $50.00 per month No Police Department personnel shall receive more than $100.00 per month of incentive pay. 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. APPROVAL OF CHANGES IN CLASSIFICATION. The City Manager shall have authority to approve all changes in classification, however, the number of classification changes subject to his approval shall not exceed 10% of total employees during FY' 89-90. 14. PLAN INTO EFFECT. This amended ordinance is effective 10/1/89. 15. 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. P~ ASSED ~APPROVED this the 5th day of September, 1989. CITY M~AGER-CLE~K / ?? ORDINANCE NO. 89/25 AN ORDINANCE OF THE BOARD OF COMMISSIONERS ADOPTING SUPPLEMENT NUMBER 15 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. 15. NOW, THEREFORE, BE IT ORDAINED by the Board Commissioners of the City of University Park, Texas: of SECTION I THAT, Supplement No. 15 (which contains all Ordinances through Ordinance No. 89/16 of May 2, 1989, and all Zoning Ordinance amendments through Ordinance No. 88/7 [Amendment No. 4] of December 6, 1988) is hereby adopted. SECTION II THAT, for Supplement No. 14 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 7th day of September, 1989. CI~AGER- CL~RK / ORDINANCE NO. 89/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF UNIVERSITY PARK; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED 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, 1989, 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) On the terms and conditions set out in Section 63.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1989, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 63.601. (c) 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. Effective Date. Subject to approval by the Board of Trustees of the Texas Municipal Retirement System, the updated service credits granted hereby shall be and become effective on the 1st day of January, 1990. PASSED AND APPROVED this the 3rd day of October, 1989. CITY ~AGER-CLERK ' ~A ~lq.l~- C~T,~I~ / ORDINANCE NO. 89/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNI- VERSITY PARK BY AMENDING CHAPTER 5, "FIRE PROTEC- TION,'' SECTION 1G, AND AMENDING SECTION 10.207 OF THE 1988 UNIFORM FIRE CODE BY AUTHORIZING THE CHIEF OF POLICE AND FIRE TO DESIGNATE FIRE LANES ON PUBLIC AND PRIVATE PROPERTY WITHIN THE CITY; PROVIDING FOR THE IMPOUNDMENT OF VEHICLES FOUND BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I That Chapter 5, Section 1G, of the Code of Ordinances, City of University Park, Texas, is hereby amended in part by adding Subsections (12) (a),(b), and (c), to read as follows: "SECTION 1: UNIFORM FIRE CODE AMENDMENTS MADE IN THE UNIFORM FIRE CODE Section 10.207 (12) Designation and Marking of Fire Lanes on Public and Private Property. (a) The Chief of Police and Fire or Fire Marshal shall have the authority to designate existing streets and access ways on public or private property as fire apparatus access roads in accordance with Section 10.207 of the 1988 Uniform Fire Code, where the Chief or Fire Marshal determines that a condition exists on public or private property which requires such a road due to the possible impairment by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access to property by fire apparatus in the event of an emergency. (b) Any such fire apparatus access road designated by the Chief or Fire Marshal in accordance with Subsection (a) above shall be marked in accordance with Subsection (11) above. (c) The Chief or his duly authorized representa- tive is authorized to cause such roads to be maintained free of obstructions in any manner provided in Subsection (10) above. 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 violating any of the provisions of this ordinance or the Code of Ordinances, as amended hereby, shall be subject to the penalties provided in Subsection J, Section 1, Chapter 5, "Fire Protection," of the Code of Ordinances of the City of University Park. SECTION V This ordinance after its passage required by law. shall take effect immediately from and and the publication of the caption as PASSED AND APPROVED this 3rd of October, 1989. CITY M~GER- CLERK ORDINANCE NO. 88/7 (AMENDMENT NO. 6) 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 PLUMBING FIXTURES IN AN ACCESSORY BUILDING IN A SINGLE FAMILY DWELLING DISTRICT ON PROPERTY DESCRIBED AS LOT 18, BLOCK 10, CARUTH HILLS ADDITION TO THE CITY OF UNIVERSITY PARK; PROVIDING SPECIAL CONDITION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 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, has 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 he amended;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, be, and the same is hereby amended by amending the Zoning Map of the City of University Park to grant a Specific Use Permit for the installation of plumbing facilities in an existing two (2) story accessory structure on property zoned for Single Family Dwelling District uses, said property being described as Lot 18, Block 14, Caruth Hills Addition to the City of University Park, and being more commonly known as 3124 Purdue Street. SECTION II 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: There may be constructed in the accessory structure one (1) tub/shower, one (1) commode, one (1) lavatory, and one (1) hot water heater. That structure be limited to an exercise room/guest quarters or servant quarters for members of the family residing at 3124 Purdue Street. Ce 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 3124 Purdue Street. SECTION III 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 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 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 of 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 much cases provides. DULY PASSED AND APPROVED by the Board of Commissioners of City of University Park, Texas, on the 3rd day of October, 1989. CI T~/M~AGER- CLERK~'~ ORDINANCE NO. 88/7 (AMENDMENT NO. 7) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIAL USE PERMIT FOR THE PROPERTY DESCRIBED AS PART OF LOT 6, BLOCK 7, UNIVERSITY PARK ESTATES ADDITION, RECORDED IN VOLUME 2, PAGE 189, ACCORDING TO THE MAP OR PLAT RECORDS OF DALLAS COUNTY, TEXAS, KNOWN AS 8909 VASSAR DRIVE, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN AN ACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, having given the requisite notices by publication and otherwise, and having held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be and the same is hereby amended by amending the Zoning Map of the City of University Park so as to grant a Specific Use Permit for kitchen, cooking, and food preparation facilities on each floor of a two-story accessory building to be occupied by full-time domestic servants or immediate family members on the property identified as part of Lot 6, Block 7, University Park Estates Addition, recorded in Volume 2, Page 189, according to the Map or Plat Records of Dallas County, Texas, and known as 6909 Vassar Drive, University Park, Texas. SECTION 2. That the granting of this zoning classification is subject to recording of Deed Restrictions volunteered by the owners pursuant to which no accessory building on the property shall be used for rental purposes or barter exchange, which shall be occupied only by immediate family members and/or full time domestic servants, and which restrict the property to single family residential uses only, all in accordance with the Comprehensive Zoning Ordinance of the City of University Park. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. DULY PASSED by the City Council of the City of University Park, Texas, on the 9th day of November, 1989. ATTEST: CITY SECRETARY ORDINANCE NO. 88/7 (AMENDMENT NO. 8) AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 14-204 OF THE COMPREHENSIVE ZONING ORDINANCE TO PROVIDE A MAXIMUM HEIGHT OF BUILDINGS OF ONE HUNDRED TWENTY (120) FEET IN THE UNIVERSITY MAIN CAMPUS DISTRICT; AMENDING SECTION 15-400 TO PROVIDE MINIMUM SIDE AND REAR YARDS FOR BUILDING WALLS CONSTRUCTED IN THE UNIVERSITY CAMPUS DISTRICT ADJACENT TO THE BOUNDARY OF A SINGLE FAMILY OR DUPLEX DISTRICT; AMENDING SECTION 24-300 TO PROVIDE PARKING REQUIREMENTS IN NON-RESIDENTIAL DISTRICTS OTHER THAN UC-1 AND UC-2; AMENDING SECTION 24-301 BY DELETING SUBSECTION (5) AND RENUMBERING THE BALANCE OF SUBPARAGRAPHS; AMENDING SECTION 24 BY ADDING 24-500 TO PROVIDE PARKING REQUIREMENTS IN THE UC-1 AND UC-2 DISTRICTS; PROVIDING FOR AN ANNUAL PARKING PLAN TO BE SUBMITTED BY SOUTHERN METHODIST UNIVERSITY FOR THE UC-1 AND UC-2 DISTRICTS; PROVIDING FOR THE ADDITION OF PARKING FOR NEW CONSTRUCTION; PROVIDING FOR THE LOCATION OF REPLACEMENT SPACES; AUTHORIZING ONE-THIRD (1/3) OF THE SPACES IN EACH PARKING LOT TO BE SMALLER SPACES; AUTHORIZING PARKING GARAGES; PROVIDING PARKING FOR OWNBY STADIUM; REQUIRING A WRITTEN PLAN FOR REMOTE PARKING FOR OWNBY STADIUM; REGULATING CONSTRUCTION OF PARKING SPACES; REQUIRING SITE PLAN APPROVAL FOR REMOVAL OR REDUCTION OF PARKING SPACES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, having given the requisite notices by publication and otherwise, and having held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 14-204 to read as follows: "14-204 HEIGHT REGULATION The maximum height of buildings constructed in the Main Campus area shall be one hundred twenty (120) feet provided that special setback as established in Section 14-206(3) is observed from the district boundary." SECTION 2. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 15-400 to add thereto Subsection (3) to read as follows: "15-400 OTHER REGULATIONS (3) Side and rear yard requirements for a building wall constructed adjacent to the boundary of Single Family or Duplex Districts shall be increased one (1) foot for each two (2) feet that a building erected on a site adjacent to the Single Family or Duplex Districts exceeds thirty-five (35) feet. This setback and height restriction shall not be applied if a public street exists between the UC-2 District property and the Single Family or Duplex District." SECTION 3. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 24-300 to read as follows: "24-300 PARKING REQUIREMENTS IN NON-RESIDENTIAL DISTRICTS OTHER THAN UC-1 AND UC-2" SECTION 4. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same a hereby, amended by deleting therefrom Subparagraph (5) of Section 24-301, "Parking Space Schedule," and by renumbering the balance of the subparagraphs after said Subparagraph (5). SECTION 5. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by adding thereto Section 24-500 to read as follows: "24-500 PARKING REQUIREMENTS IN UC-1 AND UC-2 (1) The following population numbers are to be full-time equivalents (FTE) as defined by Southern Methodist University. The University shall be required to provide and maintain .5 parking spaces per each person of the larger of the daytime or the evening population of the University. If either the University daytime or evening population increases to more than 9,770, the University shall be required to provide new parking spaces in the proportion of .5 parking spaces for each additional person over 9,770. If either of these populations decreases, the University shall be required to maintain at least 5,179 total spaces. To verify that there are 5,179 parking spaces on the campus, the University shall submit annually a map of the UC-1 and the UC-2 Districts indicating the total number of spaces for each parking area. Accompanying the map shall be a summary of the spaces with locations specified and a summary of the annual maximum evening and daytime populations of the University for the immediately preceding year. The map and summaries shall be filed and registered with the Building Department of the City, and once verified, shall become a part of the University's Annual Parking Report to the City. Thereafter, whenever for any reason a parking space is eliminated anywhere in the UC-1 or UC-2 Districts, the University shall concurrently add a replacement space within the UC-1 or UC-2 Districts, provided such replacement space is within three hundred (300) feet of the location of the eliminated space, except as otherwise provided herein. Spaces in the UC-1 District, existing as of the effective date of this section and included within the 5,179 parking spaces shown on the map submitted by the University, which are eliminated after the effective date of this section may be replaced by spaces in the UC-2 District, provided that the replacement spaces are not more than three hundred (300) feet from the eliminated spaces. Replacement spaces provided under this section and after the effective date of this section may not be replaced except by spaces within three hundred (300) feet of the original space in the UC-1 District. Additional and replacement spaces shall be included in the annual map and summary to be submitted by the University pursuant to this section. This summary shall contain a section explaining the replacement of spaces existing as of the effective date of this section with new spaces and shall include the number of new spaces and their distances from the eliminated spaces. On or before June 30, 1990, and annually thereafter on or before the same date, the University shall submit to the Building Department of the City an Annual Parking Report in accordance with the provisions of this section. If the Annual Parking Report demonstrates full compliance with the requirements of this section, it shall be received and filed by the Building Department and acknowledgment given the University of such compliance. In the event violations of this section exist or are demonstrated by the report, the Building Department shall give notice in writing of such violation to the University immediately. Upon receipt of such notice, the University shall, within thirty (30) days either: (a) demonstrate to the satisfaction of the Building Department that the University is in compliance with the requirements of this section; or submit a plan satisfactory to the Building Department for the correction of the violation within a reasonable period of time, not to exceed sixty (60) days, acceptable to the Building Department. Upon acceptance of the plan, the University shall be obligated to follow the plan to completion to correct such violation within the time allowed. In the event the University fails or refuses to comply with the provisions of this section or the plan submitted and approved by the Building Department, it shall be subject to all the penalties provided by law including, but not limited to, fines and penalties as provided by law, the right of the City to seek injunction relief, the withholding of building permits for any construction by the University directly related to the parking violation which may exist, the withholding of any certificate of occupancy for any building directly related to the parking violation which may exist, and other remedies as may be authorized by law to the City. Concurrently with the submission of the Annual Parking Report, the University shall also submit the University's operational plan for the shuttle bus system to be implemented the following academic year and a statement describing the utilization of the shuttle bus system under the current operational plans. Ail parking spaces in the UC-1 and UC-2 Districts are to comply with the definition of parking space, off-street, in Section 31-102(66). One-third (33-1/3%) of the spaces (in each lot) may be smaller spaces designated for small size cars. New parking lots or parking structures built by the University in the UC-1 or UC-2 Districts after June 30, 1989, and having two hundred (200) spaces or more, may be kept as a credit for the required parking for new or replacement spaces within six hundred (600) feet of the new parking lot or parking structure. New parking lots or parking structures having less than two hundred (200) spaces may be kept as a credit for the required parking for new or replacement spaces within three hundred (300) feet of the new parking lot or parking structure. (2) New Non-residential Construction. In the UC-1 and UC-2 Districts, the University shall be required to provide one (1) new parking space for each two (2) faculty or staff persons who will occupy a new facility for office, classroom, or any other similar non-residential purpose. The parking spaces required under this section shall be provided whether or not these faculty or staff persons will increase the daytime population of the University pursuant to this section. In addition to the parking spaces required above for faculty and staff persons, the University shall be required to provide one (1) new parking space for each four hundred (400) feet of new instructional or research space (for purposes of this section, instructional or research space shall include the following: classrooms, lecture halls, seminar rooms, studio space for performing and visual arts, multi-media rooms, computer laboratories, language and video laboratories, laboratories for instruction, laboratories for basic and applied research, practice rooms and carrels, meeting rooms, reading rooms, and gallery or museum rooms) contained within such new non-residential construction, provided however, that the Public Works Director may waive this requirement if he determines that each of the following conditions has been met: (a) The new construction is an enhancement of an existing University program at the same location, (b) University programs to be offered in the new facility will not require substantially increased use either by students or non-University personnel, (c) The be and new non-residential construction is intended to a replacement for an already existing facility, (d) The new facility will be used for parallel or equivalent programs to those that were in existence in the facility being replaced. Ail parking required for new construction, with the exception of parking garages having two hundred (200) or more spaces built after June 30, 1989, shall be located no more than three hundred (300) feet from the new construction. Ail parking provided in conjunction with new construction shall be included in the Annual Parking Report pursuant to this section. (3) New Residential Construction. (a) The University shall provide one (1) parking space for each two (2) persons to be housed in new residential facilities such as dormitories, fraternity or sorority houses, or other residential units, plus one (1) space for each house director to be housed in any such facility, plus two (2) spaces for loading for each such facility. (b) Ail parking required for new residential construction, with the exception of parking garages having two hundred (200) or more spaces and built after June 30, 1989, shall be located no more than three hundred (300) feet from the new construction. Ail parking provided in conjunction with new construction shall be included in the Annual Parking Report pursuant to this section. (4) Parking for Ownby Stadium. Parking spaces provided under (1) hereof are in compliance with parking space requirements for an Ownby Stadium seating capacity of 16,864, provided no spaces are eliminated without being replaced. Ownby Stadium may be maintained, improved or reconstructed, without the requirement of additional parking, provided there are no additional seats added. For every four (4) additional seats added, in addition to the seating capacity of 16,864, one (1) additional parking space will be provided. The parking spaces so added will be in addition to the parking spaces required under (1) hereof. In the event sufficient additional parking spaces are not provided in UC-1 and UC-2 Districts, the number of additional required spaces may be provided at no charge at a remote location. Prior to hosting events at which more than 16,864 attendees are expected, a written plan for the use of remote parking shall be submitted to the Building Official and the City Attorney for review in accordance with the requirements of this section. The intent of the requirement of a written plan for remote parking is to provide adequate parking for the use of Ownby Stadium when it is utilized for playing intercollegiate football games and hosting other University sponsored events. The plan shall be considered approved if notice of approval is given in writing by the Building Official. In the event the Building Official shall fail to approve the plan within fifteen (15) days of its submission, the University may submit the plan to the Planning and Zoning Commission for review and then to the City Council for approval or denial. The Building Official and the University shall review the operation of the plan annually. The plan may be amended from time to time by the University with the approval of the Building Official and the City Attorney. The plan shall provide the following: (a) Events shall be limited to collegiate activities sponsored and approved by SMU. Any event the primary purpose of which is to provide musical entertainment over an electronically amplified speaker system shall not be permitted in Ownby Stadium. (b) Binding contracts with remote parking spaces. the providers of the (c) Free shuttle parking and and schedules. bus service to Ownby from remote return. Description of bus routes (d) Description of how the University plans: to inform the public attending the events of the remote parking, to locate appropriate signage directing the attending public to the remote parking, and 3. to provide advance notice to visiting colleges and universities· (e) Location and operation of a command post which shall make provision for assistance to the attending public for emergency services and recovery of towed vehicles. (f) Adequate security and traffic control personnel. (5) Construction of Parking Spaces. Parking spaces or surfaced parking areas shall not 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 (1) parked vehicle in order to utilize such spaces, shall be counted as a single parking space in computing off-street parking. (6) Site Plan Approval Required for Removal or Reduction of Parking Spaces. (a) In the UC-1 District, removal or reduction of any featured required parking spaces or area shall not be undertaken until a site plan delineating such proposed removal or reduction and provisions for replacement of such spaces or area are reviewed and approved by the Building Official. (b) In the UC-2 District, removal or reduction of any off-street required parking spaces or area shall not be undertaken until a site plan delineating such proposed removal or reduction and provision for replacement of such spaces or area is reviewed and approved by the Building ~!ficial." SECTION 6. 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 7. 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 8. 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 9. 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 City Council of the City of University Park, Texas, on the 9th day of November, 1989. ATTEST: CITY SECRETARY ORDINANCE NO. 89/28 AN ORDINANCE OF THE COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS DESIGNATING A FOUR-WAY STOP INTERSECTION AT UNIVERSITY BOULEVARD AND DUBLIN STREET AND PROVIDING A PENALTY. BE IT ORDAINED BY UNIVERSITY PARK, TEXAS: That in accordance Ordinances of the City following action is taken: (1) That all of the south on Dublin the intersection Boulevard. THE CITY COUNCIL OF THE CITY OF SECTION I. with Chapter 10, Section 14, Code of of University Park, Texas, the traffic approaching from north or Street shall stop prior to entering of Dublin Street and University (2) That all traffic approaching from east or west on University Boulevard shall stop prior to entering the intersection of University Boulevard and Dublin Street. (3) That University Boulevard and Dublin 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. Chapter 1, Section Section 6, Severability shall apply. SECTION II 5, General Penalty Provisions, and of Parts of the Code of Ordinances, PASSED AND APPROVED this 5th day of December ATTEST: CITY SECRETARY ORDINANCE NO. 89/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, SECTION 23 OF THE CODE OF ORDINANCES 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 CITY COUNCIL 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 TELECOMMUNICATION SERVICES SERVICE FEES ON 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 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. 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 secretary shall 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 Council's 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. E 9-1-1 EMERGENCY SERVICE FEE (1 There is hereby imposed on each telephone subscriber's local exchange access line, or its 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 1/26/88 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.) (2 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. (3 A fee may not be imposed upon more than one hundred (100) local exchange access lines per telephone subscriber per location; nor 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. (4) 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 Council 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. (5 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 services fees; nor will it be obligated to disconnect any subscriber's telephone service for failure to pay the emergency service fees. (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 he 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 unconstitutional, 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 5th day of December, 1989. ATTEST: oR u CITY SECRETARY ORDINANCE NO. 89/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROVIDING FOR THE TAXATION OF CERTAIN ITEMS OF TANGIBLE PERSONAL PROPERTY AS AUTHORIZED BY ARTICLE VIII, SECTION 1-j OF THE TEXAS CONSTITUTION AND SECTION 11.251 OF THE TEXAS PROPERTY TAX CODE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII, of the Texas Constitution was amended by adding Section 1-j to provide for the local option exemption of taxation of the appraised value for ad valorem taxation of certain tangible personal property; and, WHEREAS, the City desires to provide for the taxation of all of the appraised value of such tangible personal property under Section 11.251 (i) of the Property Tax Code and Article VIII, Section 1-j of the Texas Constitution; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. That under the authority granted to the City by the provisions of Article VIII, Section 1-j of the Texas Constitution, and Section 11.251 (i) of the Texas Property Tax Code, goods, wares, merchandise, other tangible personal property, and ores, other than oil, natural gas, and other petroleum products, that are (1) acquired in or imported into the State of Texas to be forwarded outside the State of Texas, whether or not the intention to forward the property outside the State of Texas is formed or the destination to which the property is forwarded is specified when the property is acquired in or imported into the State of Texas, (2) detained in the State of Texas for assembly, storing, manufacturing, processing or fabricating purposes, or used by the person who acquired or imported the property, or the repair or maintenance of aircraft operated by a certificated air carrier, and (3) transported outside the State of Texas not later than 175 days after the date the person acquired or imported the property into the State of Texas, shall be subject to ad valorem taxation by the City of University Park, effective January I, 1990. SECTION 2 Ail ordinances or parts of ordinances of the City of University Park in conflict with the provisions hereof are hereby repealed, and all other provisions of said ordinances shall remain in full force and effect. SECTION 3 If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4 This ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on this the 5th day of December, 1989. ATTEST: CITY SECRETARY APPROVED: ORDINANCE NO. 89/31 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK AS HERETOFORE AMENDED, BY AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP TO GRANT 0-1, OFFICE DISTRICT, ZONING FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF FOR ALL PURPOSES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifica- tions and changes, having given the requisite notices by publication and otherwise, and having held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant O-1, Office District, zoning on the property described in Exhibit "A" attached hereto and made part hereof for all purposes the same as if fully copied herein, and more commonly known as 2601-39 Fondren Drive, University Park, Texas. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of December, 1989. APPROVED: ATTEST: CITY SECRETARY EXHIBIT "A" BEING part of the JEFFERSON TILLEY SURVEY, ABSTRACT NO. 1480, Dallas County, Texas, and being part of a tract conveyed by George P. Cullum, et al, to Mable Robb Cook, by deed dated 5/11/52, and filed 5/27/52 in Deed Records, Dallas County, Texas, and described more particularly as follows: BEGINNING in the intersection of the corporation dividing line between the City of Dallas and the City of University Park, both in Dallas County, Texas, and the South line Fondren Drive, a 50 ft. wide street, and said point being 250.0 feet measured along the said line of Fondren Drive from its intersection with the West line of Greenville Avenue, a 100 ft. wide street, and said beginning point also being 428.04 feet Easterly measured along the said line of Fondren Drive from its intersection with the Interchange, and said intersection being the Northeast corner of a 0.42 acre tract conveyed to T. and N.O. Railway, and filed 1/22/51 in said Deed Records. THENCE South 0 deg. 13 min. West, and parallel to the said West line of Greenville Avenue, a distance of 311.2 feet to a point in the North line of a 15.0 feet wide alley dedicated in University Hill, First Installment and filed in Vol. 3, page 96, of the Map Records of Dallas County, Texas; THENCE North 89 deg. 43 min. West, and with the North line of said alley which is also the South line of said J. Tilley Survey, Abstract No. 1480, a distance of 202.26 feet to a point for corner; and said point being 241.31 feet measured along the North line of said alley from its intersection with the said Easterly right of way line of said H. and T.C. Railway Interchange, and said point being the Southeast corner of said 0.42 acre tract; THENCE North 0 deg. 04 min. East, a distance of 310.51 feet to a point in the said South line of Fondren Drive; THENCE South 89 deg. 55 min. East, and with said South line of Fondren Drive, a distance of 203.04 feet to the Place of Beginning, and containing 62,994 square feet of land. SAVE AND EXCEPT the following described tract of land: Being a tract Abstract 1480, tract conveyed Park. of land out of the Jefferson Tilley Survey, Dallas County, Texas and being a part of the by Roy C. Coffee to the City of University Beginning at a point in the South line of Fondren Drive 225.95' East along Fondren Drive from the Northeast corner of the tract of land called Interchange Tract conveyed to the Texas & New Orleans Railroad Company by deed filed January 22, 1951 in Deed Records of Dallas County, Texas; THENCE South along the East property line of a tract of land owned by James F. Jarrell and Melton L. Jarrell (Jarrell Properties) a distance of 310.51 feet to a point in the North line of a 15' alley; THENCE East along the North line of said 15' alley a distance of 25 feet; THENCE Northerly and parallel to the East line of Jarrell Properties property, a distance of approximately 310 feet to a point in the South line of Fondren Drive; THENCE West along the South line of Fondren Drive a distance of 25 feet to the point of beginning. Containing approximately 7750 square feet more or less. ORDINANCE NO. 89/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK AS HERETOFORE AMENDED, BY AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 1, BLOCK 5, UNIVERSITY PARK ESTATES REVISED ADDITION, ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 2, PAGE 189, MAP OR PLAT RECORDS OF DALLAS COUNTY, TEXAS, KNOWN AS 4034 UNIVERSITY BOULEVARD; FOR CONSTRUCTION OF AN EIGHT (8) FOOT BRICK FENCE AND EIGHT (8) FOOT, TEN (10) INCH BRICK COLUMNS ON THE WEST SIDE OF THE PROPERTY ABUTTING PRESTON ROAD; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, having given the requisite notices by publication and otherwise, and having held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Specific Use Permit for the construction of an eight (8) foot brick fence with columns of eight (8) feet, ten (10) inches on the west side of the following described property abutting Preston Road, such property being described as Lot 1, Block 5, University Park Estates Revised Addition, according to the Map thereof recorded in Volume 2, Page 189, Map or Plat Records of Dallas County, Texas, and more commonly known as 4034 University Boulevard, University Park, Texas. SECTION 2. That this Specific Use Permit is granted pursuant to the noise abatement provisions of Section 23.102 of the Comprehensive Zoning Ordinance available to single family dwellings which abut high automobile and truck traffic thoroughfares, including Preston Road, and which authorizes additional heights of walls, fences, and related structures for screening of noise and visual clutter, and which is granted subject to the condition that the fence and columns described above shall not impair or obstruct the vision of traffic entering the site or traveling adjacent to the site. 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 force and effect. of this ordinance shall remain in full SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 6. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 5th day of December, 1989. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO. 90/1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR-WAY STOP INTERSECTION AT SOUTHWESTERN BOULEVARD AND THACKERAY STREET AND PROVIDING A PENALTY BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I That, in accordance with Chapter 10, Section 14, Code of Ordinance of the City of University Park, Texas, the following action is taken: (i) That all of the traffic approaching from north or south on Thackeray Street shall stop prior to entering the intersection of Southwestern Boulevard and Thackeray Street. (2) That all traffic approaching from east or west on Southwestern Boulevard shall stop prior to entering the intersection of Thackeray Street and Southwestern Boulevard. (3) That Southwestern Boulevard and Thackeray 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. Chapter 1, Section Section 6, Severability shall apply. SECTION II 5, General Penalty Provisions, and of Parts of the Code of Ordinances, PASSED AND APPROVED this 1990. ATTEST: CITY SECRETA~ 4th day of January ORDINANCE NO. 90/2 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 10, CODE," SECTION 14, TO AUTHORIZE THE OF PUBLIC WORKS TO DETERMINE AND "TRAFFIC DIRECTOR DESIGNATE PROVIDING PROVIDING PERSON TO PROVIDING CONFLICT; PROVIDING LOCATION FOR THE THAT IT DISOBEY FOR THE OF STOP SIGNS AND YIELD SIGNS; ERECTION OF APPROPRIATE SIGNS; SHALL BE AN OFFENSE FOR ANY THE DIRECTION OF SUCH SIGNS; REPEAL OF ALL ORDINANCES IN PROVIDING A SEVERABILITY CLAUSE; A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. THAT, Chapter 10, "Traffic Code," of the Code of Ordinances, City of University Park, Texas, is hereby amended in part by amending Subsection 14 to read as follows: "SECTION 14: STOP AND YIELD INTERSECTIONS The Director of Public Works is hereby authorized to determine and designate intersections where a particular hazard exists and determine whether vehicles shall stop at one or more entrances to such intersections, and shall erect a stop sign at every such place where a stop is required. Stop signs shall be installed only at those locations determined to meet the "warrants" (criteria) in the current edition of the Texas Manual on Uniform Traffic Control Devices. When stop signs have been erected as provided herein, or by state law, no driver of a vehicle shall disobey the directions of such signs. In addition, the Director of Public Works is hereby authorized to determine and designate intersections where a particular hazard exists and determine whether vehicles on one of the intersecting streets shall yield the right-of-way to vehicles on the other street and to erect a yield right-of-way sign or a yield sign at every such place where required. Yield signs shall be installed only at those locations determined to meet the "warrants" (criteria) established in the current edition of the Texas Manual on Uniform Traffic Control Devices. When yield signs have been erected as provided herein, or by state law, no driver of a vehicle shall disobey the directions of such signs." SECTION II. THAT Chapter 10, "Traffic Code," of the Code of Ordinances, City of University Park, Texas, is hereby amended in part by adding the following sentence to Section I thereof, such addition to read as follows: "SECTION 1: UNIFORM ACT ADOPTED Notwithstanding the general penalty provisions of Chapter 1 of this Code, any violation of any portion of the Uniform Act Regulating Traffic on Highways or of this chapter, Sections 1 through 20, shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00), as specifically provided by Section 143 of the Uniform Act." 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. 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 provides. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of February, 1990. ~N-~.- kbACH, ~AYOR ATTEST: BOBBIE SHARP, RY ORDINANCE NO. 90/3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, DESIGNATING A FOUR-WAY STOP INTERSECTION AT TURTLE CREEK BOULEVARD AND THACKERAY STREET AND PROVIDING A PENALTY BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I That, in accordance with Chapter 10, Section 14, Code of Ordinance of the City of University Park, Texas, the following action is taken: (i) That all of the traffic approaching from north or south on Thackeray Street shall stop prior to entering the intersection of Turtle Creek Boulevard and Thackeray Street. (2) That all traffic approaching from east or west on Turtle Creek Boulevard shall stop prior to entering the intersection of Thackeray Street and Turtle Creek Boulevard. (3) That Turtle Creek Boulevard and Thackeray 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. Chapter 10, 6, Severability apply. SECTION II Section 1, Penalty Provisions, and Section of Parts of the Code of Ordinances, shall PASSED AND APPROVED this 6th day of February, 1990. ATTEST: ORDINANCE NO. 90/4 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 1, BLOCK N, UNIVERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, TEXAS, RECORDED IN VOLUME 3, PAGE 383, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, KNOWN AS 3468 STANFORD; FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN AN ACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF 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 so as to grant a Specific Use Permit for kitchen, cooking, and food preparation facilities in a one-story accessory building to be occupied by full-time domestic servants or immediate family members on the property identified as Lot 1, Block N, University Heights Addition Revised, an Addition to the City of University Park, Texas, recorded in Volume 3, Page 383, of the Map Records of Dallas County, Texas, and known as 3468 Stanford, University Park, Texas. SECTION II. THAT the granting of this zoning classification is subject to the special condition that such accessory building on the property shall not be used for rental purposes or barter exchange, shall be occupied only by immediate family members and/or full-time domestic servants, and shall be restricted to single family residential uses only, all in accordance with the Comprehensive Zoning Ordinance of the City of University Park. SECTION 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 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 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 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 City Council of the City of University Park, Texas, on the 6th day of February, 1990. APPROVED: ATTEST: 109 ORDINANCE NO. 90/5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 11, BLOCK 13, UNIVERSITY HEIGHTS NO. 2 ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 4, PAGE 232, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, KNOWN AS 3230 SOUTHWESTERN BOULEVARD, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN AN ACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 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 so as to grant a Specific Use Permit for kitchen, cooking, and food preparation facilities in a two-story accessory building to be occupied by full-time domestic servants or immediate family members on the property identified as Lot 11, Block 13, University Heights No. 2 Addition, an Addition to the City of University Park, Texas, according to the plat thereof recorded in Volume 4, Page 232, of the Map Records of Dallas County, Texas, and known as 3230 Southwestern Boulevard, University Park, Texas. SECTION II. THAT the granting of this zoning classification is subject to the special condition that such accessory building on the property shall not be used for rental purposes or barter exchange, shall be occupied only by immediate family members and/or full-time domestic servants, and shall be restricted to single family residential uses only, all in accordance with the Comprehensive Zoning Ordinance of the City of University Park. SECTION 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. 1t0 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 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 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 City Council of the City of University Park, Texas, on the 6th day of February, 1990. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO. 90/6 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ESTABLISHING A SPECIAL SIGN DISTRICT FOR THE PLAZA AT UNIVERSITY PARK; PROVIDING CONDITIONS; AUTHORIZING THE ERECTION OF CERTAIN TYPES OF SIGNS; PROHIBITING CERTAIN TYPES OF SIGNS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR THE EXPIRATION OF SIGN PERMITS; PROVIDING FOR THE TERMINATION OF THE SPECIAL SIGN DISTRICT THREE (3) YEARS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Design and Development Advisory Committee of the City has considered a request for a special exception to Chapter 12 of the Code of Ordinances of the City submitted by the owner of a particular, clearly defined and identifiable portion of a commercial or retail area, to provide for signage for such area as part of an overall graphics program; and WHEREAS, the request was accompanied by a plan providing such details and specifications as the Committee required, including information with respect to ownership, proposed lighting, type, location, and size of signs; and WHEREAS, the Committee is of the opinion that 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, and has recommended to the City Council of the City that a Special Sign District be established for such area, permitting signs and other graphics in accordance with the plan; and WHEREAS, the City hearing with regard to the opinion and finds created; NOW, THEREFORE, Council has provided notice and a public such request and recommendation and is of that such Special Sign District should be BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. That the Urban Design and Development Advisory Committee has considered a request for a Special Sign District under the provision of Chapter 12, Section 6, of the University Park City Code, from the owner of the Plaza at University Park to provide signage as part of an overall graphics program, and such program has been approved by the Committee as beneficial to the public health, safety, and general welfare and in the interest of the City. The City Council therefore hereby determines that a Special Sign District shall be established for the area described as Blocks A, B, C, D, E, F, G, H, and J, Varsity Village Addition to the City of University Park, Texas, known as the Plaza at University Park, upon the following terms and conditions: A. That the area covered by this Special Sign District as described above is shown in Attachment A attached hereto and made part hereof for all purposes. That such area is completely within the Shopping Center Zoning District. B. The following signs shall be permitted in this Special Sign District: 1. Projecting signs not exceeding ten (10) square feet in area may be utilized as secondary business identifica- tion signs. Such projecting signs may be mounted or erected in a location along the street frontage of the business in keeping with the overall design of the storefront, preferably at or near the principal entrance of the business. Only one (1) projecting sign per ground floor business shall be allowed. Projecting signs may be constructed of metal, wood, or fiber glass with a matte finish. 2. If property to be sold or leased includes a building with glass frontage, real estate signs with an aggregate area of six (6) square feet for each thirty (30) feet of frontage per building face may be placed behind the glass. The maximum area for a sign may not exceed twenty (20) square feet. Such sign or signs shall be in lieu of any other real estate signs on the site. 3. Outside exposed neon or other gas-filled, luminous tube signs will be permitted as business identification signs only for restaurants and other entertainment-oriented establishments. Neon may be used only for business identification signs and may not be decorative purposes such as outlining architectural features. Only one (1) neon sign per building face per tenant lease will be permitted, the total area of which may not exceed seventy-five (75%) percent of the area allowable for signs composed of individual letters as described in Section 3, Paragraph D, "Business Identification used for Signs," of Chapter 12 of the Code of Ordinances of the City of University Park. 4. Ground signs and wall signs naming the shopping center and/or containing its address will be permitted for the streets on which the shopping center fronts, to wit: Northwest Highway and Preston Road. One wall sign will be permitted for each of these streets and shall not exceed one hundred (100) square feet in area or be located less than fourteen (14) feet above grade. These signs shall be placed on the architectural towers on Buildings B and C as shown on Attachment B attached hereto and made part hereof for all purposes. One ground sign will be permitted for each of these streets and shall not exceed thirty-five (35) square feet for each sign face or fifteen (15) feet in height. One (1) of each of these signs will be located at the corner of Northwest Highway and Pickwick Lane and one at the corner of Preston Road and Wentwood Drive. Ail of such signs as are placed in the public right-of-way shall be so placed pursuant to a license agreement to be entered into between the owner of the property and the City of University Park after approval by the City Council. 5. Temporary signs with messages like "Grand Opening," "Coming Soon," "Remodeling, Pardon the Inconvenience," and "Relocating" may 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 percent (25%) of the area permitted for a business identification sign pursuant to Section 3, Paragraph D, of Chapter 12 of the Code of Ordinances of the City of University Park. The letters or numbers making up such sign shall not exceed twelve (12) inches in height, and prices shall not be advertised on such signs. These temporary signs must he placed a minimum of two (2) feet behind the glass. 6. Signs inside buildings that include such information as store hours, trade association memberships, and the like may be displayed only in the form of individual adhesive vinyl letters, screen-printed letters, or gold leaf letters applied to the inside of the glass storefront and not exceeding three-fourths (3/4) inch in height. 118 Such signs shall be limited to a total of one hundred fifty (150) square inches facing the street on which the building fronts or abuts. Signs or emblems indicating acceptability of credit cards will not be permitted. Vacuum-formed, plastic signs for the display of "Open" and "Closed" and store hours will not be permitted. 7. A series of special banner type displays will be permitted in accordance with the sign site plan, Attachment A. These banners will be located in the public right-of-way along the streets inside the center and not along the perimeter streets of Preston Road, Pickwick Lane, Wentwood Street, and Northwest Highway. The banners will be erected in the size and at the height shown on Attachment F attached hereto and made part hereof for all purposes. These banners are intended for the display of seasonal and promotional imagery and information relating to the shopping center. They may not be used for advertising specific tenants or products. All banners and banner supports will be maintained by the shopping center management so as to be structurally safe, clean, and in a good state of maintenance and repair. The placement of such banners and banner supports will be in accordance with the license agreement referred to above. 8. One (1) primary identification sign in the form of either a wall sign composed of individual letters or a sign placed on the large, angled portion of an awning shall be permitted. Two (2) secondary identification signs in the form of a projecting sign, a sign on the valance of an awning, or a window sign shall be permitted as secondary identification signs, provided that a sign may not be permitted on the valance of an awning as a secondary identification sign if a sign is placed on the large, angled portion of an awning as the primary identification signs may be displayed only once on the valance of each awning. See Attachment D attached hereto and made part hereof for all purposes. 9. Primary identification signs for the following tenants will be allowed to remain installed in their present size, number and configuration even though the signs do not meet the requirements of Chapter 12 of the Code of Ordinances of the City of University Park or the provisions of this Special Sign District Ordinance, to wit: Taylor's Books, Hunter Bradley, Linz Jewelers, and Mark Shale. Should any of these signs be replaced or changed in any way from their present size, number, and configuration, they shall become nonconforming signs and shall be subject to the provisions of Section 1, Paragraph J, Chapter 12 of the Code of Ordinances of the City of University Park. 10.Two (2) special project identification signs will be permitted in accordance with the drawings attached hereto as Attachment G and made part hereof for all purposes. These signs will be erected at the locations authorized on Attachment A and maintained by the owner for a period of two (2) years from the date of the adoption of this Special Sign District Ordinance and will, at the end of said two (2) year period, be removed by the owner and no longer be permitted signs under the provisions hereof or under the nonconforming provisions of Chapter 12 of the Code of Ordinances of the City of University Park. il.Distinctive traffic regulatory signs such as are depicted in Attachment E attached hereto and made part hereof for all purposes will be permitted in the District, provided any such signs comply with the requirements of the Texas Manual of Control Devices and have the prior Director of Public Works. Uniform Traffic approval of the C. The following described signs will be prohibited in the Special Sign District, to wit: 1. Internally illuminated awnings, with or without signage. 2. Electronic message displays. 3. Signs painted on the wall of a building. 4. Internally illuminated wall of a building. sign cabinets attached to the 5. The portion of a projection extension perpendicular to the wall of a building may not be used for signs. 6. No illuminated signs will be allowed on the south side of buildings on Blocks A, E, J, and H and the east side of buildings on Block E facing residential areas. D. This Special Sign District is granted on condition that the two (2) existing shopping center identification signs located in the median on Preston Center Plaza at Northwest Highway will be removed within thirty (30) days after the adoption hereof. E. For purposes of this Special Sign District, the alley between Buildings A and J will be considered a "street" as that term is used herein and in Chapter 12 of the Code of Ordinances of the City of University Park as applied to the Plaza at University Park. SECTION II. That the erection of all new signs in the Special Sign District will be pursuant to permits issued by the Building Official of the City of University Park and will be issued for a period of three (3) years, after which time such permits will expire and be of no further force or effect. Upon expiration of said permits, said signs will be illegal~and not nonconforming signs and will be immediately removed by the owner unless authority for such permits is extended by appropriate ordinance of the City Council of the City of University Park. SECTION III. This Special Sign District shall expire and be of no further force or effect upon the expiration of three (3) years from the date of adoption of this ordinance, and the signs erected by a new permit in the district pursuant to the provisions of this ordinance shall, at the expiration of the district, be removed or made to conform to the requirements of Chapter 12 of the Code of Ordinances of the City of University Park at the sole expense of the owner thereof. SECTION IV. 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 V. ii Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitu- tional, 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 VI. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION VII. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 21st day of February, 1990. ATTEST: APPROVED: CITY SECRETARY ELECTION OF MUNICIPAL OFFICERS City of University Park, Texas May 5, 1990 ELECTION ORDER BE IT REMEMBERED that on this 6th day of February, 1990, at a meeting of the City Council of the City of University Park, Texas, a quorum being present, the meeting was called to order and the Council issued the following order: IT IS ORDERED that an election be held in the City of University Park, Texas, on the 5th day of May, 1990, the same being the first Saturday of said month for the following purpose: To elect a mayor for a two (2) year term and four (4) Councilmembers for two (2) year terms. The candidate receiving a majority of all votes cast for Mayor shall be elected for a two (2) year term and the four (4) candidates receiving the highest number of votes cast for Councilmembers shall be elected for two (2) year terms. The polling place for said election shall be the University Park City Hall, 3800 University Boulevard. The polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. None but legally qualified voters entitled to vote at said election. of the City shall be Notice of said election shall be posted, not later than April 13, 1990, on the bulletin board used to publish notice of City Council meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. Notice of said election shall be published in the official newspapers of the City one (1) time not earlier than April 5, 1990, and not later than April 24, 1990. The City Secretary shall secure affidavits of publication from the official newspapers giving a record of the date and fact of publication. Dot Gruber is hereby appointed Presiding Election Judge and Susan Barnes is hereby appointed Alternate Presiding Election Judge. The Presiding Election Judge shall appoint two (2) Election Clerks and as many additional Clerks as are necessary for the proper conduct of the election. All Judges and Clerks shall be qualified voters of the City. Absentee voting for the election shall be held at the regular office of the City Secretary at City Hall, and said place of absentee voting shall remain open for at least eight (8) hours on each day of absentee voting which is not a Saturday, Sunday, or an official state holiday, beginning on the 20th day and continuing through the 4th day preceding the date of said election. Said place of absentee voting shall remain open between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. After holding the election, the Presiding Election Judge shall promptly make return to the City Secretary and to the Mayor, and the City Secretary shall thereafter present such returns to the City Council for the canvassing of said election. The Presiding Election Judge and Alternate Presiding Election Judge and all Clerks appointed by the Presiding Election Judge shall be paid the sum of Five Dollars ($5.00) per hour for their services in conducting the election, and not exceeding pay for more than one (1) hour of work before the polls open. The Election Judge or Clerk who delivers the records, keys to the ballot box or voting machine, other election equipment, and unused election supplies after the election shall be entitled to additional compensation in the amount of Twenty Five Dollars ($25.00). The election returns shall be canvassed by the City Council not earlier than the 2nd day or later than the 6th day after the election day at a time set by the Mayor. The City Council shall canvass the returns as provided by law and upon completion shall declare the results, and the person receiving the majority of all votes cast for Mayor shall be elected Mayor and the four (4) persons receiving the highest number of votes for City Councilmember shall be elected. Such elected officers may enter upon their duties as soon as they have qualified and taken the oath of office as provided by law. ORDERED this 6th day of February, 1990. City of University Park, Texas ATTEST: CITY SECRETARY f City of University Park, Texas 11_8 ORDINANCE NO. 90/7 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 3, "BUILDING REGULATIONS," BY ADOPTING A NEW SECTION 9, "MINIMUM BUILDING STANDARDS FOR USE AND OCCUPANCY"; PROVIDING DEFINITIONS; PROHIBITING THE MAINTENANCE OF NUISANCES ON PRIVATE PREMISES; PROVIDING STRUCTURAL REQUIREMENTS FOR PREMISES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR APPEALS TO THE BOARD OF ADJUSTMENT; PROVIDING FOR PUBLIC HEARINGS; PROVIDING FOR THE ISSUANCE OF ORDERS BY THE CITY COUNCIL FOR THE REPAIR, REHABILITATION, OR DEMOLITION OF BUILDINGS OR STRUCTURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 3, "Building Regulations," of the University Park City Code be, and the same is hereby, amended by adopting a new Section 9, "Minimum Building Standards for Use and Occupancy," such new section to read as follows, to wit: "SECTION 9: OCCUPANCY MINIMUM BUILDING STANDARDS FOR USE AND A. LEGAL REQUIREMENT This section applies to each building and premises located in the City of University Park, as that term is defined herein. This section is limited in its application to those properties specified. B. DEFINITIONS (1) Accessory Structure shall mean a structure, the use of which is incidental to that of the main building, and which is attached thereto or located on the same premises. (2) Buildinq shall mean a combination of any materials, whether portable or fixed, having a roof to form a structure affording shelter for persons, animals, or property. The word "building" shall be construed, when used herein, as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning. (3) Buildinq Code shall mean the current building code of the City of University Park. (4) Dwellinq shall mean a building exclusively for residential uses. occupied (5) Dwellinq Premises shall mean the land, dwelling units and auxiliary buildings thereon used or intended to be used in connection with a dwelling. (6) Dwelling Unit shall mean one (1) or more rooms with living, cooking, sanitary, and sleeping facilities therein arranged which is occupied exclusively for residential uses. (7) Faulty Weather Protection shall include but not be limited to the following: (a) Deteriorated, masonry. crumbling, or loose plaster or (b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (d) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. (8) Garbage shall mean the animal, vegetable, and mineral wastes resulting from the handling, preparation, cooking, and consumption of food. (9) Hazard shall mean that a building or premise is unsafe or constitutes a health, accident, or fire hazard if it does not comply with the minimum standards set forth in the current adopted editions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Fire Code, and National Electrical Code and their corresponding amendments and local ordinances. (10)Grade shall mean natural surface of the ground, or surface ground after completion of any change in contour. (il)Nonresidential Structure shall mean a structure or a part of a structure which is used for other than residential purposes and, where applicable, the premises on which such structure is situated. (12)Occupant shall mean any person over one (1) year of age who occupies a dwelling unit and who is living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit or rooming unit. (13)Open Space Area shall mean an area on a lot that is open and unobstructed to the sky except for the ordinary projections. (14)Operator shall mean any person who has charge, care, or control of a multiple residence or rooming house in which dwelling units or rooming units are let or offered for occupancy. (15)Owner shall mean owner or owners of the freehold of the premises or lesser estate therein, a mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a building. 120 (16)Person shall mean the owner, occupant, mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm,or corporation directly or indirectly in control of a building or part thereof. (17)Premises shall mean land including the thereon. a lot, plot, or parcel of buildings or structures (18)Rubbish shall mean all combustible noncombustible waste, except garbage. and (19)Structure shall mean that which is built or constructed, an edifice, or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner. C. APPLICABILITY (1) Every portion of a building or premises, residential or nonresidential, occupied or unoccupied, shall comply with the provisions of this section, irrespective of when such building shall have been constructed, altered, or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this section. This section establishes minimum standards for the initial and continued use and occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration, or use of the building, equipment, or facilities. No person who owns, operates, or occupies a building or controls the letting of a dwelling, commercial property, rooming house, hotel, or motel, or other rental unit, including the premises and buildings appurtenant thereto, may occupy, or allow anyone to occupy, any part of same as a tenant unless it meets the standards for occupancy provided herein. (2) It shall be unlawful and an offense for any operator, occupant, or owner of any premises, building, dwelling, or structure to cause, suffer, permit, or allow to exist any unsanitary condition or nuisance condition as defined in this chapter, on or in any such premises, building, dwelling, or structure. (3) The building official shall have the authority to make or cause to be made surveys in any area of the city to determine the general conditions of structures, the extent of deterioration, lack of facilities, maintenance, unsafe and unsanitary conditions, land use, and other relevant factors necessary to implement the purpose of this section, and to order any dwelling, premises, building, or structure vacated as unfit for human habitation or use under Section F. (4) Nothing in this section shall be deemed to abolish or impair existing remedies of the City of University Park, Texas, or its officers, relative to the removal or demolition of any buildings which are deemed to be dangerous, unsafe, or unsanitary. D. LAND AREA REQUIREMENTS FOR PREMISES (1) All premises shall be kept free from organic and inorganic material that might become a health, accident, or fire hazard as defined herein. All premises, improved and unimproved, shall be kept clean at all times as required by Chapter 5, Section 16 of the City Code Containers of · adequate size with tight fitting covers shall be provided for the temporary storage of garbage and rubbish. Materials of an inflammable nature shall be safely stored as provided in the Fire Code or removed from the premises. (2) Exterior property areas shall be kept cut or mowed to prevent weeds, brush, or other plant growth becoming a health or fire hazard. Weeds, brush and other plant growth shall be cut or mowed on all exterior property areas whenever such weeds, brush, or other plant growth are allowed to grow to an extent determined to be in violation of Chapter 5, Section 17 of this Code. Ail sidewalks, driveways, alleys, and entrances used for ingress and egress shall be free from weeds, brush, overhanging, or protruding limbs of trees and other plant growth. Any limbs of trees that have become rotted or decayed to the point of being dangerous to persons shall be removed. E. STRUCTURAL REQUIREMENTS FOR PREMISES (1) Requirements herein shall pertain to both accessory and primary structures. Ail dwelling premises, buildings, and structures that possess either severely cracked, rotten, defective, or deteriorating foundations, supports, walls, arches, stairs, or other portions which could fall and cause personal injury and/or property damage are considered to be structurally unsafe by the city engineer and are in violation of the provisions of this section. Accessory structures and fences shall be kept structurally safe, free from health, fire and accident hazards, and in good repair or shall be removed from the premises. (2) The foundation and walls of every structure shall be structurally sound and shall be maintained in good repair. Foundations and walls shall be considered to be in good repair and structurally sound if found free from damage or defects and capable of bearing imposed loads as required by the Building Code. (3) The stairs, porches, landings, gutters, awnings, railings, cornices and similar decorative features affixed to the interior of every structure, shall be kept in good repair and structurally sound. Stairs and porches shall be considered to be in good repair and structurally sound when found to be free of holes, cracks, and must be capable of supporting imposed loads. Properly balustraded railings shall be provided when there is clear danger of accidental injury and must be capable of bearing imposed loads. (4) Ail chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe, sound, and in good repair. (5) Supporting structural members of every structure shall be structurally sound and capable of bearing the load safely. Supporting structural members shall be considered to be structurally sound if such members are capable of bearing imposed loads safely and if there is no evidence of deterioration or distortion. (6) The interior of every structure shall be maintained free from rubbish and garbage and other refuse. Disposal of garbage by garbage disposal units shall be in accordance with all applicable regulations of the City of University Park. Materials of an inflammable nature shall be stored to comply with the Fire Code or removed from the premises. (7) The exterior of every building shall be maintained in such a manner so as to prevent the deterioration of the weather protection. F. ENFORCEMENT (1) Any resident of University Park, Texas, or any employee of the City of University Park, Texas, who observes any violation of the terms of this section, may make a complaint about such violation to the Building Department of the City of University Park. (2) The building official or his representative shall observe and examine every building, structure, premises, or portion thereof upon which such complaint has been made, and if it be found to be a violation as defined in this section, the building official or his representative shall give the owner of such premises, building or structure written notice stating the defects and objections and the violations of this section upon which complaint has been made. Such notice shall be sent to the property owner by delivering such notice in person or sending such notice by registered or certified mail, and such notice shall require the owner or occupant to commence the required rehabilitation, repair, demolition, or removal of said dwelling premises, building, or structure within twenty (20) days from the date such notice is delivered to the owner of said premises or deposited in the mail to him. Such notice also shall require that all work to eliminate the violation shall be completed within sixty (60) days from the date of such notice unless otherwise stipulated by the building official. (3) If the building official finds that said building is dangerous to the life or health of the person or persons occupying the same, the city engineer may require that such dwelling premises, building, or structure be vacated until the required changes, repairs, demolition, or improvements are completed, subject to the inspection and approval of the City of University Park Building Department. Any vacant building open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a violation with the meaning of these provisions. (4) Any dwelling premises, building, or structure having any of the defects listed below is deemed unfit for human habitation or use and shall be so placarded. (a) The structure lacks the proper functional facilities adequate to protect the health and safety of the occupants or the public if it fails to meet the conditions outlined in the current adopted codes of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Fire Code, or National Electrical Code and all corresponding amendments and city ordinances. (b) The structure is damaged, decayed, dilapidated, unsanitary, or unsafe if it contains either severely cracked, rotten, defective, or deteriorating foundations, supports, walls, arches, stairs, or other portions which could fall and cause personal injury and/or property damage. No person shall deface or remove the placard from any structure which has been designated as unfit for human habitation until written approval is secured from the city engineer. (5) Whenever a notice or order has been issued for any infraction of this section, the building official may file a copy of such notice or order in the office of the county clerk to be filed in the deed records. Such recording shall constitute sufficient notice of the impending action to any subsequent purchaser, transferee, grantee, mortgagee, or lessee of the property affected. LIABILITY No officer, agent, or employee of the City of University Park shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this section. Any suit brought against any officer, agent, or employee of the City of University Park as a result of any act required or permitted in the discharge of his duties under this section shall be defended by the city attorney until the final determination of the proceedings therein. H. PRIOR VIOLATIONS SAVED FROM REPEAL This section shall not affect violations of any other ordinance, code, or regulation of the City of University Park existing prior to the effective date of this section, and such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes, or regulations in effect at the time the violation was committed. I. APPEALS Je (1) Appeals to the Board of Adjustment can be taken by any person aggrieved by a decision or order of the building official that a dwelling premise, building, or structure be repaired, rehabilitated, or vacated. Such appeal shall be taken within twenty (20) days after the decision has been rendered by the building official by filing in the city manager's office a notice of appeal specifying the grounds thereof. The building official shall cause all documents constituting the records upon which the action was appealed from to be forwarded to the Board of Adjustment. (2) The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of the date, time, and place of such public hearing shall be sent to the applicant. A hearing must be held within thirty (30) days by the Board of Adjustment after the receipt of an appeal as described above. Notice shall also be given by publishing the same in the official publication of the City of University Park at least ten (10) days prior to the date set for the hearing which notice shall state the time and place of such hearing. (3) At a public hearing relative to any appeal, any interested party may appear in person, by his agent, or by his attorney. The burden of proof shall be on the applicant to establish the necessary facts to the satisfaction of the Board of Adjustment that the decision and order of the building official should be set aside or qualified. NONCOMPLIANCE (1) In case the owner or occupant shall fail, neglect, or refuse to comply with the notice of the city engineer to repair, rehabilitate, or demolish the building, structure, or portion thereof, or to rehabilitate the premises described in such notice, or appeal therefrom within twenty (20) days, the building official shall notify the City Council of the City of University Park of the complaint and the fact that the owner has failed, neglected, or refused to comply with the said notice from the building official. (2) The City Council shall hold a public hearing prior to ordering the building official to proceed with carrying out the work to eliminate the violation. The City Council shall set the time for such public hearing and give written notice by delivering such notice in person or by certified mail of such public hearing to the last known address of the owner of said dwelling premise, building, or structure at least ten (10) days before the date of such hearing. (3) After the owner of the dwelling premise, building, or structure on which complaint has been filed shall appear before the City Council, no further notice or order of the City Council made at such hearing shall be required to be furnished to the owner or occupant thereof. In the event the owner fails to appear at the public hearing before the City Council, a copy of the order of the City Council made at such hearing shall be delivered to the owner of said dwelling premise, building, or structure in person or by a letter to the last known address by certified or registered mail. 125 (4) Following the public hearing, the City Council may: (a) grant additional time for the owner to eliminate the violation, (b) dismiss the case, (c) file a complaint with the municipal court charging the owner of said premise with a violation of this section or other parts of this code, or (d) may order the demolition of the dwelling premise, building, or structure and levy the cost of such work as a lien against the property on which the building was located. The lien may not be enforced by forced sale of the said property and is extinguished if the property owner reimburses the city for the expenses of demolition." 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 Five Hundred Dollars ($500.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of March, 1990. ATTEST: APPROVED: ORDINANCE NO. 90/8 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CITY CODE OF ORDINANCES TO UPDATE SAID CODE OF ORDINANCES DUE TO CHANGES REQUIRED AS A RESULT OF ADOPTION OF A HOME RULE CHARTER BY THE CITY: AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, in order to update the Code of Ordinances due to changes required as a result of the adoption of a Home Rule Charter by the city on November 7, 1989, the following amendments are hereby authorized in the Code of Ordinances: (1) Amend Chapter 1, Section 3 so that the following definitions and editor's note shall be included therein: Board of Commissioners. Whenever the words, "board of commissioners," "the board," "the commission," "commission," or "city commission," are used, they shall mean the city council of the City of University Park, Texas, unless the context indicates and requires otherwise° City. The words "the city" or "this city" shall mean the City of University Park in the county of Dallas and the State of Texas. City Council. The words "city council" shall mean the city council of the City of University Park as created in Chapter 3 of the City Charter. City Manager-Clerk. Whenever the manager-clerk" are used, they shall manager of the City of University Park. words "city mean the city City Manager, City Secretary, or Other City Officers or Departments. The words "city manager, city secretary" or other city officers or departments shall mean such officers or departments of the City of University Park. Commissioner. Whenever "city commissioner" are of the city council. the words "commissioner" or used, they shall mean a member Councilmember. Whenever the words "councilmember" or "city councilmember" are used, they shall mean a member of the city council of the City of University Park. EDITOR'S NOTE: The City Charter adopted November 7, 1989, changed the Board of Commissioners to City Council and changed the City Manager Clerk to City Manager. Pages of the Code will be revised to reflect these changes as future amendments to the Code are approved by the City Council which requires reprinting of such pages in future supplements to update the Code. 127 (2) Delete Chapter 1, Section 10 pertaining to the office of mayor which is now covered by Chapter 3 of the City Charter. (3) Delete Chapter 1, Section 11 pertaining to the office of mayor pro tem which is now covered by Section 3.07 of the City (4) Delete Chapter 1, Section 12 pertaining to the city commission which provisions are now covered by the City Charter, or will be adopted by resolution of the city council. (5) Delete Chapter 1, Section 13 pertaining to the position of administrative assistant. Such position shall be included in the organizational structure of the city as established by the city manager and approved by the city council in accordance with Section 8.01 of the City Charter. (6) Delete Chapter 1, Section 14 pertaining to municipal elections which is now covered by Chapter 11 of the City Charter or provided for in state election laws. (7) Delete Chapter 1, Section 20.A pertaining to the position of tax assessor-collector which is now covered in Section 8.03 of the City Charter. (8) Delete Chapter appointment and judge which is Charter. 1, Section 21.B-C pertaining to qualifications of the municipal court now covered in Section 6.02 of the City (9) Delete Chapter 1, Section 21.E pertaining to the position of clerk of the municipal court which is now covered in Section 6.03 of the City Charter. (10) Delete Chapter 1, Section 22.A-F pertaining to the city planning and zoning commission which is now covered in Section 9.01 of the City Charter. (11) Delete Chapter 8, of city attorney the City Charter. Section 1 pertaining to the position which is now covered in Chapter 7 of (12) Delete Chapter 8, Section 2 pertaining to the position of city manager-clerk which position is now known as city manager and covered by Chapter 4 of the City Charter. (13) Delete Chapter 8, Section 3 pertaining to the position of city treasurer which position is now known as Director of Finance and covered by Section 8.04 of the City Charter. (14) Delete Chapter 8, Section 4 pertaining to the position of city engineer which shall now be included in the organizational structure of the city as established by the city manager and approved by the city council in accordance with Section 8.01 of the City Charter. (15) In ,order to bring the Code of Ordinances into conformity with the City Charter, Chapter 8, Section 5 of the Code of Ordinances is hereby amended to read as follows as authorized by Section 8.01 of the City Charter: SECTION 5: CITY ADMINISTRATIVE ORGANIZATIONAL STRUCTURE OF THE A. DEPARTMENTS ESTABLISHED There shall be four (4] departments, which shall consist of public works, finance, park, and public safety. In addition, the personnel/risk management department shall be a staff department under the direct supervision of the city manager. Each department shall be supervised by a director, who shall be appointed and removed by the city manager with the concurrence of the city council. B. PUBLIC WORKS DEPARTMENT The public works department shall have the following functions: Building inspection, engineering, facility maintenance, garage, sanitation, street, traffic, wastewater, and water. The public works department shall be divided into two subdepartments: engineering/building inspection and operations management. The public works director may add or delete functions in the two subdepartments. C. FINANCE DEPARTMENT The finance department shall have the following functions: purchasing, computer, accounting, treasury, tax, warehouse, and court. The director of finance shall be in charge of such functions and may combine or separate such functions as he sees fit. The finance department shall also include the department of taxation. The director of finance or his designate shall also be the tax assessor and collector. D. PUBLIC SAFETY DEPARTMENT The police department and the fire department shall be combined into the public safety department. The director shall be known as the chief of police/fire. The public safety department shall consist of fire, police, animal control, fire prevention, ambulance, elderly assistance, and voluntary police officers; and such department shall have two divisions--police and fire. All functions may be combined or separated into these divisions by the chief of police/fire. E. PARK DEPARTMENT The park department shall consist of parks, street islands, tennis courts, and swimming pool functions. All functions may be combined or separated by the park director. F. APPOINTMENT OF EMPLOYEES All employees below the rank of department heads shall be appointed by the city manager or his designates. G. NUMBER OF EMPLOYEE POSITIONS The total number of employee positions shall be approved by the city council in the annual budget. H. EMPLOYEE BONDS The City Manager, Chief of Police and Fire, Director of Finance, Tax Assessor and Collector, Deputy Tax Assessor and Collector, and Director of Public Works, before entering upon their duties of office, shall execute a two hundred fifty thousand ($250,000] surety company bond, 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. All other employees shall be covered by a blanket surety bond in the minimum amount of two thousand five hundred dollars ($2,500) conditioned on faithful performance, and such bond is to be paid by the city. SECTION II THAT, this ordinance shall take effect immediately from and after its passage as the law in such cases provides. PASSED AND APPROVED, by the City Council of the City of University Park, Texas, this the 3rd day of April, 1990. ATTEST: City Secretary ORDINANCE NO. 90/9 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 11, SECTION 3, SUBSECTION D. AND SECTION 4, SUBSECTION A.(3), TO ESTABLISH THE SIX MONTH AVERAGE CONSUMPTION AS A CONSERVATION SURCHARGE BASE FOR SOUTHERN METHODIST UNIVERSITY; AND TO ESTABLISH THE SEWER SERVICE CHARGE BASE FOR SOUTHERN METHODIST UNIVERSITY; 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 3, Subsection D. of the Code of Ordinances of the City of University Park is hereby amended to read as follows: "Section 3: Water Service Charges D. Conservation Surcharge. (June-November Billings). During the six (6) summer months, each water meter, except those for Southern Methodist University, shall be subject to a monthly surcharge/conservation charge for all consumption in excess of 11,500 gallons. SMU meters shall be subject collectively to a monthly surcharge/ conservation charge for all consumption in excess of the average amount of water used during the immediately preceding October, November, December, January February and March. The surcharge rate shall be fifty-five cents ($0.55) per thousand (1,000) gallons for all excess consumption." SECTION II. THAT, Chapter 11, Section 4, Subsection A.(3) be hereby amended to read as follows: "Section 4: SEWER SERVICE CHARGES A. The following established: sewer services charges are hereby (3) For service to Southern Methodist University, one dollar and fifty-six cents ($1.56) 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 preceding October, November, December, January, February, and March adjusted for lawn, swimming pool and metered cooling tower use." 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. 131 SECTION IV. THAT Section 5 (General Penalty) and Section 6 (Severability of Parts) of the Code of Ordinances of the City of University Park shall apply. SECTION V. THAT this Ordinance shall take effect immediately after its passage and the publication of the caption as the law in such cases provides. DULY PASSED AND APPROVED by the City Council of the City of University Park, Texas, on the 3rd day of April, 1990. ATTEST: CITY SECRETARY ORDINANCE NO. 90/10 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 1, "GENERAL PROVISIONS," BY AMENDING SECTION 19, "PARK AND RECREATION REGULATIONS," TO ADD SUBSECTION K(3); PROVIDING FOR FEES FOR THE OPERATION OF SPORTS CLINICS IN CITY PARKS OR ON CITY PLAYING FIELDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY UNIVERSITY PARK, TEXAS: COUNCIL OF THE CITY OF SECTION I. That Chapter 1, "General Provisions," of the University Park City Code be, and the same is hereby, amended by amending Section 19, "Park and Recreation Regulations," by adding a new Subsection K(3) to read as follows, to wit: "(3) Sports Clinics for Profit Any individual or group wishing to use a park or playing field to conduct a sports clinic as a profit making venture shall reserve the park or playing field by filling out the appropriate application forms in the Park Department office and pay a fee of twenty dollars ($20.00) per hour for each hour the clinic is scheduled to be operated in the park or on the playing field reserved. If, after the conduct of the clinic is completed, the number of hours during which the park or playing field was actually in use exceeds the fee paid, the applicant shall be liable and responsible to pay the additional fee in the Park Department office within five (5) days after completion of the clinic. If the actual number of hours is less than the fee paid, the applicant shall receive a pro rata refund. The application forms and all fees must be in the park office at least one (1) week before the clinic is scheduled to begin." 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 the ordinances 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 and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of April, 1990. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO. 90/11 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, DENYING APPROVAL OF PROPOSED RATE SCHEDULES TO BE CHARGED BY TEXAS UTILITIES ELECTRIC COMPANY IN THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 16, 1990, Texas Utilities Electric Company (TUEC) filed with the City of University Park a request for an increase in electric utility rates to be charged within the City; and WHEREAS the City Council, having suspended the effective date of such proposed increase for the time permitted by law, and having considered the same at a public hearing on May 8, 1990, including the evidence and recommendations of the consultants of the Steering Committee of TU Electric Service Area Cities, is of the opinion and finds that the existing rates should not be adjusted; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I. That the requested rates, tariffs, and charges of TUEC for electric power and energy sold within the City be in all respects denied. The Schedule of Rates, as are approved in accordance herewith, are those under which the company was operating immediately prior to the request for increase filed on ,January 16, 1990. TUEC shall be authorized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City until such time as the current Rate Schedules may be changed, modified, amended, or withdrawn, with the approval of the City Council. SECTION II. Notwithstanding any other provision herein contained, the rates of TUEC within the City of University Park shall not, in any case, exceed the rates of customers of TUEC in unincorporated areas, whether such rates for unincorporated areas are set prior to or after the adoption of this Ordinance, and it shall be unlawful for TUEC, its agents, servants or employees, to collect or attempt to collect higher rates within the City than are collected by TUEC within unicorporated areas. SECTION III. That this Ordinance constitutes, on the day of its 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. Nothing in this Ordinance contained 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. SECTION V. This Ordinance shall take after its passage as the law provide. effect immediately from and and Charter in such cases City of DULY PASSED by the City Council of the University Park, Texas, on the 8th day of May, 1990. ATTEST: BOBBIE SHARP~ CIT SECRETARY ROACH, MAYOR ORDINANCE NO. 90/12 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 5,"FIRE PROTECTION," BY ADOPTING A NEW SECTION 15, "FIRE ALARM SYSTEMS," SUCH SECTION CONSTITUTING AN AMENDMENT TO ARTICLE 14 OF THE 1988 UNIFORM FIRE CODE AS HERETOFORE ADOPTED AND AMENDED; PROVIDING REQUIREMENTS FOR THE INSTALLATION, USE, AND MAINTENANCE OF FIRE ALARM SYSTEMS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has heretofore adopted the 1988 Uniform Fire Code by amendment to Chapter 5, Section 1, of the Code of Ordinances; and WHEREAS, Article 14 of the 1988 Uniform Fire Code deals with fire alarm systems and requires amendment for use by the City of University Park; and WHEREAS, the amendment to Article 14 of the 1988 Uniform Fire Code will necessitate deletion of the current Section 15 of Chapter 5 relating to smoke detector systems; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 adopting a new Section 15, "Fire Alarm Systems," such new section to read as follows, to wit: "SECTION 15: FIRE ALARM SYSTEMS The provisions of the 1988 Uniform Fire Code contained in Article 14 and dealing with fire alarm systems are deleted from said Code and incorporated in this section as follows: A. SCOPE This section governs the requirements for installation, use, and maintenance of fire alarm systems in all occupancies as specified herein. B. PURPOSE The purpose of this section is to provide a reasonable degree of safety through early warning of a fire emergency and is predicated on the potential hazards to life and property evident in each type of occupancy. C. ORDER OF PRECEDENCE Where a specific provision of this section varies from a general provision, the specific provision shall govern. D. DEFINITIONS (1) Alarm-actuating device automatically operated activated, initiates alarm-indicating device. is any manually or equipment which, when an alarm through an 137 (2) (3) (4) Alarm-indicating device is any equipment that produces an approved alarm signal. Alarm signal is an audible or visual signal, or both, indicating the existence of an emergency fire condition. Audible devices may be horns, chimes, speakers or similar devices. Voice alarms and their messages shall be approved by the Fire Marshal. Visual devices may be continuous or pulsating lights, or other visual indicators, as approved by the Fire Marshal. Alarm system is a combination of approved compatible devices with the necessary electrical interconnection and energy to produce an alarm signal in the event of fire or system activation. (5) Annunciator is any equipment which indicates the zone or area of a building from which an alarm has been initiated, the location of an alarm-actuation device or the operational condition of alarm circuits of the system. (6) Approved means approval by the Fire Marshal as a result of investigation or tests conducted by him or by reason of accepted principles or tests by national authorities, technical or scientific organizations. (7) Breezeway apartments constitute apartments. is an accessory which is provided in which contains stairs and landings that a primarily vertical access to (8) Coded signal is an alarm signal or voice alarm which consists of not less than three (3) complete repetitions of the transmission. (9) Common corridor is any interior serving more than one (1) tenant space. (10) Control unit is a unit comprising the controls, relays, switches, and associated circuits necessary to (a) distribute power to a fire system, (b) receive signals from alarm-actuating devices and transmit them to alarm-indicating devices and accessory equipment, and (c) electrically supervise the system circuitry. The control unit may be contained in one (1) or more cabinets in adjacent or remote locations as approved by the Fire Marshal. (11) (12) (13) (14) (15) Electrically supervised fire alarm system is a system designed to transmit a trouble signal to an approved location of any condition that prevents the required operation of a fire alarm system or failure of its main power source. Occupancy classification - See the Uniform Fire Code. Section 9.117 of Pull station is a distinct audible and visual signal which indicates an abnormal condition of the system being monitored. Trouble signal is a distinct audible and visual signal which indicates an abnormal condition of the system being monitored. Zone is a building or a defined area building as approved by the Fire Marshal. of a E. DESIGN REQUIREMENTS (1) General Fire alarm systems required by this section shall only be installed by state licensed contractors. All information required by this section will be prepared by qualified engineers, specialists, laboratory or fire-safety specialty organizations acceptable to the Fire Marshal and to the owner. Correspondence required by this section shall be directed to the University Park Fire Department, 3800 University Boulevard, Dallas, Texas 75205, Fire Protection Division. (2) Submittals The Fire Marshal shall be consulted in every case to determine compliance with fire alarm requirements. Prior to the installation of any fire alarm system required by this section, the installing fire alarm contractor shall submit to the Fire Marshal not less than three (3) sets of drawings and specifications required by this subsection for review. The Fire Marshal shall designate those corrections necessary for acceptance of the proposed installation design and return all but one copy which will remain on record in the fire department. No fire alarm system required herein shall be installed without fire department compliance with corrections required by the Fire Chief. The following submittals: information shall be included with all (a) General Information (i) Company name and state fire alarm contractor number. (ii) Alarm superintendent number. name and state license (iii) Signature of alarm superintendent, certifying that plans are in compliance with this Ordinance. (iv) Property name and address. (b) Site and floor plans diagraming the layout of buildings, exiting systems, and alarm equipment locations. Drawings shall be scaled or dimensioned. Any change in the exiting systems shall be approved by the building official. (c) Equipment data sheets and all system components and devices. (d) Supervision (i) Monitoring provisions. (ii) Trouble signal initiating circumstances. (e) Power Supply and Circuitry (i) Type of primary power. (ii) Type of stand-by/emergency power. (i) (3) (4) (5) (6) Fe (i) (2) (3) (iii) Schematic riser diagram; including alarm receiving circuits, alarm sending circuits, control circuits, etc. All wiring shall be U.L. listed power limited fire alarm wiring. (iv) Design provision for fire alarm zones. (v) Battery calculations. Equipment Fire alarm equipment, devices, and systems shall be approved for their intended purposes. Acceptance Test Upon completion of a system, a satisfactory test of the entire installation shall be made in the presence of the Fire Marshal or his appointed representative. Installation Certification Upon completion of the installation, the contractor shall provide the Fire Marshal with one (1) copy of a Texas State Fire Marshal's Fire Alarm Installation Certificate, certifying that the system has been installed in accordance with the approved plans and specifications. Operating Instructions Written operating instructions are to be provided at the control unit. Each component identified in this section shall be properly identified/labeled. MANUAL ALARM-ACTUATING DEVICESr INTERIOR EXTERIOR AND Manual alarm-actuating devices approved double-action type. shall be an A maximum travel distance between two (2) devices shall not exceed two hundred (200) feet. Devices shall be securely mounted with the bottom of the device not less than three and one-half (3½) feet nor more than five (5) feet above the floor level. G. REQUIRED INSTALLATIONS IN BUILDINGS Fire alarm systems shall be installed in accordance with this section. General Ail alarm systems serving fifty (50) or more signal initiating devices or three (3) or more floors shall be intelligent systems with alarm verification and device activation memory. Alarm systems serving less than fifty (50) signal initiating devices shall provide remote alarm indicator lights on all devices not located within the corridor. Those systems not qualifying as an intelligent system shall be a class "A," four (4) wire, system. SYSTEM SUPERVISION General Ail fire alarm systems shall be supervised by an approved U.L. listed Fire Central Station Service Company or an approved U.L. listed Fire Proprietary Alarm Service. Exception 1 Supervised alarm system approved by the Fire Marshal. may not be required when ASSEMBLY OCCUPANCIES Group A, Divisions 1, 2, and 2.1 Occupancies having an occupant load of at least two hundred (200) but less than five hundred (500): Shall be provided with an approved manually operated fire alarm system. Actuation of any alarm actuating device shall initiate a continuous or pulsating alarm signal throughout the building and identify on an annunciator the zone from which the alarm signal initiated. The system shall be electrically supervised and installed in accordance with the provisions of the Uniform Fire Code Standard Number 14-1. (i) Manual alarm actuating devices shall be an approved double action type installed adjacent to each exit from each floor level, and shall be in accordance with this section. (2) If sprinkler or other fire protection systems are provided within the building, such systems shall be interfaced with the fire alarm system. (3) Alarm indicating devices shall be installed such that they are sufficiently audible to be recognized throughout the building as a fire alarm signal. (4) Control units and annunciator panels shall be located in a common corridor adjacent to a main entrance or when approved, in the office. (5) Zoning shall be arranged such that not less than one (1) zone per floor level, per initiating device type is provided. (Manual pulls, smoke detectors, water flow, etc.) (6) The fire alarm shall be interfaced with the entertainment sound system such that when the alarm sounds, the entertainment/music system shall be rendered silent. Group A, Divisions 1, 2, and 2.1 Occupancies having an occupant load of five hundred (500) or more: Shall be protected with an approved manually operated fire alarm system. Actuation or any alarm actuating device shall initiate a continuous or pulsating alarm in an approved constantly attended location until manually reset and indicate the zone in which the alarm initiated. The system shall be electrically supervised and installed in accordance with the provision of the Uniform Fire Code Standard Number 14-1. (1) (2) (3) (4) (5) (6) (7) (8) (9) Manual alarm actuating devices shall be installed in a "break-glass" enclosure adjacent to every public exit and every exit in non-public areas. Manual devices shall be installed in accordance with Section F. If sprinkler or other fire protection systems are provided within the building, such systems shall be interfaced with the fire alarm system. Alarm indicating devices shall consist of a public address system which is sufficiently audible to be clearly understood throughout the building. The public address system shall be equipped with an approved emergency power supply or battery. The microphone and controls for this system shall be located at the approved constantly attended location, immediately adjacent to the control unit. Control units shall be located at an approved, constantly attended location in the immediate vicinity of an accessible telephone. The annunciator shall not be concealed. Zoning shall be arranged such that not more than ten thousand (10,000) square feet of floor area is served by a single zone, unless such larger area is contained within a single room in which case the room shall serve as a zone. Additionally, not less than one (1) zone per floor will be permitted. The fire alarm shall be interfaced with the entertainment sound system such that the entertainment/music system shall be capable of being manually rendered silent by controls which are located in the approved constantly attended location, immediately adjacent to the public address system. The public address system shall meet the requirement of NFPA-72F. (Standard for the installation, maintenance, and use of emergency voice/alarm communication systems.) Operation of this type system shall be as follows: A manual pull-station is actuated and sounds a signal in the constantly attended location; the responsible party in charge of this location shall attempt to verify the existence of an emergency either by radio contact with other personnel or by visual inspection from the constantly attended locations; if no emergency is detected, the responsible party shall (a) notify the fire department,(b) disable the sound system, (c) announce 'There has been an emergency reported in the building. DO NOT PANIC. Please move calmly to the nearest exit.' This message shall be repeated and then additional instructions given as necessary. Instructions for operating the constantly attended station and action to be taken in a fire emergency shall be posted at the constantly attended station. If an approved, constantly attended location cannot be provided, a flashing strobe light shall be located above each pull station, all of which will flash in the event of a pull station actuation. This signal shall be used to notify ne the responsible party in charge to report to the control equipment and initiate the aforementioned procedures. J. BUSINESS OCCUPANCIES See High-Rise Occupancies. K. EDUCATIONAL OCCUPANCIES (1) Ail Group E Occupancies shall be provided with an approved automatic or manually operated fire alarm system as specified in this section. Actuation of any alarm actuating device shall initiate a continuous or pulsating alarm on all alarm indicating devices in the building until manually reset. The system shall be electrically supervised and installed in accordance with the Uniform Fire Code Standard Number 14-1. In Divisions 1 and 2 Occupancies, manual alarm actuation devices shall be installed in a break-glass enclosure adjacent to every exit and in the main office. In Division 3 Occupancies, the "break-glass" enclosures are not required. Manual devices shall be installed in accordance with this section. Exception When approved by the Fire Marshal, Divisions 1 and 2 Occupancies with a two (2) way public address system to each classroom may have manual devices omitted from exit locations. (3) In Division 3 Occupancies, systems smoke detectors shall be installed in all occupiable areas. (4) If sprinkler or other fire protection systems are provided within the building, such systems shall be interfaced with the fire alarm system. (5) Alarm indication devices shall be installed such that they are sufficiently audible to be recognizable throughout the building as a fire alarm signal. (6) Control units and annunciator panels shall be located in the main office. The annunciator shall not be concealed. (7) Zoning shall be arranged such that not more than ten thousand (10,000) square feet of floor area is served by a single zone unless such a larger area is contained in a single room in which case the room shall serve as a zone. Additionally, not less than one (1) zone per floor level shall be permitted. COMMERCIAL BUILDINGS OVER TWO (2) STORIES IN HEIGHT Commercial buildings over two (2) stories in height shall install and maintain a smoke detection system as follows: (1) System heat detectors shall be located as follows: (a) Every mechanical equipment, electrical, transformer, telephone equipment, elevator, machine or similar room. 143 (2) System smoke detectors shall be located as follows: (a) In the main return and exhaust air plenum of each air conditioning system and located in a serviceable area downstream of the last duct inlet. (b) At each connection to vertical duct or riser serving two (2) or more stories from a return air duct or plenum of an air conditioning system. An approved smoke detector may be used in each return air riser carrying not more than five thousand (5,000) CFM and serving not more than ten (10) inlet openings. (c) Detector system must be capable of warning all occupants in case of fire. Alarm must produce a minimum of eighty-five (85) decibels at ten (10) feet. HIGH RISE OCCUPANCIES Also see Section 1807 of the Uniform Building Code. (i) Any new high-rise occupancy required to comply with Section 1807 of the Uniform Building Code shall be provided with an automatic or manually operated fire alarm system. Actuation of any automatic or manual device shall initiate an alarm signal on the alarming floor, the floor above, and the floor below and identify on an annunciator the zone from which the alarm signal originated. (2) Manual alarm actuating devices shall be installed adjacent to each exit from each floor level, and at nurses' stations, guards' stations, telephone operators' switchboards, and similar areas. Manual devices shall be in accordance with this section F of this Ordinance. (3) Steam heat detectors shall be located in every mechanical, electrical, transformer, telephone, elevator, or similar equipment room. (4) System smoke detectors shall be located as follows: (a) In every elevator lobby. (b) In the main return and exhaust air plenum of each air conditioning system and in a serviceable area downstream of the last duct inlet. (c) At every connection to a vertical duct or riser serving two (2) or more stories from a return air duct or plenum of an air conditioning system. In Group R, Division 1 Occupancies, an approved smoke detector may be used in each return air riser carrying not more than five thousand (5,000) CFM and serving not more then ten (10) inlet openings. (d) In Group I and Group R, Division 1 Occupancies, system smoke detectors shall be located in all common corridors at a distance of not more than thirty (30) feet between detectors or fifteen (15) feet from any wall. Single station detectors shall be installed to protect all sleeping areas and patient rooms as prescribed in Section 1210 of the Uniform Building Code for apartment or hotel guest rooms. Exception When approved by the Fire Marshal, single station smoke detectors may be omitted in Group 1 Occupancies. (5) Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than fifteen (15) seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a trouble signal at the central control station upon tampering. The fire-pump system shall also be supervised for power available' and 'pump running' conditions by trouble signal on distinct circuits. (6) Alarm indicating devices shall consist of an alarm and communications system which is connected such that damage to any terminal unit or speaker will not render more than one (1) zone of the system inoperative. The voice alarm and public address system may be combined. Communication systems shall be required by NFPA-72F and the following: (a) Voice Alarm - The operation of any alarm initiating device including pull stations, detectors, etc. shall cause operation of the alarm system which will give two (2) repetitions of a whooping tone followed by an approved voice message directing occupants' evacuation. This message shall be repeated until manually reset. The system shall be supervised to cause the activation of an audible trouble signal in the central control station upon interruption or failure of the audiopath including amplifiers, speaker wiring, switches, and electrical contacts, and shall detect open circuits, shorts, and grounds which might impair the function of the system. The system shall be designed to be heard clearly by all occupants within the building or designated portion thereof and as is required for the public address system. (b) Public Address System - A public address communication system designed to be clearly heard by all occupants of the building shall operate from the central control station. It shall be established for a selective or general basis to the following terminal areas: * Elevators * Elevator lobbies * Corridors * Rooms and tenant spaces over 1,000 square feet * Dwelling units or guest rooms in R-1 occupancies. Installations shall follow NFPA-72F. Fire Department Communication System - A telephone communication system for the exclusive use of fire department personnel shall be installed to operate between the central control stations and every elevator, elevator lobby, and entry (inside stairwell) to every floor, penthouse, or related area in a selective manner. Fire phone may either be placed in a break-glass/key operated enclosure at each of the above locations or not less than five (5) portable telephone handsets shall be located in the central control station. (7) Control units and annunciators shall be located in the fire control room and a duplicate annunciator shall be located either at a constantly attended location or in a common corridor adjacent to a main entrance. The duplicate annunciator shall not be concealed. (8) Zones shall be arranged such that not less than one (1) zone per floor level is provided and which will give a distinct signal for water flow detection, smoke detection, and manual pull. (9) Control circuits to be operated upon alarm activation shall include but not be limited to the following: (a) Automatic elevator recall. (b) Air handling systems shall be shut-off or placed in one hundred percent (100%) exhaust mode on the fire floor. (c) Stairwell pressurization. (d) Remote door unlatching. (e) Smoke or closing. fire doors which are automatic INSTITUTIONAL OCCUPANCIES Group I occupancies shall be provided with an approved automatic or manually operated fire alarm system as specified in this section. The system shall be electrically supervised and installed in accordance with the Uniform Fire Code Standard Number 14-1, NFPA Standard Numbers 72B, 72C, 72D, 72-E, and 72-F. Exception High-rise buildings shall provisions of this section. comply with the high-rise (i) In Divisions 1 and 2 Occupancies, actuation of any automatic or manual device shall initiate a zone-coded alarm signal throughout the building and identify on an annunciator the zone from which the alarm signal originated. (2) In Division 3 Occupancies, actuation of any automatic or manual device shall initiate a zone-coded alarm signal to selected areas of the building and identify on an annunciator the zone from which the alarm signal originated. (3) (4) (5) (6) (7) Manual alarm actuating devices shall be installed adjacent to each exit from each floor level, and at nurses' stations, guards' stations, and telephone operators' switchboards, and shall be in accordance with this section. System smoke detectors shall be installed in all common corridors. Single station smoke detectors shall be installed in all sleeping rooms in the manner prescribed by Section 1210 of the Uniform Building Code for hotel guest rooms. Alarm indicating devices shall be both audible and visual. Audible devices shall be sufficiently audible to be recognizable throughout the building, or in selected areas, as a fire alarm signal. Control units and annunciators shall be located at a constantly attended location or in a common corridor adjacent to a main entrance. The annunciator shall not be concealed. Zones shall be arranged such that not more than ten thousand (10,000) square feet is in a single zone and not less than one (1) zone per floor is provided. A distinct signal for water-flow detection, manual pull stations, and smoke detectors shall be provided. RESIDENTIAL OCCUPANCIES Group R, Division 1 Occupancies two (2) or more stories in height or containing more than fifteen (15) dwelling units in an apartment house or containing twenty (20) or more guest rooms in hotels shall be provided with an approved automatic or manual fire alarm system as described in this section. Each sleeping room or guest room shall be equipped with a single station smoke detector powered by the house electrical service. Each apartment or guest room shall be equipped with an automatic heat detector. Actuation of any automatic or manual device shall initiate a continuous or pulsating alarm on all alarm-indicating devices in the building until manually reset and shall identify, in the manner prescribed by this section, the zone from which the alarm signal originated. Exception 1 Southern Methodist University fraternity and sorority houses shall be equipped with a multi-station smoke detection system throughout. Exception 2 A fire alarm system need not be installed in apartment houses not over two (2) stories in height with two (2) hour occupancy separation between each dwelling unit provided all other spaces within the building and each individual dwelling unit has an exit directly to a public way, exit court or yard, exterior stairway or exterior exit balcony. Exception 3 High-rise building shall provisions of this section. comply with the high-rise (i) (2) Manual alarm actuating devices shall be installed adjacent to each exit from each floor level and ground level exit. In single story buildings with outside exits, devices shall be located at each exit. Manual devices shall also be located at the front desk adjacent to the telephone operator's switchboard. All manual devices shall be installed in accordance with this section. Alternate protection may be permitted when approved by the Fire Marshal. Detection Devices (a) Group R, Division 1 Occupancies (with interior corridors) - The alarm system for Group R, Division 1 Occupancies having common interior exit corridors or lobbies serving as a required exit shall consist of not less than an approved and listed system-type smoke detector installed within such corridors or lobbies in accordance with the Uniform Fire Code Standard Number 14-1 and listed spacing limitations. The activation of any system type detector shall initiate an alarm which is audible with speakers in each individual guest room and apartment unit throughout the building. When a front desk is provided and manned twenty-four (24) hours per day, smoke detectors may be omitted from the immediate area of the desk when approved by the Fire Marshal. (b) Common Areas within Group R, Division 1 Occupancies - Approved and listed fixed heat detectors shall be installed in accordance with listed spacing limitations within common areas such as recreational rooms, laundry rooms, offices, kitchens, restaurants, and furnace rooms of buildings containing Group R, Division 1 Occupancies. The detectors shall be installed on the ceiling of such rooms in accordance with the manufacturer's installation instructions and, when activated, shall initiate an alarm which is audible throughout the building. The detector may be installed on a wall only when mounting on the ceiling is not possible. (3) (4) Alarm indication devices shall be located such that the alarm with a minimum of fifteen (15) DB's above ambient noise level is sufficiently audible in the most remote bedroom, with all intervening doors closed. Installations determined to have inadequate audibility upon testing will be required to be upgraded to satisfactory levels prior to acceptance. A red strobe alarm indication device shall be mounted above exit doorways of living area and bedrooms of those units occupied by individuals with hearing impairment. Control units and annunciators, when required, shall be located at a main building entrance or at a twenty-four (24) hour desk, if provided. When such units are installed outside, a weather-tight enclosure shall be required. If the annunciator is not located at a twenty-four (24) desk, a red strobe light shall be placed above the entrance providing the most immediate access to the 148 (5) (6) (7) (8) (9) (i) annunciator shall have annunciator. except for outside annunciators, which the strobe light directly above the Annunciators shall not be concealed. Zones shall be as follows: (a) Hotels, breezeway control building. Motels, or Apartments (with style entrance) - A single zone unit shall be used for each (b) Hotels, Motels, or Apartments (non-breezeway) - A multiple zone control unit with annunciator is required and shall be zoned not less than one (1) zone per device group per floor per building. A fire department key box shall be located on an outside wall adjacent to the leasing office in an approved location. This box shall contain all fire alarm control keys. In addition to the alarm systems required by this section, a public address system meeting the requirements of the high-rise section shall be required in buildings exceeding two (2) stories in height with interior exit corridors which will allow communication to each unit by floor or general all-call. When required, the public address system shall be a part of the fire alarm control panel. Group more under blood smoke which R, Division 3 Occupancies which are used by than five (5) persons, three (3) of which are eighteen (18) years of age, not related by or marriage, shall be provided with system detectors protecting each sleeping area connect to an approved automatic fire alarm system capable of alerting all occupants. Exception Foster homes as defined by the State of Texas. Group R Occupancies shall be provided with single station, hard-wired smoke detectors to protect each sleeping area as required by Section 1210 of the Building Code. POWER SUPPLY AND WIRING Ail required fire alarm systems shall have an approved secondary power supply which shall be capable of operating the entire system for not less than twenty-four (24) hours under non-alarm conditions. Upon interruption of the normal power, the system shall be automatically transferred to the secondary source of power, and full power shall be obtained within sixty (60) seconds of transfer. Except as otherwise specified, the secondary source of power may be one (1) of the following: (a) Generators. (b) Storage batteries. (c) Separate electrical service. service from the normal 149 Te (2) (d) Separate service. substations of the same electrical When generators are served by a fuel operate the system section. provided they shall be supply sufficient to as required by this Wiring shall be listed for fire alarm system use by an approved testing agency. All wiring installed on exterior locations shall be in rigid conduit. Wiring installed inside within the seven and one-half (7½) feet of floor level shall be in rigid conduit or wire-mold. PRECEDENCE When a fire alarm system is approved for use in combination with a public address or other means of communication, the fire alarm signal shall take precedence over such other communication systems upon activation of the fire alarm system. SPECIAL PROVISIONS (i) (2) The requirements for fire alarm systems under this section may be reduced upon inspection of plans, in other than high-rise, Group 1, and Group E Occupancies, if the building is protected by an approved sprinkler system with shut-off valves and water flow devices supervised in an approved manner. Ail fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such device. MAINTENANCE AND TESTING OF SYSTEMS Ail occupancies containing an alarm system shall be inspected annually by a state licensed fire alarm company. A copy of their report should be forwarded to the Fire Marshal. Systems shall be tested and maintained in accordance with National Fire Protection Association Standards. The fire department shall witness all acceptance tests. Ail fire alarm systems shall be maintained in an operative condition at all times and shall be replaced or repaired when defective. Such system shall be extended, altered or augmented as necessary to maintain and continue protection whenever alterations, and servicing shall be in accordance with this section. An approved log shall be kept on the premises to indicate when the system was checked and/or serviced, and a tag issued by the fire department indicating test dates shall be placed in the control unit. This tag shall not be removed. AUTOMATIC TELEPHONE DIALING DEVICES Automatic emergency department Marshal. telephone dialing devices to transmit an alarm shall not be connected to any fire telephone number unless approved by the Fire U. TAMPERING WITH FIRE ALARM SYSTEMS Any person who willfully and maliciously tampers with, molests, injures, or breaks any fire protection equipment, fire protection installation, fire alarm apparatus, wire, or signal, or willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any fire alarm system or signal or by any other means or methods, is guilty of a misdemeanor." 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 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 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 V. This Ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of May, 1990. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO.90/13 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTION 8-608 TO PERMIT ACCESSORY OBJECTS OR APPURTENANCES IN THE REQUIRED FRONT YARD OF PREMISES LOCATED IN RESIDENTIAL DISTRICTS AND PROVIDING A DEFINITION; AMENDING SECTION 24-302(7) TO PERMIT SMALL CAR PARKING IN CERTAIN PARKING LOTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 8-608 in part as follows: "8-608 PERMITTED ACCESSORY OBJECTS OR APPURTENANCES IN THE REQUIRED FRONT YARD OF PREMISES LOCATED IN RESIDENTIAL DISTRICTS The following subparagraphs describe permitted objects in such front yards, and, thereby, by definition are not considered fences or walls for enforcement purposes. For purposes of this section, "height" shall mean that vertical dimension at any point measured from the average natural grade of the area within two feet (2') os such point in any direction: SECTION II. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by adding subparagraph (7) to Section 24-302, said subparagraph to read as follows: "24-302 SPECIAL PARKING REGULATIONS (7) When the required number of parking spaces for any use is equal to or greater than forty (40), twenty-five percent (25%) or less of the spaces may be small car size as defined in Section 31-102(66) of this Ordinance, and when the required number of parking spaces for any use is less than forty (40) spaces, all such spaces shall be of the minimum size prescribed for full size cars in the said Section 31-102(66). In the event a parking area is proposed to be constructed with small car size spaces under this provision, a site plan therefor shall be submitted to the Director of Public Works of the City for approval prior to the issuance of any permits. The Director shall ensure that the parking spaces comply with the requirements of this section and all other applicable sections of this ordinance or any other applicable ordinance of 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 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 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 and 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 City Council of the City of University Park, Texas, on the 16th day of May, 1990. APPROVED: ATTEST:.. ROACH, MAYOR ORDINANCE NO.90/14 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, PROHIBITING PARKING ON THE WEST SIDE OF TURTLE CREEK BOULEVARD FROM THE POINT OF ITS INTERSECTION WITH SOUTHWESTERN BOULEVARD TO THE POINT OF ITS INTERSECTION WITH CARUTH BOULEVARD; PROVIDING FOR THE ERECTION OF SIGNS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 10, Section 12, of the University Park City Code provides that the City Council may enact parking regulations for the various streets in the City; and WHEREAS, it appears that it is necessary to prohibit parking at any time on the west side of Turtle Creek Boulevard to the point of its intersection with Caruth Boulevard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. It shall be unlawful and an offense for any person to leave, stand, or park any motor vehicle at any time on the west side of Turtle Creek Boulevard, from the point of its intersection with Southwestern Boulevard to the point of its intersection with Caruth Boulevard. SECTION II. The Chief of Police or his designated representative shall supervise the erection and maintenance of appropriate signs and markings indicating the prohibitions set out herein. SECTION III. Any person violating the parking prohibitions set out in this Ordinance shall be guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of University Park, Texas, shall be fined in an amount not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, provided that no offense shall occur unless and until the sign and markings required by this Ordinance shall have been erected by the Chief of Police or his representative. SECTION IV. This Ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 16th day of May, 1990. ATTEST: .i ORDINANCE NO. 90/15 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 1, BLOCK 2, UNIVERSITY PARK ESTATES, AN ADDITION TO THE CITY OF UNIVERSITY PARK, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2, PAGE 189, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, KNOWN AS 4057 GRASSMERE LANE, FOR AN EIGHT FOOT (8') FENCE FOR THE SCREENING OF NOISE AND VISUAL CLUTTER ON THE WEST SIDE OF THE PROPERTY ABUTTING PRESTON ROAD; PROVIDING SPECIAL CONDITIONS; 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 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park, and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be granted and that the Comprehensive Zoning Ordinance and Map should he amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF 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 so as to grant a Specific Use permit for a fence for the screening of noise and visual clutter on the side of the property abutting Preston Road, as permitted by Section 23-102 of the Comprehensive Zoning Ordinance, on the property described as Lot 1, Block 2, University Park Estates, an Addition to the City of University Park, Texas, according to the plat thereof recorded in Volume 2, Page 189, of the Map Records of Dallas County, Texas, known as 4057 Grassmere Lane, University Park, Texas. SECTION II. That the granting of this zoning classification is subject to the following special conditions, to wit: The fence shall be constructed on private property starting fifty feet (50') behind the front property line and continuing south one hundred seventy-five feet (175') to the rear easement line. The fence shall at no point exceed eight feet (8') in height above existing grade. Ce The fence shall be board-on-board construction on twenty-one foot (21') centers. The cedar trees within the city right-of-way adjacent to the property shall be kept trimmed by the property owner so that no growth of the trees between the fence and the curb line of Preston Road shall be permitted lower than eight feet (8') above the grade of the sidewalk, and such trees shall be kept trimmed by the owner of the property so that no growth of any of the trees extends beyond a vertical plane extending upward from the inside edge of the curb abutting the property up to and including the entire height of the trees. SECTION III. That all Ordinances of the City in conflict with 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 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 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 much 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 City Council of the City of University Park, Texas, on the 5th day of June, 1990. APPROVED: DULY RECORDED: 158 ORDINANCE NO. 90/16 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK AS HERETOFORE AMENDED, BY AMENDING SECTION 9-901(5)(b) TO REQUIRE TWO (2) INTERIOR EXIT STAIRWAYS; AMENDING SECTION 24-200 TO PROVIDE GENERAL DRIVEWAY REQUIREMENTS; AMENDING SECTION 24-201 TO PROVIDE CIRCULAR TYPE DRIVEWAY REQUIREMENTS; AMENDING ILLUSTRATIONS NO. 14 TO DEPICT PERMITTED SINGLE APPROACH DRIVEWAY CONFIGURATIONS AND NO. 15 TO DEPICT PERMITTED CIRCULAR DRIVEWAY CONFIGURATIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission 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 CITY COUNCIL 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 Section 9-901(5)(b) to read as follows: "(b) When used for any purpose other than storage, HVAC and water heating equipment, two (2) interior exit stairways shall be required." SECTION II. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be and the same is hereby, amended by amending Section 24-200 to read as follows: "24-200 GENERAL DRIVEWAY REQUIREMENTS (1) Single, front-entry driveways shall not have an approach of less than nine (9') feet nor more than fifteen (15') in width. (2 The aggregate of driveway approaches shall not exceed: (a) Twenty-four street, and (24') feet along the front (b) Forty (40') feet or thirty (30%) percent of the lot depth, whichever is smaller, along the side street. (3) (4) The cumulative area of any driveway plus any impermeable surface area located in the required front yard shall not exceed fifty (50%) percent of the area of the required front yard. Surfaces used on any driveway shall comply with the standards on file in the Engineering Department of the City and shall be specified and approved prior to installation. See Permeability Requirements of Chapter 3, Section 1 of the Code of Ordinances. (5) Single, front, or rear entry driveways and approaches shall comply with the design and dimensional criteria set forth in the Appendix, Illustration No. 14." SECTION III. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 24-201 to read as follows: "24-201 CIRCULAR TYPE DRIVEWAY REQUIREMENTS Circular type driveways shall be permitted on all residential lots based on the following criteria: (1) Size and configuration of circular type driveways shall conform to the design and dimensional criteria set forth in the Appendix, Illustration No. 15. (2) Circular driveway approaches, where permitted, shall not exceed twelve (12') feet in width nor be less than ten (10') feet in width. In addition, circular drive approaches shall be separated a minimum distance of twenty (20') feet at the nearest point. (3) Circular type approach shall width. driveways which use a single not exceed twenty (20') feet in (4) Parking area shall be a one-half (7½') feet from line. minimum of seven and the front property (5) Curb cuts for circular type driveways shall not be permitted on corner lots closer than thirty-five (35') feet from the intersection point of curb lines, and no portion of the drive surface may be constructed within the minimum sight line or as prescribed in Chapter 10, Section 25, of the Code of Ordinances." SECTION IV. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby amended by providing new Illustration Nos. 14 and 15. That Illustration No. 14 consists of four (4) pages of Permitted Single Approach Driveway Configurations, is attached hereto as Exhibit "A," designated pages Al, A2, A3, and A4, and shall be incorporated within and become a part of the Comprehensive Zoning Ordinance illustrations by reference. Illustration No. 15, consisting of three (3) pages, designated B1, B2, and B3, is attached hereto as Exhibit "B" and is made a part hereof for all purposes and is adopted by reference as an illustration in the Comprehensive Zoning Ordinance. That any illustrations currently contained in Illustration Nos. 1, 11, 14, or 15 of the Comprehensive Zoning Ordinance are hereby repealed to the extent they are inconsistent with the illustrations adopted hereby. SECTION V. 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 VI. 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 VII. 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 VIII. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July, 1990. APPROVED: DULY RECORDED: CITY SECRETARY 159 ORDINANCE NO. 90/17 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR THE PROPERTY DESCRIBED AS LOT 5, BLOCK 1, OF THE WRIGHT ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, RECORDED IN VOLUME 4, PAGE 34, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 4117 SAN CARLOS, FOR KITCHEN, COOKING, AND FOOD PREPARATION FACILITIES IN AN ACCESSORY BUILDING; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map Should he amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF 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 so as to grant a specific use permit for kitchen, cooking, and food preparation facilities in a two-story accessory building to be occupied by full time domestic servants or immediate family members on the property identified as Lot 5, Block 1, of the Wright Addition, an Addition to the City of University Park, Texas, according to the plat thereof recorded in Volume 4, Page 34, of the Map Records of Dallas County, Texas, and known as 4117 San Carlos, University Park, Texas. SECTION II. That subject building purposes immediate shall submitted the granting of this zoninq classification is to the special conditions that such accessory on the property shall not he used for rental or barter exchange, shall be occupied only by family members and/or full time domestic servants, be constructed in accordance with the site plan by the owner with his zoning application, and shall be restricted to single family residential uses only, all in accordance with the Comprehensive Zoning Ordinance of the City of University Park. SECTION 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 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 amended hereby, shall he 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 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 City Council of the City of University Park, Texas, on the 3rd day of July, 1990. APPROVED: DULY RECORDED: CITY SECRETARY ORDINANCE NO. 90/18 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY DESCRIBED AS BLOCKS 1 AND 2, OF THE OXFORD MANOR ADDITION, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 4, PAGE 289, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AND LOTS 1-9, BLOCK 9, OF THE METHODIST UNIVERSITY ADDITION, RECORDED IN VOLUME 1, PAGE 342, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AND A PARCEL OF LAND BOUNDED BY GRASSMERE STREET TO THE NORTH, WESTCHESTER DRIVE TO THE EAST, THE NORTH EDGE OF BLOCK 9 OF THE METHODIST UNIVERSITY ADDITION TO THE SOUTH, AND DOUGLAS AVENUE TO THE WEST, REFERRED TO AS ABSTRACT 1145, RECORDED IN VOLUME 5, PAGE 153, OF THE MAP RECORDS OF DALLAS COUNTY, AND MORE COMMONLY KNOWN AS 4220 EMERSON AND 7015 WESTCHESTER; DESIGNATING HIGHLAND PARK HIGH SCHOOL AS PLANNED DEVELOPMENT DISTRICT NO. 17; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classification and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF 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 so as to grant a Planned Development District No. 17 for Highland Park High School, on the property described as Blocks 1 and 2, of the Oxford Manor Addition, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 4, Page 289, of the Map Records of Dallas County, Texas, and Lots 1-9, Block 9, of the Methodist University Addition, recorded in Volume 1, Page 342, of the Map Records of Dallas County, Texas, and a parcel of land bounded by Grassmere Street to the North, Westchester Drive to the East, the North edge of Block 9 of the Methodist University Addition to the South, and Douglas Avenue to the West, referred to as Abstract 1145, recorded in Volume 5, Page 153, of the Map Records of Dallas County, Texas,and more commonly known as 4220 Emerson and 7015 Westchester. SECTION II. That the Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit 162 "A" and made part hereof for all purposes the same as if fully copied herein. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION III. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinances of the City of University Park. That the granting of this Planned Development District is subject to the special condition that the portable buildings depicted on the Site Plan will be removed by the property owners within one (1) year from the date of this Ordinance. SECTION IV. That all provisions of and all other provisions of effect. Ordinances of this Ordinance, Ordinances of this Ordinance the City in conflict with the and the same are hereby, repealed the City not in conflict with the shall remain in full force and SECTION V. 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 VI. 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 VII. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July, 1990. APPROVED: DULY RECORDED: ORDINANCE NO. 90/19 OF THE CITY AMENDED, SO DISTRICT FOR BLOCK 39, ADDITION, AN PARK, DALLAS AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF UNIVERSITY PARK, AS HERETOFORE AS TO GRANT A PLANNED DEVELOPMENT THE PROPERTY DESCRIBED AS LOTS 1-18, OF THE UNIVERSITY HEIGHTS NO. 4 ADDITION TO THE CITY OF UNIVERSITY COUNTY, TEXAS, RECORDED IN VOLUME 5, PAGE 133, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AND MORE COMMONLY KNOWN AS 3920 CARUTH; DESIGNATING ROBERT S. HYER ELEMENTARY SCHOOL AS PLANNED DEVELOPMENT DISTRICT NO. 16; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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 so as to grant a Planned Development District No. 16 for Robert S. Hyer Elementary School, on the property described as Lots 1-18, Block 39, of the University Heights No. 4 Addition, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 5, Page 133, of the Map Records of Dallas County, Texas, and more commonly known as 3920 Caruth. SECTION II. That the Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION III. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinances of the City of University Park. That the granting of this Planned Development District is subject to the special condition that the portable buildings depicted on the Site Plan will be removed by the property owners within one (1) year from the date of this Ordinance. SECTION IV. 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 V. 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 VI. 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 VII. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July, 1990. APPROVED: DULY RECORDED: CITY SECRETARY ORDINANCE NO. 90/20 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT A PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY DESCRIBED AS LOTS 1-26, BLOCK C, OF THE UNIVERSITY HEIGHTS ADDITION REVISED, AN ADDITION TO THE CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 3, PAGE 383, OF THE MAP RECORDS OF DALLAS COUNTY° TEXAS, AND MORE COMMONLY KNOWN AS 3505 AMHERST; DESIGNATING UNIVERSITY PARK ELEMENTARY SCHOOL AS PLANNED DEVELOPMENT DISTRICT NO. 15; APPROVING A CONCEPTUAL SITE PLAN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, and the same is hereby, amended by amending the Zoning Map of the City of University Park so as to grant a Planned Development District No. 15 for University Park Elementary School,on the property described as Lots 1-26, Block C, of University Heights Addition Revised, an Addition to the City of University Park, Dallas County, Texas, recorded in Volume 3, Page 383, of the Map Records of Dallas County,Texas, and more commonly known as 3505 Amherst. SECTION II. That the Conceptual Site Plan setting forth the land uses proposed for the property is attached hereto as Exhibit "A" and made part hereof for all purposes the same as if fully copied herein. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION III. Prior to the issuance of a building permit under this Planned Development District, a Detailed Site Plan shall be required as provided by Section 22-500 of the Comprehensive Zoning Ordinances of the City of University Park. That the granting of this Planned Development District is subject to the special condition that the portable buildings depicted on the Site Plan will be removed by the property owners within one (1) year from the date of this Ordinance. SECTION IV. 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 V. 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 VI. 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 VII. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 3rd day of July, 1990. APPROVED: ~YOR DULY RECORDED: CITY SECRETARY 1(;7 ORDINANCE NO. 90/21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 89/5 IN ORDER TO NAME NEW MEMBERS TO THE BOARD OF DIRECTORS OF THE TEXAS HIGHER EDUCATION AUTHORITY, INC., AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I THAT, Ordinance No. 89/5, Section 4. is hereby amended to read as follows: Section 4. That this Commission hereby appoints the University Park Director of Finance as registered agent for the Authority and appoints the following persons as members of the Board of Directors of the Authority, to-wit: Thomas Max Nygaard Paul Corley James B. Gardner Larry Maxwell S. Louis Moore, Jr. Trevor W. Rees-Jones Terry Wilson SECTION II THAT, the appointment shall be coterminous with the City Council or until their successors have been named. PASSED AND APPROVED the 3rd day of July, 1990. ATTEST: CITY SECRETARY ORDINANCE NO. 90-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING ORDINANCE NO. 89/4 IN ORDER TO NAME NEW MEMBERS TO THE BOARD OF DIRECTORS OF THE SOUTHWEST HIGHER EDUCATION AUTHORITY, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS; CITY COUNCIL OF THE CITY OF SECTION I THAT, Ordinance No. 89/4, Section 4. is hereby amended to read as folows: Section 4. That this Commission hereby appoints the University Park Director of Finance as registered agent for the Authority and appoints the following persons as members of the Board of Directors of the Authority, to-wit: James B. Gardner Paul Corley Larry Maxwell S. Louis Moore, Jr. Thomas Max Nygaard Trevor W. Rees-Jones Terry Wilson SECTION II THAT, the appointment shall be coterminous with the City Council or until their successors have been named. PASSED AND APPROVED the 3rd day of July 1990. ATTEST: CITY SECRETARY 169 ORDINANCE NO. 90/23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING CHAPTER 8, SECTION 10 OF THE CODE OF ORDINANCES BY PROVIDING AN AMENDED PAY SCALE FOR THE CITY OF UNIVERSITY PARK. BE IT ORDAINED PARK, TEXAS: BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY SECTION I THAT, Chapter 8, Section 10 of the Code of Ordinances of the City of University Park, Texas, is hereby amended to read as follows: SECTION 10. CITY PAY PLAN PAY PLAN BY CATEGORIES: EXEMPT EMPLOYEES TITLE POINTS MINIMUM MIDPOINT MAXIMUM CHIEF OF POLICE AND FIRE PUBLIC WORKS DIRECTOR FINANCE DIRECTOR OPERATIONS MANAGER ASST. FIRE CHIEF/FIRE MARSHAL ASSISTANT POLICE CHIEF CITY ENGINEER PARKS DIRECTOR DEPUTY FIRE CHIEF POLICE CAPTAIN PERSONNEL DIRECTOR/RISK MANAGER ASSISTANT FINANCE DIRECTOR TRAFFIC SUPERINTENDENT SANITATION SUPERINTENDENT ASSISTANT TO THE CITY MANAGER QUALITY CONTROL OFFICER GARAGE SUPERINTENDENT ACCOUNTING SUPERVISOR ASST. BUILDING OFFICIAL ADMINISTRATIVE ASST-PARKS STREET SUPERINTENDENT WASTEWATER COLLECTION SUPT. WATER DISTRIBUTION SUPT. ADMINISTRATIVE ASST-PUBLIC WORKS BUYER WATER/TAX DEPARTMENT MANAGER CITY SECRETARY E 864 4,219 5,274 6,329 E 864 4,219 5,274 6,329 E 725 3,706 4,633 5,560 E 657 3,456 4,320 5,184 E 611 3,286 4,108 4,930 E 611 3,286 4,108 4,930 E 571 3,138 3,923 4,708 E 539 3,021 3,776 4,531 E 516 2,936 3,670 4,404 E 516 2,936 3,670 4,404 E 466 2,751 3,439 4,127 E 464 2,744 3,430 4,116 E 421 2,586 3,232 3,878 E 421 2,586 3,232 3,878 E 393 2,482 3,103 3,724 E 393 2,482 3,103 3,724 E 366 2,382 2,978 3,574 E 332 2,258 2,822 3,386 E 323 2,224 2,780 3,336 E 318 2,206 2,757 3,308 E 313 2,187 2,734 3,281 E 311 2,180 2,725 3,270 E 311 2,180 2,725 3,270 E 308 2,169 2,711 3,253 E 298 2,132 2,665 3,198 E 298 2,132 2,665 3,198 E 259 1,988 2,485 2,982 CLERICAL EMPLOYEES TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WAREHOUSEMAN C 56 245 SENIOR COURT CLERK C 55 216 PUBLIC SAFETY DATA SPECIALIST C 54 191 DATA ENTRY CLERK C 54 191 DATA ENTRY - PAYROLL C 54 191 POLICE SECRETARY C 54 191 SERVICE CENTER SECRETARY C 53 160 PARKS SECRETARY C 53 160 ACCOUNTS PAYABLE CLERK C 53 160 PERSONNEL CLERK C 53 160 COURT CLERK C 52 143 PERMITS CLERK C 52 143 WATER DEPARTMENT CLERK C 52 143 WORD PROCESSING CLERK C 51 119 CASHIER C 51 119 MAIL CLERK C 51 119 RECEPTIONIST C 51 119 1,754 2,113 2,473 1,626 1,958 2,291 1,515 1,825 2,135 1,515 1,825 2,135 1,515 1,825 2,135 1,515 1,825 2,135 1,377 1,659 1,941 1,377 1,659 1,941 1,377 1,659 1,941 1,377 1,659 1,941 1,302 1,569 1,835 1,302 1,569 1,835 1,302 1,569 1,835 1,196 1,440 1,685 1,196 1,440 1,685 1,196 1,440 1,685 1,196 1,440 1,685 170 LABOR TITLE GRADE PTS. MINIMUM MIDPOINT MAXIMUM WARRANT OFFICER/BAILIFF L 58 296 LEAD MECHANIC L 58 296 UTILITY FOREMAN L 57 269 ELECT/COMM TECH L 56 245 ENGINEERING TECH/INSP. L 56 245 BUILDING INSPECTOR L 56 245 TRAFFIC SIGNAL FOREMAN L 56 245 GARDENER I L 55 216 LAYOUT WELDER L 55 216 MECHANIC WELDER L 55 216 IRRIGATION TECHNICIAN L 55 216 PEST CONTROL OFFICER L 55 216 ANIMAL CONTROL OFFICER L 54 191 DISPATCHER L 54 191 FACILITIES MAINT.TECHNICIAN L 54 191 NIGHT MAINTENANCE WORKER L 54 191 SANITATION CREW LEADER L 54 191 PARKS MECHANIC 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 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 2,037 2,455 2,037 2,455 1,918 2,311 1,813 2,184 1,813 2,184 1,813 2,184 1,813 2,184 1,685 2,030 1,685 2,030 1,685 2,030 1,685 2,030 1,685 2,030 1,575 1,897 1,575 1,897 1,575 1,897 1,575 1,897 1,575 1,897 1,575 1,897 1,575 1,897 1,575 1,897 1,438 1,733 1,438 1,733 1,438 1,733 1,438 1,733 1,438 1,733 1,363 1,642 1,363 1,642 1,363 1,642 1,363 1,642 1,363 1,642 1,257 1,515 1,257 1,515 1,169 1,409 1,169 1,409 1,169 1,409 2,872 2,872 2,704 2,555 2,555 2,555 2,555 2,375 2,375 2,375 2,375 2,375i 2,220i 2,220 2,220 2,220 2,220 2,220 2,220 2,220 2,027 2,027 2,027 2,027 2,027 1,922 1,922 1,922 1,922 1,922 1,772 1,772 1,648 1,648 1,648 POLICE OFFICERS TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 2,917 3,071 3,233 2,192 2,307 2,428 2,556 2,691 POLICE LIEUTENANT POLICE OFFICER FIRE DEPARTMENT TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 3,288 3,452 2,974 3,131 2,743 2,628 2,404 2,524 2,059 2,167 2,650 2,783 2,281 2,401 2,527 $200.00 per month assignment pay $100.00 per month assignment pay $ 25.00 per month assignment pay FIRE SECTION CHIEF FIRE CAPTAIN DRIVER/ENGINEER DRIVER II FIRE INSPECTOR FIREFIGHTER (HOSEMAN) PARAMEDIC-CAPTAIN PARAMEDIC EMT PART TIME AND TEMPORARY EMPLOYEES (PER HOUR) TITLE MINIMUM MAXIMUM - 11.00 - 10.00 7.50 9.50 7.50 9.00 4.50 6.50 4.50 6.50 4.50 6.50 4.50 6.50 DRAFTSMAN ADMINISTRATIVE INTERN POOL MANAGER SCHOOL CROSSING GUARD LIFEGUARD SWIMMING POOL WORKER WAREHOUSE ASSISTANT PARK LABORER PAY PLAN ADMINISTRATION (a) Non-uniformed Pay Plan. The pay plan presented herein for positions not covered in uniformed step plan defines the range of pay for each position in the City. Individual rates of pay will be determined by employee performance. The mid-point of each range is considered the rate of pay for a fully competent employee. Above mid-point pay is reserved for merit based on performance. Merit employees will receive an increase on October 1 based on their most recent performance appraisal. Employees with an above average performance appraisal will receive a 3% of mid-point increase. Employees with an outstanding performance appraisal will receive a 5% of mid- point increase. No employee shall receive more than one pay increase for the same performance evaluation. (b) Uniformed Step Plan. In order to receive a step increase, each employee must meet the time-in-service requirement and have a performance appraisal that is at least average. If an employee does not meet the performance appraisal requirement, the supervisor may set a time for re-evaluation and reconsi- deration of the step increase if improved performance is recognized. ASSIGNMENT PAY. Effective October 1, 1987, Paramedic-Captain, Paramedic, and EMT positions in the Fire Department are no longer specified as rank but are designated as assignment and receive assignment pay as follows: Paramedic Captain .............. $200.00 per month Paramedic ....................... $100.00 per month EMT ............................. $ 25.00 per month The assignment pay will be in addition to the pay allocated for the firefighter's rank at time of assignment. If, for example, a Hoseman receives training and is assigned as a paramedic, his/her pay would be that of a Hoseman plus $100.00 a month assignment pay. If a Driver/Engineer is assigned to be a Paramedic Captain, he/she will receive the Driver/ Engineer pay and $200.00 a month assignment pay. Subsequently, if a Paramedic Captain decides, for some reason, he/she wishes to discontinue the assignment he/she will then revert back to previous rank and the assignment pay will be discontinued. The same is true if the reassignment is made with cause and/or in the best interest of the department. However, persons holding the rank of Paramedic Captain or Paramedic prior to October 1, 1987 and are removed from their assignment, will be allowed to test for the Driver/Engineer rank; if he/she does not pass the test, he/she will be reclassified to the rank held previous to assignment as a Paramedic or Paramedic Captain. Effective October 1, 1989, Police Officers assigned as Investigators will no longer receive a special assignment pay of $50.00 per month added to base pay. However, those Police Officers assigned as investigators prior to October 1, 1989 shall continue to receive the assignment pay until such time they are assigned elsewhere. WORK EXPERIENCE PERIOD. The work experience period is one year under normal circumstances for uniformed personnel and six months for non-uniformed personnel. Nothing herein prevents the extension of a work experience period or prevents any department head or supervisor from delaying pay increases or not giving pay increases for just and compelling reasons. 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-five dollars ($35.00). 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 will receive an additional incentive pay of twenty five dollars ($25.00) per month. Police Officers and Lieutenants working deep night shift will receive an additional incentive pay of fifty dollars ($50.00) per month. Police Officers and Lieutenants must maintain an average performance evaluation to qualify for and maintain the Differential Incentive Pay. LONGEVITY. Ail police and fire personnel shall receive the State of Texas mandated payment of four dollars ($4.00) per month for each year of service up to a maximum of twenty-five (25) years. All other employees of the City shall receive longevity pay at the same rate as police and fire personnel. For the purpose of this section, longevity payments begin at the start of each month after the anniversary date, unless such anniversary date is on the first day of the month. 8. EDUCATION PAY (a) Uniformed incentive This plan higher. personnel in the Fire Department shall receive pay for education in fire protection technology. does not include the rank of Section Chief or 1. Twelve (12) hours 2. Eighteen (18) hours 3. Thirty-six (36) hours 4. Associate Degree or 60 hours 5. Bachelor's degree as recognized by the Texas Fire Commission $20.00 per month $30.00 per month $40.00 per month $50.00 per month $50.00 per month Prior to payment of any incentive in the categories above, the Assistant Fire Chief and the Chief of Police and Fire must review and approve the subjects and the plan of study prior to instigation by the employee. In addition to the above, certification beyond should carry the following incentive pay: 1. Intermediate $25.00 per month 2. Advanced $50.00 per month 3. Master's Degree $75.00 per month basic No Fire Department personnel shall $100.00 per month of incentive pay. receive more than (b) Uniformed personnel in the Police Department with the rank of Patrol Officer are eligible for educational incentive pay as follows: 1. Associate Degree or 60 hrs.undergraduate work $25.00 per month 2. Bachelor's Degree $50.00 per month Uniformed personnel in the Police Department with the rank of Lieutenant are eligible for educational incentive pay as follows: 1. Bachelor's Degree $25.00 per month In addition to the above, officers of the Police Department with the rank of Patrol Officer or Lieutenant are eligible for a certification pay incentive according to the TCLEOSE certification held by that officer: 1. Intermediate Certificate $25.00 per month 2. Advanced Certificate $50.00 per month No Police Department personnel shall receive more than $100.00 per month of incentive pay. 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. APPROVAL OF CHANGES IN CLASSIFICATION. The City Manager shall have authority to approve all changes in classification, however, the number of classification changes subject to his approval shall not exceed 10% of total employees during FY '90-91. 14. PLAN INTO EFFECT. This amended ordinance is effective 10/1/90. 15. 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 the 19th day of September, 1990. CITY SECRETARY ~ ORDINANCE NO. 90/24 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991, AUTHORIZING EXPENDITURES AS SET OUT IN SUCH BUDGET WHICH IS FILED WITH THE CITY SECRETARY AND BECOMES A PART OF THIS ORDINANCE. BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF bECTiON I THAT,. the ...City Manager as budget officer, under Chapter 8, Section 2.I. of the Code of Ordinances of the City of University Park, Texas, has prepared a budget to cover expenditures of the City of University Park, Texas, for the fiscal year beginning October 1, 1990, and ending September 30, 1991, under full compliance with budgetary requirements of Article 689a-13, Vernon's Annotated Civil Statutes. SECTION II THAT, the preliminary budget was filed in the office of the City Secretary on August 1, 1990, as required by law. SECTION III THAT, a notice of a public hearing for September 4, 1990 at 5:00 p.m. was duly advertised. SECTION IV THAT, the officially approved copy of the budget of the City of University Park is marked and filed in the office of the City Secretary, is attached hereto by reference as Exhibit "A", made a part hereof for all purposes, and adopted as the official budget of the City of University Park, Texas, for the fiscal year beginning October 1, 1990, and ending September 30, 1991. PASSED AND APPROVED this 4th day of September, 1990. ATTEST: CITY SECRET~ ORDINANCE NO. 90/25 AN ORDINANCE OF THE CITY COUNCIL, CITY OF UNIVERSITY PARK, TEXAS, ENACTING THE TAX LEVY FOR THE YEAR 1990 ON ALL TAXABLE PROPERTY WITHIN THE CITY OF UNIVERSITY PARK, TEXAS. BE IT ORDAINED BY UNIVERSITY PARK, TEXAS: THE CITY SECTION I COUNCIL OF THE CITY OF THAT, for the year 1990, there is hereby levied on all property located within the City of University Park, Texas, on the first day of January, 1990, and not exempted by the constitution and laws of the State of Texas, an ad valorem tax of forty-five and twenty-five one hundredths cents ($.4525) on each and every one hundred dollars ($100) valuation of such property for the purposes apportioned as follows: (a) $.3788 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) $.0737 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 1990 tax year, the City Council authorizes a general homestead exemption of twenty percent (20%) of the assessed value and an over 65 years of age exemption of $50,000 on the assessed value. SECTION IV THAT, all constitutional provisions and laws of the State of Texas that pertain to delinquencies and collection procedures are applicable to the 1990 levy. ATTEST: PASSED AND APPROVED this 4th day of September, 1990. 177 ORDINANCE NO. 90/26 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 6, SECTIONS 1G, H AND I, TO PROHIBIT CERTAIN TYPES OF GARBAGE AND TRASH, AND TO PROVIDE RESIDENTIAL AND COMMERCIAL COLLECTION FEES FOR GARBAGE, TRASH, AND BRUSH COLLECTION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK: SECTION I. That Chapter 6, Section I, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended by amending Subsections G, H and I to read as follows: "G. CERTAIN TYPES OF GARBAGE AND TRASH PROHIBITED No person shall deposit, place or leave, in any receptacle designated and intended for ordinary residential or commercial garbage and trash, any car or truck batteries, tires, solvents, fuels, oils, toxic chemicals (pesticides, herbicides, paint, etc.), asbestos, products reactive to water, or construction materials. H. RESIDENTIAL COLLECTION FEES (i) 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 (on residential route) Apartments, per unit (on commercial route) Carryouts, each unit $11.00 $11.00 $11.00 $ 5.50 $40.00 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 twelve dollars ($12.00). (2) Brush Collection - Brush left in alleys shall be securely tied in bundles not to exceed four (4) feet in length or two (2) feet in diameter and shall not weigh more than forty (40) pounds. There will be no extra charge for bundles of this type, and they shall be picked up with normal garbage collection. (3) Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing as follows: Manual Pickup Mechanical Pickup, less than one-half truckload Mechanical Pickup, one-half truckload Mechanical Pickup, full truckload $ 7.50 $40.00 $60.00 $80.00 Leaves or grass clippings in plastic bags shall be picked up on the regular route in the alley unless the number of bags exceeds ten (10) bags per week. Pickup of eleven (11) or more bags shall be on the parkway. (4) The City shall charge the following sums for the removal of appliances: Range, Refrigerator Washer, Dryer, Window Air Conditioner, Water Heater, etc. $15.00 $10.00 These items shall be placed on the parkway and will be picked up on a "call-in" basis only. 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, where containers have been placed at any of such establishments, sanitation charges based upon the following schedule: Collections per Week Number of Containers 1 2 3 4 2 $ 58.68 $ 92.16 $108.96 3 77.10 117.30 147.48 4 95.52 142.44 187.68 5 117.30 170.94 226.26 6 139.08 209.52 254.76 $134.04 82.66 233.76 280.74 312.60 5 6 7 8 2 $159.12 $184.20 $209.28 3 217.85 253.03 288.22 4 279.84 325.92 372.00 5 335.22 389.70 444.18 6 370.44 428.28 486.12 $234.36 323.40 418.08 498.66 543.96 Nothing in this schedule shall prevent the superintendent of sanitation from calculating rates which are lower or which exceed the schedule as long as time, volume, and number of pickups are the basis for such calculation. (2) Any rates calculated by the superintendent of sanitation which exceed the schedule set out in this section and which are charged and assessed against the owner, occupant, tenant, or lessee of such commercial premises shall be subject to approval by the director of public works. Should any customer believe such rates calculated, charged, and assessed are inequitable, he may appeal the rate decision to the city manager for final determination. (3) The effective date of these amended collection fees shall be the first billing after October 1, 1990." 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 after its passage as the law provide. effect immediately from and and charter in such cases DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of September, 1990. ATTEST: APPROVED: ORDINANCE NO. 90/27 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING SECTIONS 16-1000(3), I7-1000(3), 18-1000(4), 19-400(2), 20-400(2), AND 21-1000(3) TO PROVIDE THAT ANY NEW BUILDING IN EXCESS OF FORTY THOUSAND (40,000) SQUARE FEET OR ANY USE REQUIRING MORE THAN TWO HUNDRED (200) OFF-STREET PARKING SPACES SHALL BE PERMITTED IN A PLANNED DEVELOPMENT DISTRICT ONLY; ADDING SECTION 8-109 TO REQUIRE SUCH BUILDINGS IN A PLANNED DEVELOPMENT DISTRICT ONLY; AMENDING SECTION 22-200 TO PROVIDE A SIMILAR REQUIREMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission 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, the governing body is of the opinion that the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION I. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 8 to add Subsection 8-109 as follows: "TYPE USE DISTRICTS 8-109 SF-1 . . New buildings in excess of 40,000 square feet or new uses requiring more than 200 off-street parking spaces" Planned Development (permitted in this district only) PD SECTION II. That the Comprehensive Zoning Ordinance of the City of University Park Texas, be, and the same is hereby, amended by adding Sections 16-1000(3) (0-1, Office District Regulations); 17-1000(3) (0-2, Office District Regulations); 18-1000(4) (GR, General Retail District Regulations); 19- 400(2) (RC, Retail Center District Regulations); 20-400(2) (SC, Shopping Center District Regulations); and 21-1000(3) (C, Commercial District Regulations), each to read as follows: "A proposed new building in excess of forty thousand (40,000) square feet in area or any proposed new use requiring more than two hundred (200) off-street parking spaces under the Comprehensive Zoning Ordinance shall be permitted only in a Planning Development District under the terms of Section 22." SECTION III. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 22-200 to add the following sentence to wit: "22-200 PERMITTED USES . · · A proposed new building in excess of forty thousand (40,000) square feet in area or any proposed new use requiring more than two hundred (200) off-street parking spaces under the Comprehensive Zoning Ordinance shall be permitted only in a Planned Development District under this section." SECTION IV. 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 V. 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 VI. 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 VII. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of October, 1990. ATTEST: APPROVED: M~YOR CITY SECRETARY ORDINANCE NO. 90/28 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, CREATING A SPECIAL SIGN DISTRICT FOR PARK CITIES PLAZA; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 12, Section 6, of the Code of Ordinances of the City of University Park, Texas, provides for the establishment of a special sign district; and WHEREAS, the Urban Design and Development Advisory Committee has made its recommendation in accordance with said section; and WHEREAS, after notice and public hearing, the City Council has determined that a special exception to Chapter 12 should be granted to Park Cities Plaza to provide signage for such area as part of an overall graphics program in accordance with a plan submitted which provides such details and specifications as have been approved by the Urban Design and Development Advisory Committee; NOW, THEREFORE, BE IT ORDAINED BY THE UNIVERSITY PARK, TEXAS: CITY COUNCIL OF THE CITY OF SECTION I. That a special exception to Chapter 12 of the Code of Ordinances of the City of University Park be, and the same is hereby, granted for Park Cities Plaza, a commercial or retail area/shopping center located at the northeast corner of Airline Road and Mockingbird Lane, for the establishment of a special sign district to provide signage for such area as part of an overall graphics program. SECTION II. That such special sign district is granted on the following terms and conditions: ne That the plan submitted by Park Cities Plaza providing such details and specifications as have been approved by the Urban Design and Development Advisory Committee, including information with respect to ownership of the land, proposed lighting, type, location, and size of signs, is attached hereto as Exhibit "A" and made part hereof for all purposes, and the compliance with said plan shall be a condition precedent to the granting of any building or sign permit or certificate of occupancy as may be required by applicable Ordinances of the City. Be Each new sign to be erected in Park Cities Plaza will be made to have a metal face painted in a flat finish color and incised with white plexiglass letters. Existing signs, if modified in any way, will be made to meet the same criteria. Ce The space between the bottom of the marquee and the top of the sign box shall be limited to three inches. De No conduit, junction boxes, raceways, circuit breakers, or other electrical appurtenances shall be exposed except as may be required by applicable law. The special sign district granted hereby shall apply only to current configuration of Park Cities Plaza, and in the event of future reconfiguration or redesign of Park Cities Plaza, the signage shall be made to conform to the requirements of Chapter 12, as amended, or to conform with a new special sign district, if applied for and granted. Fe That other than the special conditions herein contained and in the plan approved as an exhibit hereto, the signs in Park Cities Plaza shall conform to the requirements of Chapter 12, as amended. The provisions of this special exception granting a special sign district for Park Cities Plaza shall create no precedent or exception for any other geographical area of the City and shall not otherwise constitute an amendment or special exception to Chapter I2 of the University Park City Code. Prior to issuance of any permit for erection of any sign under the provisions hereof, removal of the pole sign currently located at the east end of the property shall be required. These conditions may be further amended by amendment of this ordinance by the City Council to adopt additional specific guidelines for signage within Park Cities Plaza. SECTION 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 and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of October , 1990. ATTEST: APPROVED: 6 TCBY Yogurt 7 On Your Mark 8 Swiss Cmaners 9 Ligne Roset 10 Hiiicrest Office Supply 11 Rucous 12 Leslie's 13 Genera] Joe's Restaurant [ia Madelein{ ALLEY PARK CITIES Sound ', ConTainer Store iHorchowI 'rom Thumb Warel~ouse 9 MOCKINGBIRD LAN.-- Mike Harrison Company =cKerd i'~ i wet l~arkef ~' ;f%. [ SPACE LAYOUT ? 0 The special sign district granted hereby shall apply only to current configuration of Park Cities Plaza, and in the event of future reconfiguration or redesign of Park Cities Plaza, the signage shall be made to conform to the requirements of Chapter 12, as amended, or to conform with a new special sign district, if applied for and granted. Fo That other than the special conditions herein contained and in the plan approved as an exhibit hereto, the signs in Park Cities Plaza shall conform to the requirements of Chapter 12, as amended. The provisions of this special exception granting a special sign district for Park Cities Plaza shall create no precedent or exception for any other geographical area of the City and shall not otherwise constitute an amendment or special exception to Chapter I2 of the University Park City Code. He Prior to issuance of any permit for erection of any sign under the provisions hereof, removal of the pole sign currently located at the east end of the property shall be required. These conditions may be further amended by amendment of this ordinance by the City Council to adopt additional specific guidelines for signage within Park Cities Plaza. SECTION 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 and charter in such cases provide. ORDINANCE NO.90/29 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMFNDING CHAPTER 4, SECTION 2, TO AUTHORIZE DEPARTMENT OF PUBLIC SAFETY OFFICERS OF SOUTHERN METHODIST UNIVERSITY TO ISSUE FIRE LANE CITATIONS ON UNIVERSITY PROPERTY AND TO FILE SUCH VIOLATIONS IN THE MUNICIPAL COURT OF THE CITY OF UNIVERSITY PARK; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLIC'~; PROVIDING A SEVERABILITY ChAunt; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are numerous private streets on the Southern Methodist University Campus which have fire lanes required by the codes and ordinances of the City; and WHEREAS, Southern Methodist University has its own Department of Public Safety employing campus security personnel for the purpose of enforcing the law of this state on the campus; and WHEREAS, while on campus, such officers have all the powers, privileges, and immunities of a peace officer; and WHEREAS, the Fire Marshal of the City of University Park is authorized to designate existing streets and accessways on private property as fire apparatus access roads and to mark those roads in accordance with the requirements of the Fire Code; and WHEREAS, it would be in the public interest to preserve the public health, safety, and general welfare of the City of University Park and of Southern Methodist University to authorize the campus security personnel to issue fire lane citations and to file the same in the Municipal Court of the City of University Park; NOW, THEREFORE, BE IT ORDAINED BY UNIVERSITY PARK, TE%~S: THE CITY SECTION 1. COUNCIL OF THE CITY OF That Chapter 4, Section 2, of the Code o~ Ordinances of the City of University Park be, and the same is hereby, amended to add Subsection K, to read as follows: "K. ENFORCEMENT OF FIRE LANE VIOLATIONS ON SMU CAMPUS (1) That security personnel of Southern Methodist University are authorized to issue citations for parking violations on fire apparatus access roads on the private streets and ways on the campus to the same extent to which private guards commissioned by the City are authorized under this section. (2) That such parking citations shall take the form determined by the Departmenh of Public Safety of Southern Methodist University, provided they meet the requirements of the Texas Education Code. (3) The campus security personnel authorized to issue citations Jor fire lane violations shall be designatea an writing by the chief of the SMU Department of Public Safety to the chief of police of the City and shall be commissioned in the same manner as are private guards under this section, provided that no fee shall be charged for such commission. (4) Nothing in this section is intended to make campus security personnel officers of the City of University Park, nor to authorize them to perform any police functions other than on the private streets and areas of the campus, nor to issue citations for traffic violations on the public streets and highways running through or adjacent to university property. Such security officers remain under the control and jurisdiction of the university, even while issuing citations for fire lane violations as authorized hereby. Upon issuance of a citation and filing in the Municipal Court, such parking violations will be handled in the same manner as other parking violations in Municipal Court." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take after its passage as the law provide. effect immediately from and and charter in such cases DULY PASSED by the City Council of the City of University Park, Texas, on the 2nd day of October, 1990. ATTEST: CITY SECRETARY~ 188 ORDINANCE NO. 90/30 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY ADDING SECTION 13-800 TO PERMIT SMALL CAR PARKING STALLS OF SEVEN (7') FEET, SIX (6") INCHES OR LARGER SUBJECT TO FINAL SITE PLAN APPROVAL BY THE DIRECTOR OF PUBLIC WORKS, SUBJECT TO SPECIAL CONDITIONS; AMENDING SECTION 20-400 TO PERMIT SMALL CAR PARKING STALLS OF SEVEN (7') FEET, SIX (6"] INCHES OR LARGER WITH FINAL SITE PLAN APPROVAL BY THE PLANNING AND ZONING COMMISSION, SUBJECT TO SPECIAL CONDITIONS; AMENDING SECTION 24-102 TO ADOPT THE CITY OF DALLAS PARKING BAY WIDTH CHART AS IT RELATES TO THE USE OF STALL WIDTH OF SEVEN (7') FEET, SIX (6") INCHES OR LARGER IN THE SHOPPING CENTER OR PARKING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND 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 CITY COUNCIL 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 Section 13 to add Section I3-800 as follows: "I3-800 SMALL CAR PARKING (i) Notwithstanding the definition of off-street parking space contained in Section 31-102(66) hereof, small car parking stalls of seven (7') feet, (6") inches or larger in width may be permitted in a parking district provided that a final site plan has been submitted in accordance with the requirements of this subsection and approved by the director of public works. (2) Ail small car parking stalls shown on such final site plan shall be double striped and clearly marked on the pavement with a sign stating 'small car only' or 'compact car only.' {3) Small car parking spaces proposed under this subsection shall be That University by amending follows: "20-400 (4) (5) designed on such final site plan in groups of not less than six (6) spaces. The director shall not approve any final site plan which designates more than twenty-five percent (25%) of the spaces on the tract as small car parking spaces. The director shall require that the final site plan place the small car parking spaces in an area which, by its nature, will serve long-term, employee or assigned parkers. The use of small car parking stalls of seven (7') feet, six (6") inches shall be subject to the chart adopted under Section 24-102(6) hereof." SECTION 2. the Comprehensive Zoning Ordinance of the City of Park, Texas, be, and the same is hereby, amended Section 20-400 to add Subsection (2) et seq as OTHER REGULATIONS (1) . . . (2) Notwithstanding the definition of off-street parking space contained in Section 31-102(66) hereof, small car parking stalls of seven (7') feet, (6") inches or larger in width may be permitted in a shopping center district provided that a final site plan has been submitted in accordance with the requirements of this subsection and approved by the Planning and Zoning Commission. (3) Ail small car parking stalls shown on such final site plan shall be double striped and clearly marked on the pavement with a sign stating 'small car only' or 'compact car only.' (4) Small car parking spaces proposed under this subsection shall be designed on such final site plan in groups of not less than six (6) spaces. The Commission shall not approve any final site plan which designates more than twenty-five percent (25%) of the spaces on the tract as small car parking spaces. (5) The Commission shall require that the final site plan place the small car parking spaces in an area which, by its nature, will serve long-term, employee or assigned parkers. (6) The use of small car parking stalls of seven (7') feet, six (6") inches shall be subject to the chart adopted under Section 24-102(6) hereof." SECTION 3. That the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same is hereby, amended by amending Section 24-102 to add Subsection (6) as follows: "24-102 SPECIAL PARKING REQUIREMENTS (6) Any final site plan submitted by an applicant under Sections 13-800 or 20-400(2) et seq which proposes to use a parking stall of seven (7') feet, six (6") inches in width shall be prepared in accordance with the chart entitled "Parking Bay Widths" below: (See Exhibit "A" for Parking Bay Width Chart)" SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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 and charter in such cases provide. DULY PASSED by the City Council of the University Park, Texas, on the 2nd day of 1990. ATTEST: City of October, SECRETARY 0 0 ¥ H 0 ORD90-31 This Ordinance was (Franchise agreement with Lone not passed Star Gas) until 1991. ORDINANCE NO. 90/32 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO GRANT AN AMENDMENT TO THE CONCEPTUAL SITE PLAN FOR PLANNED DEVELOPMENT DISTRICT NO. 17, HIGHLAND PARK HIGH SCHOOL, HERETOFORE GRANTED BY ORDINANCE NUMBER 90/18; PERMITTING BASEBALL FIELD IMPROVEMENTS SUBJECT TO SPECIAL CONDITIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ~O THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of University Park and the City Council of the City of University Park, in compliance with the laws of the State of Texas with reference to the granting of zoning classifications and changes, have given the requisite notices by publication and otherwise, and have held due hearings and afforded a full and fair hearing to all property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and the City Council of the City of University Park is of the opinion and finds that said zoning change should be granted and that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS. SECTION 1. That an amended Conceptual Site Plan setting forth the land uses proposed for Planned Development District No. 17 for Highland Park High School, on the property described more fully in Ordinance No. 90/18, is attached hereto as Exhibit "A" and made part hereof for all purposes, the same as if fully copied herein. (on file in the Building Department) SECTION 2. That Ordinance No. 90/18 and the Comprehensive Zoning Ordinance of the City of University Park, Texas, be, and the same are hereby, amended by substituting Exhibit "A" as a Conceptual Site Plan to add plans for improvements to the Highland Park High School baseball facilities. That such Conceptual Site Plan contains the data required by Section 22-300 of the Comprehensive Zoning Ordinance. SECTION 3. Prior to the issuance of a Building Permit under this Planned Development District, a Detailed Site Plan shall be required for the baseball improvements as provided by Section 22-500 of the Comprehensive Zoning Ordinance of the City of University Park. That the granting of this amendment to the Conceptual Site Plan for Planned Development District No. 17, is subject to the following special conditions: Ae That a Detailed Plan of the requested fence be submitted for review and approval as to materials and placement by the Planning and Zoning Commission. That prior to the replacement of the outfield fence or construction of a wooden fence on the north and west sides, a Detailed Landscape Site Plan that would provide adequate screening of the west and north elevations of the field be submitted for review and approval by the Planning and Zoning Commission of the City of University Park, and that the landscaping materials shown on such approved Plan be planted in accordance therewith. That the remaining improvements shown on the Conceptual Site Plan: the bathroom facilities and concession stand; hitting tunnel and storage building; the addition to the tennis center for dressing rooms; additional bleacher seating; and enlargement of the existing press box, may be completed upon compliance with the requirements of the Detailed Site Plan and the Comprehensive Zoning ordinance. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. 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, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 6th day of November, 1990. A~D: ATTEST: CITY SECRETARY ORDINANCE NO. 90/33 (A) (B) (c) (A) 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 BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS. SECTION I On the terms and conditions set out in Sections 835.401 through 853.403 of Subtitle G of Title 8, V.T.C.A., Government Code, 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, 1990, by reason of service in the employment of the City of University Park, Texas, and on such date has at least 36 months of credited service with said system, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 60% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. On the terms and conditions set out in Section 853.601 of said title, any member of the Texas Municipal Retirement System who is eligible for Updated Service Credits on the basis of service with this City, and who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1, 1990, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said 853.601. In accordance with the provisions of subsection (d) of Section 853.401 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 II On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, V.T.C.A., Government Code, as amended, the City of University Park, Texas, 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 All 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 III 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, 1991. Passed and approved this the 4th day of December, 1990. APPROVED: ATTEST: CITY SECRETARY ORDINANCE NO. 90/34 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 11, SECTION 4A(1)(f) TO PROVIDE A METHOD FOR CALCULATION OF SANITARY SEWER CHARGES FOR NEW ACCOUNTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is inequitable that residents are billed for sanitary sewer services based on average winter month consumption resulting in part or wholly from former residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by amending Chapter 11, Section 4A(1)(f) to add the following paragraph, to wit: "CHAPTER II UTILITIES SECTION 4: SEWER SERVICE CHARGES (1) .... (f) In the event an occupant has not occupied his premises during the preceding months of November, December, and January, the sewer service charges set out in this section shall be based upon the monthly volume of water used until such occupant shall have had water service for the months of November, December, and January, at which time the sewer bill shall be based on the average billings over the three (3) month period as set out above in this subsection." SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of December, 1990. APPROVED: ATTEST: CITY SECRETARY 199 ORDINANCE NO. 90/35 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY ADDING SECTION 16 TO CHAPTER 8 ESTABLISHING A RECORDS MANAGEMENT PROGRAM TO BE ADMINISTERED BY A RECORDS MANAGEMENT OFFICER; PRESCRIBING POLICIES AND PROCEDURES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that a City must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City of University Park desires to adopt an ordinance for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective record keeping; NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That the Code of Ordinances of the City of University Park, Texas, be, and the same is hereby, amended by adding Section 16, "Records Management," to read as follows: "SECTION 16: RECORDS MANAGEMENT A. DEFINITION OF MUNICIPAL RECORDS Ail documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the City of University Park or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of University Park and shall be created, maintained, and disposed of in accordance with the provisions of this section or procedures authorized by it and in no other manner. B. ADDITIONAL DEFINITIONS Department head means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of University Park that creates or receives records. Essential record means any record of the City of University Park necessary to the resumption or continuation of operations of the City of University Park in an emergency or disaster, to the recreation of the legal and financial status of the City of University Park, or to the protection and fulfillment of obligations to the people of this state. Permanent record means any record of the City of University Park for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of University Park, their retention periods and other records disposition information that the records management program may require. Records manaqement means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of record keeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronics and other records storage systems. Records liaison officers means under Section J of this section. the persons designated Records manaqement committee means the committee established in Section F of this section. Records manaqement officer means Section E of this section. the person designated in Records manaqement plan means the plan developed under Section G of the section. Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record before it is eligible for destruction. CITY RECORDS DECLARED PUBLIC PROPERTY Ail city records as defined in Section A are hereby declared to be the property of the City of University Park. No city official or employee, by virtue of his or her position, has any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. D. POLICY It is hereby declared to be the policy of the City of University Park to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. E. DESIGNATION OF RECORDS MANAGEMENT OFFICER The city manager is designated as Records Management Officer for the City of University Park. The Records Management officer shall cause his name to be filed with the director and librarian of the Texas State Library within thirty (30) days of the effective date of this section. Any of the duties imposed upon the Records Management Officer by this section may be delegated to any employee of the City of University Park under the administrative control of the city manager. F. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE DUTIES (1) A Records Management Committee consisting of the city manager, the city attorney, the city secretary, the personnel director/risk manager, the director of finance, and the chief of police and fire is hereby established. This committee shall: (a) assist the Records Management Officer in the development of policies and procedures governing the records management program; performance of the program on a regular propose changes and improvements if (b) review the basis and needed; (c) review and approve records control schedules submitted by the Records Management Officer; (d) give final approval to the destruction of records in accordance with approved records control schedules; and (e) actively support and promote the records management program throughout the City of University Park. Go RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN; AUTHORITY OF PLAN (1) The Records Management Officer and Records Management Committee shall develop a records management plan for the City of University Park for submission to the city council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of record keeping, to adequately protect the essential records of the City of University Park, and to properly preserve those records of the City of University Park which are of historical value. The plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this section effectively. (2) Once approved by the city council, the records management plan shall be binding on all offices~ departments, divisions, programs, commissions, bureaus, boards, committees~ or similar entities of the City of University Park, and records shall be created, maintained, stored, or microfilmed. (3) State law relating to the duties, other responsibilities, or record keeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this section and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the City of University Park. DUTIES OF RECORDS MANAGEMENT OFFICER In addition to other duties assigned in this section, the Records Management Officer shall: (1) administer the records provide assistance to implementation; management program and department heads in its (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) In cooperation with department heads, identify essential records and establish a Disaster Plan for each city office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; 202 (4) develop procedures preservation of the of the city; to ensure the permanent historically valuable records (5) (6) (7) (8) establish standards for filing and equipment and for record keeping supplies; storage study the feasibility of and, if appropriate, establish a uniform filing system and forms design and control system for the City of University Park; provide records management advice and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on-site consultation; monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the city's records control schedules are in compliance with state regulations; (9) disseminate to the heads information administrative rules records; city council and department concerning state laws and relating to local government (10) instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) direct records liaison officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this section; (12) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (14) report annually to the city council on the implementation of the records management plan in each department of the City of University Park, including summaries of the statistical and fiscal data compiled under Subsection (15) bring to the attention of the city council noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS In addition to other duties assigned in this section, department heads shall: ge me he (~) cooperate with the Records Management Office in carrying out the policies and procedures established in the City of University Park for the efficient and economical management of records and in carrying out the requirements of this section; (2) adequately document the transaction of government business and the services, programs and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care, and carry out their preservation, microfilming, destruction, or other disposition in strict accordance with the policies and procedures of the records management program of the City of University Park and the requirements of this section. DESIGNATION OF RECORDS LIAISON OFFICERS Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with records created and maintained by the department and shall have full access to all records of the City of University Park maintained by the department. In the event of resignation, retirement, dismissal, or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this section, Records Liaison Officers shall: (i) conduct or supervise inventories of records of department in preparation for the development of records control schedules; (2) in cooperation with Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) disseminate information to department staff concerning the records management program. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE (1) The Records Management Officer, in cooperation with the department heads and Records Liaison Officers, shall prepare records control schedules on department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of the City of University Park's records as the records management plan may require. 204 (2) Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the record keeping procedures and needs of the department and the records management program of the City of University Park. (3) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the members of the Records Management Committee. (4) Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the director and librarian. IMPLEMENTATION OF RECORDS SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE (i) A records control schedule for a department that has been approved and adopted under Section G shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. (2) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department head requests in writing to the Records Management Committee that the record be retained for an additional period. (3) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the Records Management Committee. DESTRUCTION OF UNSCHEDULED RECORDS A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule, and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request. RECORDS CENTER A records center, developed according to the plan required by Section G, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating operations and use of the records center shall be contained in the records management plan developed under Section G. MICROGRAPHICS Unless a micrographics program in a department is specifically exempted by order of the city council, all microfilming of records will be centralized and under direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan also will establish criteria for determining the eligibility of records for microfilming, and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the Records Management Officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules." 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° This ordinance after its passage provide. SECTION 4. shall take effect immediately from and as the law and charter in such cases DULY PASSED by the City Council of the City University Park, Texas, on the 4th day of December, 1990. of ATTEST: CITY SECRETARY ORDINANCE NO. 90/36 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK BY AMENDING CHAPTER 10, SECTION I2H, TO PROVIDE FOR THE REGULATION OF PARKING FOR DISABLED PERSONS ON PUBLIC AND PRIVATE PROPERTY; PROVIDING FOR THE INSTALLATION AND MAINTENANCE OF SIGNS AND MARKINGS; PROVIDING FOR THE DESIGNATION OF PARKING SPACES OR AREAS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That Chapter 10, Section 12H, of the Code of Ordinances of the City of University Park be, and the same is hereby, amended to read as follows: "H. PARKING FOR HANDICAPPED OR DISABLED PERSONS (i) The city or a person who owns or controls property used for parking may designate one (1) or more parking spaces or a parking area for the exclusive use of vehicles transporting temporarily or permanently disabled persons. The city or any such person may designate a space or area by conforming to the rules promulgated by the State Purchasing and General Services Commission of the State of Texas under authority of Section 7.05, Article 60lb, Vernon's Texas Civil Statutes, relating to the identification and dimensions of parking spaces for the disabled. The city and any person desiring to designate a space or area on private property shall conform to the identification and dimension requirements of such rules. (2) Parking spaces for the handicapped or disabled shall be designated and marked with signs meeting the requirements of the Texas Manual on Uniform Traffic Control Devices and shall conform to the following: (a) (b) (c) The (i2") size. sign shall be not less than twelve inches by eighteen (18") inches in The sign shall be white, contain a green border, contain the words "Reserved Parking" in green, contain a double headed arrow pointing both ways, and shall contain, in white on a blue background, the international symbol of access which identifies the handicapped or disabled. Beneath the sign on the same pole shall be a separate sign which states "City Ordinance $200.00 Fine for Violation." (d) The sign shall be permanently mounted on a sign post adjacent to each parking space designated or may be attached to the wall immediately in front of the parking space so designated if there is a wall within three (3') feet of the front line of the disabled parking space. Signs erected in areas where parking or pedestrian movement is likely to occur or where the sign may be in an obstruction to view shall be placed so that the clearance to the bottom of the sign is at least seven (7') feet from the near edge of the pavement surface to the bottom of the sign. In off-street parking areas or in areas where the sign support will not impede or obstruct pedestrian movement, the sign shall be installed with a minimum clearance to the bottom of the sign of at least five (5') feet. (3) (4) (5) (6) (e) Parking spaces assigned as handicapped or disabled parking spaces may be supplemented with pavement markings where there is a suitable pavement surface. Such markings shall be the international symbol of access for the disabled (a profile view of a wheel chair with occupant). A vehicle displaying a license plate or identification card that bears the international symbol of access and that is issued by the State of Texas may be parked in any parking area or space designated for handicapped or disabled parking at any time when such vehicle is being operated by or for the transportation of a disabled person. The owner of a vehicle marked with a special device issued by the State of Texas and displayed on such vehicle in such manner as to indicate that the vehicle is being operated by or for the transportation of a disabled person shall be exempt from payment of fees or penalties imposed by the city for parking at a meter or in a space with a limitation on the length of time for parking. A person commits an offense if the person is neither temporarily nor permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle displaying a special device or disabled person identification card in a parking space or parking area designated specifically for the disabled by the city or a person who owns or controls private property used for parking within the city, provided that such parking space or parking area has been designated and marked in accordance with the requirements of this section. A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a disabled person identification card in a parking space or parking area designated specifically for the disabled by the city or by a person who owns or controls private property used for parking 208 and such parking space or parking area has been designated and marked in accordance with the requirements of this section. (7) A person commits an offense if the person parks a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled." 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 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 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide, provided however, that no prosecution shall be undertaken of any provision of this ordinance unless and until parking spaces or parking areas are designated and marked in accordance with the requirements of this ordinance, the Texas Manual on Uniform Traffic Control Devices, and the Rules and Regulations of the State Purchasing and General Services Commission with regard to parking spaces for the handicapped or disabled. In the prosecution of an offense hereunder, it is presumed that the registered owner of the motor vehicle that is the subject of the prosecution is the person who parked the vehicle at the time and place the offense occurred. DULY PASSED by the City Council of the City of University Park, Texas, on the 4th day of December , 1990. ATTEST: CITY SECRETARY //